Act unto Major Richard Ingoldsby the Sum of one Hundred Pounds and to Capt. William Kidd the Sum of one Hundred and Fifty Pounds as a suitable Reward and Acknowledgement for the good Services done by them before your Excellency's arrival here An Act for the raising of two Thousand Pounds for paying and defraying the Incidental Charges according to establishment of one hundred Fuzileers with their proper Officers for one who e Year FOr the securing the Fronteers of this Province in the County of Albany it is thought convenient that his Excellency the Captain General do raise one Company to consist of one hundred Fuzileers with their proper Officers which shall remain in the said County for the defence thereof one whole Year to commence on the 28th day of March now last past Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly And it is hereby Enacted by the Authority of the same That a Levy of two Thousand Pounds currant Money of this Province be laid assessed raised and levyed upon all and every of the Inhabitants Residents and Free-holders of and in this Province for the paying and defraying the incidental Charges of the said Company of Fuzileers and their Officers for one whole Year as aforesaid and for no other use intent or purpose whatsoever To be laid assessed raised levied and paid unto their Majesties Collector and Receiver General for the time being at their Majesties Custom-House in the City of New-York at the times hereafter mentioned That is to say one half or Moyety of the said two Thousand Pounds at or before the 25th of July now next ensuing and the other moyety or half part at or before the 25th day of March which shall be in the Year of our Lord 1692. according to the Rates and Proportions following that is to say For the City and County of New-York Four Hundred Pounds For the City and County of Albany One Hundred and Eighty Pounds For the County of Westchester one hundred and forty Pounds For the County of Richmond one hundred and twenty Pounds For the County of Vlster and Dutches County two hundred and fifty Pounds For the County of Suffolk three hundred and fifty Pounds For Kings County two hundred and sixty Pounds For Queens County two hundred and sixty Pounds For the County of Orange fifteen Pounds For Dukes County twenty five Pounds And be it further Enacted by the Authority aforesaid That for the better assessing raising and rating the Sum of two thousand Pounds aforesaid the Mayor and Aldermen within the City of New-York the Mayor and Aldermen of 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 which they shall be Justices of the Peace do forth-with upon the Publication hereof assemble and meet together at the Court-Houses for the several respective Cities and Counties or such other place or places as they shall agree upon amongst themselves and shall there order that the Assessors and Collectors for the several respective Cities Towns Mannors and Liberties within their several Jurisdictions for the Assessing Collecting and receiving of the publick Rates for the defraying the pubick and necessary Charge of each respective City and County aforesaid be the Assessors and Collectors for the assessing collecting and receiving the Sum or Sums of Money herein before mentioned according to the Proportions before expressed as to the said Mayor Aldermen and Justices shall seem meet and reasonable Be it further Enacted by the Authority aforesaid That the said Mayor 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 truly equally and according to their best Vnderstanding to assess and rate the Inhabitants Residents and Free-holds of the respective places for the 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 refuse to take Oath as aforesaid or shall in any ways deny neglect 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 lawful for any two of their Majesties Justices of the Peace of the County where such Offenders 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 Assessor or Assessors Collector or Collectors so denying refusing or neglecting to the common Goal there to remain without Bail or Mainprize till he or they shall make Fine and Ransom to their Majesties for such Contempt as above-said 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 of within this Province who shall be assessed or rated any Sum or Sums of Money by virtue of this Act to be raised or levied shall deny refuse or delay to pay and satisfie 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 and County where such Offenders shall dwell or reside who by virtue of this Act are required and authorized to grant and issue forth such Warrants to levy the same by distress and sale of such Person or Persons Goods and Chattels returning the over-plus of such Goods and Chatâ—les to the owners the sum assessed and Charges of Distress and Sale being first deducted if any such over-plus shall happen to be 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 authorised to take effectual care that this Act and every Article and Clause therein be truly executed according to the true and genuine sence and intent thereof shall deny refuse neglect or delay to do perform fullfill and execute all and every or any the Duties Powers and Authority 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 Maiesties Courts of Record within this Province he or they shall suffer such Pain by Fine 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
third Sessions of the General Assembly begun in the City of New-York April 19. 1692. An Act for the raising two hundred Men with their proper Officers for the securing and re-inforcing of Albany in the Fronteers of this Province WHereas the Forces lately raised for the Re-inforcing and Securing the Fronteers at Albany are not to continue in that service any longer than the first of May next ensuing And forasmuch as it is still absolutely necessary for the safety of all their Majesties Neighbouring Collonies and Plantations as well for the security of this Province that there be and remain at that place sufficieut Force for the Defence thereof And whereas the present State Condition of this Province is such that they are not able at this time to make sufficient Provision of Men and Money for the re-inforcing of that place as is truly necessary for the maintaining such a considerable Post which is the only Bull-work of Defence for all their Majesties Neighbouring Collonies and Plantations in this main of America yet that the said place may not be deserted nor the Indians who have been so constant to us discouraged Be it therfore Enacted by the Commander in chief and Council and Representatives convened in General Assembly and by the Authority of the same That the Commander in chief do issue out his Warrants to the chief Military Officers in the respective Cities and Counties under-named for the raising of 200 men armed as the Law directs with their proper Officers in such Proportions hereafter mentioned to consist and make two distinct Companies of Fuzileers for the Reinforeement and Security of the Fronteers of this Province in the County of Albany aforesaid which shall continue and remain in the said County of Albany for the Defence and Security thereof for the term and space of five Moneths to commence on the first day of May next and to end and terminate on the first day of October then following And be it further Enacted by the Authority aforesaid That if any Person or Persons who in pursuance of such Warrant or Warrants to be by the Commander in chief issued out to the chief Military Officer of each respective City and County or Counties as aforesaid shall be warned to appear in Arms in order to the raising the 200 men aforesaid shall neglect delay or refuse to appear or otherwise absent him or themselves shall forfeit the sum of five Pounds currant Money to be levied by Distress by Warrant under the Hand and Seal of any Justice of the Peace within this Province on the Goods and Chattels of every such Person or Persons so offending as aforsaid upon a Certificate of such Default from the Captain or chief Officer of such Company in or to which the said Offender shall be listed or belong under his Hand Seal which said sum of 5 l. shall be imployed for the encouragement and raising the Quota of men by this Act in each respective City County or Counties to be raised as aforesaid And in case such Person or Persons so offending as aforesaid shall not have Goods and Chattels to be found to pay and satisfie the sum of five Pounds aforesaid such Person or Persons upon such Certificate and by such Warrant as aforesaid shall becommited to the common Goal of the same City or County or Counties there to remain without Bail or Mainprize for the space or term of five Moneths or untill he or they shall satisfie the sum of five Pounds aforesaid And for the paying and maintaining the said two hundred men and their proper Officers Be it further Enacted by the Authority aforesaid That a Levy of fifteen Hundred Pounds currant Money of this Province be laid assessed raised and levied upon all and every the Inhabitants Residents and Freeholders of and in this Province for the paying and maintaining of the said two hundred men and their proper Officers for five Months as aforesaid and for no other use intent or purpose whatsoever To be laid assessed raised levyed and paid to their Majesties Collector and Receiver General for the time being at their Majesties Custom-house in the City of New-York on the first day of September next ensuing which shall be in the Year of our Lord 1692. according to the Rates and Proportions following that is to say For the City and County of New-York 345 l. for the paying and maintaining 46 men being their Quota and Proportion of the 200 men aforesaid For the County of Westchester 127 l. 10 s. for the paying and maintaining 17 men being their quota and proportion as aforesaid For the County of Richmond 67 l. 10 s. for the paying and maintaining of nine men being their quota and proportion as aforesaid For the County of Vlster and Dutches County 210 l. for the paying and maintaining 28 men being their quota and proportion as aforesaid For the County of Suffolk 300 l. for the paying and maintaining 40 men being their quota and proportion as aforesaid For Kings County 210 l. for the paying and maintaining 28 men being their quota and proportion as aforesaid For Queens County 225 l. for the paying maintaining 30 men c. For the County of Orange 15 l. for the paying and maintaining two men being their quota and proportions as aforesaid And also be it Enacted by the Authority aforesaid That such sum or sums of Money of the several sums of 2500 l. lately raised by the Act of General Assembly for the paying and defraying of the Charges of 250 Fuzileers with their Officers raised for the securing and defence of Albany which shall and doth remain undisposed of and not imployed for the Uses aforesaid shall be laid out and applyed towards the defraying the incidental Charge or Expence which shall or may happen or be occasioned by the raising transporting and maintaining of the two hundred Fuzileers with their proper Officers before in this Act mentioned and expressed And be it further Enacted by the Authority aforesaid That for the better assessing raising paying the sum of one thousand five hundred Pounds aforesaid The Mayor and Aldermen in the City of New-York 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 City 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 City 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 County aforesaid be the Assessors and Collectors for the assessing collecting or receiving the sum or sums of Money herein before mentioned according to
sixty Pounds currant Money of this Province be laid assessed raised and levied upon all and every the Inhabitants Residents and Freeholders of and in this Province for the paying and maintaining of the said two hundred and twenty men and their proper Officers together with the incidental Charges that shall arise thereon for seven Kalendary Months as aforesaid and for no other use intent or purpose whatsoever To be laid assessed raised levyed and paid to their Majesties Collector and Receiver General for the time being at their Majesties Custom-house in the City of New-York on the first day of April next ensuing which will be in the Year of our Lord 1693. according to the Rates and Proportions following that is to say For the City and County of New-York 780 l. for the paying and maintaining 60 men being their Quota and Proportion of the 220 men and Officers aforesaid For the County of Westchester 325 l. for the paying and maintaining 25 men being their quota and proportion as aforesaid For the County of Richmond 130 l. for the paying and maintaining of ten men being their quota and proportion as aforesaid For the County of Suffolk 585 l. for the paying and maintaining 45 men being their quota and proportion as aforesaid For Kings County 442 l. for the paying and maintaining 44 men being their quota and proportion as aforesaid For Queens County 572 l. for the paying maintaining 34 men being their quota and proportion aforesaid For the County of Orange 26 l. for the paying and maintaining two men being their quota and proportion as aforesaid And be it further Enacted by the Authority aforesaid That for the better assessing raising paying the sum of two thousand eight hundred and sixty Pounds aforesaid The Mayor and Aldermen in the City of New-York for the time being and the Justices of the Peace for the time being for the several and 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 Cityes 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 Citys Towns Mannors or Liberties within their several Jurisdictions for the assessing collecting and receiving of the publick Rates for the defraying the publick and necessary Charges 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 Mayor Aldermen and Justices shall seem meet and reasonable And forasmuch as there are several Mannors and Jurisdictions 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 furher 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 Rendents 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 he 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 Seal 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 sale 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 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 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 convicted before his Excellency the Captain General and Council or 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 said Governour and Captain General and Council and the Justices of the said Courts shall be adjudged And be
defence of the Frontiers at Albany were to abide which continuing still daily exposed to the Attempts of the French their Majesties declared Enemies it is of absolute necessity that they should from the said time be well Re-inforced not only for the Preservation of this Province but also for the Security and Defence of all their Majesties Subjects in the adjacent Colonies And to the end that the said purposes may be well and truly effected the Representatives convened in General Assembly do pray that his Excellency would levy or cause to be levyed in this and the adjacent Collonies three hundred effectual Men Volunteers to be formed in four Companies of Souldiers and imployed in their Majesties service for the security and defence of the Frontiers of this Province at Albany and there to continue during the time hereafter mentioned and expressed That is to say That his Excellency doth forth-with upon publication hereof raise or cause to be raised as aforesaid two hundred effectual men Volunteers which are to be formed into four Companies of Souldiers as aforesaid and imployed at Albany for their Majesties Service as aforesaid and there to continue in the said Service from the first day of May next until the first day of May then next following that shall be in the Year of our Lord One Thousand Six Hundred Ninety and Four And also That his Excellency shall likewise raise One Hundred effective Men Volunteers more which shall likewise bearded to the four Companies aforesaid in equal Proportion and posted at Albany as aforesaid and there only to continue and remain from the first day of November next ensuing until the fifteenth day of March then following and no longer And that his Excellency may be the better enabled to make such Levys as aforesaid the Representatives convened in general Assembly do pray that it may be Enacted And be it therefore Enacted by the Governour and Council and Representatives convened in general Assembly and by the Authority of the same That a Levy of Six Thousand Pounds currant Money of this Province be laid assessed raised and levyed upon all and every of the Inhabitants Residents and Free holders of and in this Province c. for the paying and maintaining of the said three hundred Volunteers and their Officers together with the incidental Charges that shall arise thereon according to the Establishment hereunto annexed and not otherwise and for no other use intent or purpose whatsoever To be laid assessed raised and levyed in each respective City and County throughout the Province according to the Rates Quota's and Proportions hereafter following that is to say For the City and County of New-York One Thousand Four Hundred and Fifty Pounds being their Quota and Proportion of the Levy of Six Thousand Pounds aforesaid For the County of Suffolk in the Island of Nassaw Twelve Hundred Pounds being their Quota and Proportion as aforesaid For Queens County in the Island of Nassaw One Thousand Pounds being their Quota and Proportion as aforesaid For Kings County in the said Island of Nassaw Nine Hundred Pounds being their Quota and Proportion as aforesaid For the County of Westchêster Five Hundred and Sixty Pounds being their Quota and Proportion as aforesaid For the County of Vlster and Dutches County Six Hundred Thirty Pounds being their Quota and Proportion as aforesaid For the County of Richmond Two Hundred and Thirty Pounds being their Quota and Proportion as aforesaid And for the County of Orange Thirty Pounds being their Quota and Proportion as aforesaid All which Quota's and Proportions as aforesaid doth in the whole amount unto the Sum of Six Thousand Pounds currant Money aforesaid which said Sum of Six Thousand Pound shall well and truely be paid by the respective Collectors of each respective City and County aforesaid unto their Majesties Collector and Receiver General for the time being at their Majesties Custom House in the City of New-York in two equal Payments that is to say Three Thousand Pounds currant Money as aforesaid being the one moiety or equal half part of the said Thousand Pounds at or before the nine and twentieth day of September next being the Feast Day of St. Michael the Arch-Angel And the other three Thousand Pounds currant Money aforesaid being the other moiety or equal half part of the Levy aforesaid at or before the twenty fifth day of March then next following being the Feast day of the Anunciation of the blessed Virgin Mary which shall be in the Year of our Lord One Thousand Six Hundred Ninety and Four under the pains and penalties herein after mentioned And that the said Sum of Six Thousand Pounds according to the Quota's and Proportions aforesaid may be most truely and effectually assessed raised collected and paid unto their Majesties Receiver General in manner aforesaid and for the intent and purposes aforesaid Be it further Enacted and it is hereby further Enacted by the Authority aforesaid That the Mayor and Aldermen within this City of New-York for the time being and the Justices of the Peace for the time being for the several and respective Counties aforesaid for the several Counties respectively for the which they shall be Justices of the Peace do within forty days after 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 amongst themselves and shall there order that Assessors and Collectors for the several and respective Cities Towns Mannors and Liberties within their several Jurisdictions for the assessing collecting and receiving of the publick Rates for the defraying the publick and necessary Charges of each respective City and County aforesaid be the Assessors and Collectors for the assessing collecting and receiving the sum or sums of Money herein before-mentioned according to the proportions before expressed as to the said Mayor and Alder-men and Justices shall seem meet and reasonable And forasmuch as there are several Mannors and Jurisdictions within the respective Counties aforesaid who neglect and do not elect annually or once every Year Assessors and Collectors whereby the intent of this Act may be frustrated Be it therefore Enacted by the Authority aforesaid That if the respective Mannors and Jurisdictions within the several Counties aforesaid shall refuse or neglect to elect Assessors Collectors for the assessing of their respective Mannors and 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 of the Counties where such Mannors or Jurisdictions are are hereby impowered and authorized to nominate and appoint Assessors and Collectors for such Mannors and 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 wise notwithstanding And be it further Enacted by the Authority aforesaid That the
whatsoever shall or may if they shall so see meet commence or remove any Action or Suit the Debt or Damage laid in such Action or Suit being upwards of Twenty Pounds and not otherwise or shall or may by Warrant Writ of Error or Certiorari remove out of any of the respective Courts of Mayor and Aldermen Sessions and Common Pleas any Judgment Information or Indictment there had or depending and may correct Errors in Judgment or Reverse the same it there be just cause Provided always That the Judgment removed shall be upwards of the value of Twenty Pounds Always provided and be further Enacted by the Authority aforesaid That this Supream Court shall be duely and constantly kept once every fix Moneths and no oftner That is to say On the first Tuesday of October and on the first Tuesday of April annually and every Year at the City Hall of the said City of New-York provided they shall not sit longer than eight dayes And be if further Enacted by the Authority aforesaid That it shall not be lawful for any Person or Persons whatsoever appointed or elected or commissionated to be a Justice or Judge of the aforesaid Courts to execute or officiate his or their said place or Office until such Time he or they shall respectively take the Oathes appointed by Act of Parliament to be taken in stead of the Oathes of Allegiance and Supremacy and subscribe the Test in open Court And be it further Enacted by the Authority aforesaid That all and every of the Justices of Judges of the several Courts before-mentioned be and are hereby sufficiently impowered to make order and establish all such Rules and Orders for the more orderly practising and proceeding in their said Courts as fully and amply to all intents and purposes whatsoever as all or any of the said Judges of the several Courts of the Kings Bench Common Pleas and Exchequer in England legally do Provided alwayes and be it further Enacted by the Authority aforesaid That no Persons Right or Property shall be by any of the aforesaid Courts determined except where matters of Fact are either acknowledged or passeth by the Defendants Fault for want of Plea or Answer Unless the Fact be found by the Verdict of Twelve Men of the Neighbourhood as it ought of Right to be done by the Law Be it further Enacted by the Authority aforesaid That there shall be a Court of Chancery within this Province which said Court shall have Power to Hear and Determine all Matters of Equity and shall be esteemed and accounted The High Court of Chancery of this Province And be it further Enacted by the Authority aforesaid That the Governour and Council be the said High Court of Chancery and hold and keep the said Court and that the Governour may depute nominate and appoint in his stead a Chancellor and be assisted with such other Persons of the Council as shall by him be thought fit and convenient together with all necessary Officers Clerks and Registers as to the said High Court of Chancery are needfull Provided alwayes and it is hereby further Enacted by the Authority aforesaid That any Free-holder Planter Inhabitant or Sojourner within this Province may have Liberty if he or they see meet to make his or their Appeal or Appeals form any Judgment obtained against him or them in case of Error in the several courts aforesaid in such manner and form as is hereafter expressed That is to say From the Court of Mayor and Alderman and Courts of Common Pleas. To the Supream Court for any Judgment above the value of Twenty Pounds And from the Supream Court at New-York to the Governour and Council for any Judgment above the value of One Hundred Pounds And from the Governour and Council To their Majesties Counceil for any Decree or Judgment above the Value of Three Hundred Pounds as in Their Majesties Letters Patents to his Excellency doth and may more fully appear Alwayes provided That the Party or Parties so Appealing shall first pay all Cost of such Judgment or Decree from which the Appeal ariseth and enter into Recognizeance with two sufficient Sureties for double the value of the Debt Matter or Thing recovered or obtained by Judgment or Decree against him or them to the said Court from which they Appeal That they will prosecute the said Appeal or Appeals with Effect and make Return thereof wîthin Twelve Months after the said Appeal or Appeals here made And if Default happen thereon then Execution to issue out upon the Judgment against the Party or their Sureties in course without any Scire facias Provided alwayes That the establishing of these Courts shall not be or remain longer in force than for the time and space of two Years and until the end of the sitting of the next Assembly after the expiration of the said two Years An Act for the Settling Quieting and Confirming unto the Cities Towns Mannours and Freeholders within this Province their several Grants Patents and Rights respectively FOrasmuch as the many Changes Alterations and Disturbances that have been lately given unto their Majesties Subjects inhabiting within this their Province c. hath and doth very much discourage the settling improving and the growth and strength thereof and that it is now absolutely necessary for the quieting and satisfying their Majesties good Subjects within the same that the Rights and Priviledges formerly held by and granted to the respective Cities Towns Mannors and Free-holders within this Province c. should be now ratified and confirmed Be it therefore Enacted by the Governour Council and Representatives convened in General Assembly And it is hereby Enacted and Declared by the Authority of the same That all the Charters Patents Grants made given and granted and well and truly executed under the Seal of this Province constituted and authorized by their late and present Majesties the Kings of England and Registered in the Secretary's Office unto the several and respective Corporations or Bodies Politick of the Cities Towns and Mannors and also to the several and respective Free-holders within this Province are and shall forever be deemed esteemed and reputed good and effectual Charters Patents and Grants authentick in the Law against their Majesties their Heirs and Successors forever notwithstanding of the want of Forms in the Law or the Non-feizance of any Right Priviledge or Custom which ought to have been done heretofore by the Constitutions and Directions contained in the respective Charters Patents and Grants aforesaid And be it further Enacted by the Authority aforesaid That all the Charters Patents and Grants made given and granted as aforesaid unto all and every the several and respective Corporations or Bodies Politick of the Cities Towns and Mannors and their Successors and also unto all and every the respective Free-holders their Heirs Assigus forever within this Province are to all intents and purposes whatsoever hereby Ratified and Confirmed To Have Hold Exercise Occupy Possess and Enjoy all their
Crafts or Occupations may at all times come and inhabit in any place within this Province and be alwayes admitted provided he maketh Application within eight days after his arrival in any City Town or County as aforesaid unto such person or persons as are appointed for Governing the respective parts And also all Vessels that shall bring any Passengers into this Province the Masters of such Vessels shall within four and twenty Hours after arrival bring a List of such Passengers he brings into the Province with their Quality and Conditions unto the chief Magistrates of each respective City Town or County as aforesaid under the Penalty of Ten Pounds currant Money of this Province Alwayes provided That if any Vessel bring in any Person as aforesaid not able to give Surety for their well demeanour that then and in such case That the Master of such Vessel or Vessels shall be obliged to Transport all such to the place from whence they came or at least out of this Province and Dependencies And also if any Vagabonds Beggars or others remove from one Town to another and cannot give Security as aforesaid It shall be lawful to the Constable to return such Persons to the Town from whence they came An Act for settling the Militia WHereas the present State and Condition of this Province doth of necessity require that the Inhabitants thereof should be well armed and trained up in Art Military as well for the Honour and service of their most excellent Majesties as the Preservation of their own Lives and Fortunes Be it Enacted and Ordained by the Governour and Council and Representatives convened in General Assembly And it is hereby Enacted and Ordained by the Authority of the same That no Person whatsoever from Fifteen to Sixty Years of Age remain unlisted by themselves or Masters Mistrisses or Imployers under the Captains in their respective places of abode in Foot or Horse the space of one Kalander Moneth after their arrival or coming to reside or sojourn in any place within this Province on Penalty of Twenty Shillings and so for every Moneth such Person shall remain unlisted And that every Foot Souldier be provided with a well fixed Musquet or Fusee or if the Officer so appoint with a good Pike or Sword or Lance and Pistol each Musquetcer six Charges of Powder and one Cartouch Box and so shall appear when and where appointed upon penalty of five Shillings for his default in not appearing and three Shillings for want of each Charge of Powder Gun Pike Sword Pistol or Cartouch Box so as the whole Penalty for any Person at one time exceed not ten Shillings And that every Souldier belonging to the Horse shall when and where commanded appear and be provided with a good serviceable Horse of his own covered with a good Saddle with Holsters Brest-plate and Crupper and a Case of good Pistols Hanger Sword or Rapier and half a pound of Powder with twelve serviceable Bullets on penalty of Ten Shillings for each times absence and five Shillings for default of each of the particulars above mentioned so as the whole Penalty for one time exceed not fifteen Shillings And that every Foot Souldier shall have at his Habitation and Abode one pound of good Powder and three pound of sizeable Bullets And every Trooper have at his usual place of Abode a well fixed Carbine with Belt and Swivel and two Pounds of fine Powder with six pounds of sizeable Bullets on penalty of ten Shillings for each default and that each of them shall bring the same into the Field when commanded upon Penalty of answering the same at a Court Martial And for the supply of the Troops of Horse in the Cities of New-York and Albany and County of Vlster it shall be in the Power of the Collonol or chief Officer of the Militia of the City of New-York County of Albany and County of Vlster for the time being whensoever any of the said Troops shall not compleat the Number of Fifty To present double the Number instead of such as are dead removed or wanting out of the principal Inhabitants and Gentlemen of the respective Cities and Counties aforesaid unto the Governour for the time being who from time to time may list and order so many of them to be of the said respective Troops as may compleat the Number of Fifty for their Majesties fervice and the security of this Province And every Person so presented to the Governour for the time being and by him listed and ordered to be of the said respective Troops shall be and are hereby obliged to serve in the said respective Troops upon the Penalty of five Pounds Provided nevertheless That nothing herein be construed to extend to force or compell any Person that hath or shall be in Commission in this Province to list themselves in any Company or Troop or to serve in any Capacity beneath their former Commission unless such person hath been degraded by a Court Martial And it is further Enacted by the Authority aforesaid That no person so listed as aforesaid shall depart thence without a Discharge from the Commander of the Company or Troop where listed on Pènalty of Twenty Shillings And that no Commander of any Company or Troop shall refuse when desired to give a Discharge in Writing to any that is removing his Abode out of the Precincts or Province under the penalty of five Pounds And whereas at the City of New-York Guards and Watches are every Night set and appointed Be it therefore Enacted and Ordained by the Authority aforesaid That it shall and may be lawful for any person or persons listed in the Reigment of the City and County of New-York except on Extraordinary Occasions to put a well Armed Man in their Room who if approved of by the Captain of the Guard shall excuse his or their Absence Provided always That the Commission Officers and Serjants of the respective Companies be obliged in their respective Turns to mount the Guard in their proper Persons And that no Person shall refuse to be a Serjant Corporal or Drummer in the Company wherein he is listed under the penalty of Forty Shillings And be it further Enacted and Ordained by the Authority aforesaid That all Captains of Companies of Foot or Troops of Horse shall within twelve Moneths from and after the Publication of this Act pets Trumpeters and Banners at the proper Charge of the respective Officers Troops and Companies under the Penalty of Ten Pounds and so for every four Months such Commanders shall remain unprovided And that all the Collonels of the respective Regiments or next chief Officeâ—s in their absence shall once every Year at least issue out their Warrants to their Inferiour Officers commanding them To make diligent search and inquiry in their several Precincts that all be duely Listed Armed and Equipped And to return to them such Defects as shall be found to the end the same may be reformed on penalty of Twenty Pounds And
respective Habitations or places of their Abode within this Province and there use exercise and follow their respective Occupations as accustomed where they shall remain without any other let or molestation than what is required by this Act and freely possess and enjoy all their Benefits and Protections of their Majesties Laws of England and this Province Alwayes provided and be iâ— further Enacted by the Authority aforesaid That if any Person or Persons concerned in the Premises as aforesaid shall neglect to return or repair to their respective Habitations or places of their Abode in this Province within the time 〈◊〉 and exproâ—â—ed except all such as shall be at the Publich 〈…〉 beyond the Seas Then and in such case such Person o◠〈…〉 deemed and esteemed Contemners of their Majesties Authority and Government over this Province and loose all the Benefits and Advantages intended them by this Act and all and every of their respective Estates both Real and Personal shall be liable and extended to make Satisfaction to all such Suits or Demands as shall be made in due Form of the Law against them any thing contained herein to the contrary hereof in any wayes notwithstanding An Act to divide this Province and Dependencies into Shires and Counties FOrasmuch as Mistakes may arise about the Limits and Bounds of the respective Counties within this Province for Prevention whereof Be it Enacted by the Commander in Chief and Council and Representatives and by the Authority of the same That the said Province be divided into twelve Counties as followeth The City and County of New-York to contain all the Island commonly called Manhattans Island Manmings Island the two Barran Islands and the three Oyster Islands Manhattans Island to be called the City of New-York and the rest of the Islands the County The County of Westchester to contain East and Westchester â—rouxes Land Fordham Mannor of Pellham Minfords Islând Richbills Neck and all the Land on the Main to the Eastward of Manhattans Island as far as the Government at present extends and the Yonkers Land And Northwards along Hudsons River as far as the High-Land The County of Vlster to contain the Towns of Kingstone Hurley and Marble Town Foxhall and the New Pellz and all Villages Neighbourhoods and Christian Habitations on the West side Hudson's Riven from the Murderers Creek near the High-Lands to the Sawyers Creek The County of Albany to contain the Mannor of Ransleerswick Schactady and all the Villages Neighbouhoods and Christian Plantations on the East side of Hudsons River from the Roel of Jansens Creek And on tho West side from the Swyers Creek to the utmost end of Sarraghtoga The Dutches County to be from the Bounds of the County of Westchester on the South side the High Lands along the East side of Hudsons River as far as Roel of Jansens Creek And Eastward into the Woods twenty Miles The County of Orange to begin from the Limits and Bounds of East and West Jarsey on the West side of Hudsons River along the said River to the Murderers Greek or Bounds of the County of Vlster And Westward into the Woods as far as Delaware River The County of Richmond to contain all Staten Island Shooters Island and the Islands of Meddow on the West side thereof Kings County to contain the several Towns of Bushwick Bedford Brookline Flatbush Flatlands Neuwtrucht and Graves-End with the several Settlements and Plantations adjacent Queens County to contain the several Towns of Newtown Jamaica Flushing Hemstead Oyster-Bay with Horse Neck and the several out-Farms Necks Settlements and Plantations adjacent and the Island called the Two Brothers and Hullets Island The County of Suffolk to contain the several Towns of Huntington Smithfield Brookhaven Southampton Southold Easthampton to Montauk Point Shelters Island Isle of Wight Fishers Island and Plumb Island with the several Out-Farms Settlements and Plantations adjacent Dukes County to contain the Island of Mantucket Martins Vineyard Elizabeth Island and No Mans Land The County of Cornwall to contain Pemy Quid and all the Territories in those parts with the Islands adjacent An Act for the raising and paying one Hundred and Fifty Men to be forthwith raised for the Defence and Re-inforcement of Albany for six Moneths WHereas the Fronteers of Albany are in eminent danger to be lost being daily threatened to be invaded by the French their Majesties declared Enemies And forasmuch as the safety of this and all their Majesties Neighbouring Plantations doth only depend on having that place well secured and for the eâ—â—ctual doing thereof Application hath been made unto the Neighbouring Plantations but hath had no effect and there being now â—anâ— absolute necessity for the Re-inforcing of the Fronteers of this Province in the County of Albany as well for the securing their Majesties neighbouring Plantations as for the preserving the Indians and this Province Be it therefore Enacted by the Commander in chief and Council and Representatives convened in General Assembly and by the Authority of the same That the Commander in chief do raise one hundred and fifty Men with their proper Officers for the Reinforcement of the Fronteers of this Province in the County of Albany aforesaid which shall remain in the said County for the Defence thereof six Moneths to commence on the first day of November next and to end the first day of May then following And for the paying and maintaining the said one hundred and fifty men and their proper Officers Be it therefore Enacted by the Authority aforesaid That a Levy of fifteen Hundred Pounds currant Money of this Province be laid assessed raised and levied upon all and every of the Inhabitants Residents and Freeholders of and in this Province for the paying and maintaining of the said one hundred and fifty men and their proper Officers for six Months as aforesaid and for no other use intent or purpose whatsoever To be laid assessed raised levyed and paid to their Majesties Collector and Receiver General for the time being at their Majesties Custom-house in the City of New-York on the 25th day of March next ensuing which shall be in the Year of our Lord 1692. according to the Rates and Proportions following that is to say For the City and County of New-York Three Hundred Pounds For the City and County of Albany one hundred and thirty Pounds For the County of Westchester one hundred and five Pounds For the County of Richmond Ninety Pounds For the County of Vlster and Dutches County one hundred and eighty seven Pounds ten Shillings For the County of Suffolk two hundred and sixty two Pounds ten Shillings For Kings County one hundred ninety five Pounds For the County of Orange eleven pound five Shillings For Dukes County eighteen pound fifteen Shillings And be it further Enacted by the Authority aforesaid That for the better assessing raising paying the sum of one thousand five hundred Pounds aforesaid The Mayor and Aldermen in the City of New-York the Mayor and
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 Juâ—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
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 Annoque Domini 1691. At New-York Printed and Sold by William Bradford Printer to their Majesties King William Queen Mary 1694. A Table of the Contents of the Laws AN Act for Quieting and settling the Disorders that have lately happened within this Province and for the establishing and securing their Majesties present Government against the like Disorders for the future page 1. An Act for establishing Courts of Judicature page 2 64. An Act for the settling quieting and confirming unto the Cities Towns Mannors and Free-holders within this Province their several Grants Patents and Rights respectively page 6. An Act for the enabling each respective Town within this Province to regulate their Fences and High-ways and make prudential Orders for their Peace and orderly Improvements page 7. An Act for defraying the publick necessary Charges throughout this Province and for maintaining the Poor and preventing Vagabonds page 8. An Act for settling the Militia page 10. An Act declaring what are the Rights and Priviledges of their Majesties Subjects inhabiting within this Province of New-York page 15. An Act for the Allowance to the Representatives page 19. An Act to enable the City and County of Albany to defray their necessary Charge page 20. An Act for establishing a Revenue upon their Majesties for defraying the publick and necessary Charges of the Government page 21 58 80.84 An Act to enable his Excellency to defray his extraordinary Expence and to indemnifie the Collector for the Receipt of several Sums of Money on pretence of Customs page 26. An Act for raising two Thousand Pounds c. page 27. An Act to ease People that are scrupulous in Swearing page 30. An Act for Pardoning such as have been active in the late Disorders page 31. An Act for the regulating Damages done in the time of the late Disorders and for Vniting the Minds of their Majesties Subjects within this Province and for calling Home such of their Majesties Subjects that have lately absented themselves from their Habitations and usual places of Abode page 34 An Act to divide this Province and Dependencies into Shires and Counties page 39. An Act for the raising and paying 150 Men for the Defence of Albany page 40 An Act for the Regulating the Buildings Streets Lanes Wharffs Docks and Allyes of the City of New-York page 43. An Act for the raising 200 men for the Defence of Albany page 46 An Act for the destroying of Wolves page 52. An Act for the raising 220 Men with their Officers for the security of the Fronteers of this Province page 53 An Act for the raising and paying 80 Men in Ulster and Dutches County page 57 An Act for restraining and punishing Privateers and Pyrates An Act for granting their Majesties the Rate of one Penny per Pound upon all the Real and Personal Estates within the Province of New-York An Act for raising six Thousand Pound for the payment of 300 Volunteers for the Reinforcement of Albany c. An Act for settling Fairs and Markets on each respective County throughout the Province page 63 An Act for the Supervising Intestates Estates and regulating the Probate of Wills and granting Letters of Administration page 72 An Act for the Encouraging a Post-Office page 74. An Act for the satisfying and paying the Debts of the Government page 77 An Act for calling Long-Island the Island of Nassaw page 79 An Act for establishing certain Rates and Duties upon such Goods Wares and Merchandize as shall be brought unto their Majesties Beam in the Weigh-House at New-York page 80 An Act for settling a Ministry and raising a Maintenance for them page 81. An Act continuing the Revenue unto their Majesties five Years longer than the former Act page 84 A Catalogue of Fees established by the Governour and Council at the humble request of the Assembly An Act for the quieting and settling the Disorders that have lately happened within this Province and for the establishing and securing their Majesties present Government against the like Disorders for the future FOrasmuch as the Good and Quiet Ease Profit Benefit and Advantage of the Inhabitants within this Province doth chiefly consist in and altogether rely and depend upon their bearing true Faith and Allegianee unto their Majesties Crown of England which is and can only be the support and Defence of this Province And whereas the late hasty and inconsiderate Violation of the same by the setting up a Power over Their Majesties Subjects without Authority from the Crown of England hath vitiated and debauched the Minds of many People c. and hath also brought great Waste Trouble and Destruction upon the good People of this Province their Majesties Loyal Subjects For the Prevention whereof in time to come Be it therefore Enacted and Ordained by the Governour and Council and Representatives met in General Assembly And it is hereby Published Declared Enacted and Ordained by the Authority of the same That there can be no Power and Authority held and exercised over their Majesties Subjects in this their Province and Dominion but what must be derived from their Majesties their Heirs and Successors And we do hereby Recognize and Acknowledge That Their Majesties William and Mary are and as of Right they ought to be by the Laws of the Realm of England our Leige Lord and Lady KING and QUEEN of England France and Ireland and the Dominions thereunto belonging c. That thereby their Princely Persons are only invested with the Right to Rule this their Dominions and Province and that none ought or can have Power upon any Pretence whatsoever to use or exercise any Power over Their Subjects in this Province but by their Immediate Authority under Their Broad Seal of Their Realm of England as now established And be it further Enacted by the Authority aforesaid That whatsoever Person or Persons shall by any manner of way or upon any pretence whatsoever endeavour by Force of Arms or otherways to disturb the Peace Good and Quiet of this Their Majesties Government as it is how established shall be deemed and esteemed as Rebels and Traytors unto Their Majesties and incur the Pains Penalties and Forfeitures as the Laws of England have for such Offences made and provided An Act for Establishing Courts of Judicature for the Ease and Benefit of each respective City Town and County within this Province WHereas the orderly Regulation and the establishment of Courts of Justice throughout this Province as well in the respect of Time as Place doth tend very much to the Honour and Dignity of the Crown as well as to the Ease and Benefit of the Subject Be it Enacted by the Governour Council and Representatives convened in General Assembly and it is hereby Enacted and Ordained by the Authority of the same That every Justice of the Peace that refides within
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
to administer an Oath and give Judgment thereupon by Distress and Sale of the Offendors Goods and for want of Distress the said chief Officer is hereby impowered to commit such Offendors to the Goal there to remain until payment be made of the same And that in case the said chief Officer shall not perform his Duty therein he shall forseit ten Pounds to be lâ—vied by Warrant from the Captain General or Commander in chief for the time being Provided alwayes That this clause shall in no ways concern or extend to any Captain or Officer of any of his Majesties Ships of War for their firing at setting of the Watch. Provided alwayes and it is hereby further Enacted and Declared by the Authority aforesaid That all Trumpeters and Drummers lately in service or that shall by the several Captains be put into that service during the Captains pleasure shall serve upon the Sallary of forty Shillings per annum for a Trumpeter and twenty Shillings per annum for a Drummer finding their Trumpet and Drum and twenty Shillings for a Trumpeter and ten Shillings for Drummer if the Captain find them upon Penalty of forty Shillings Provided alwayes and it is hereby Enacted and Declared That all the Members of Their Majesties Council Justices of the Peace Sheriffs Coroners and all other Officers of Courts Ministers School-Masters Physitians and Chyrurgions shall be free from being listed in any Troop or Company within this Province any thing contained herein to the contrary in any wise notwithstanding An Act declaring what are the Rights Priviledges of Their Majesties Subjects inhabiting within Their Province of New-York FOrasmuch as the Representatives of this their Majesties Province of New-York now convened in General Assembly are deeply sensible of their Majesties most gracious Favour in restoring to them the undoubted Rights and Priviledges of English-men by declaring Their Royal Will and Pleasure in their Letters Patents to his Excellency who they have appointed their Captain General and Governour in chief over this their Province That he should with the Consent of Their Council from Time to Time as need shall require to summon and call General Assemblies of the Inhabitants being Free-holders acâ—ording to the Vsage of Their Majesties other Plantations in America And that this most excellent Constitution so necessary and so much esteemed by our Ancestors may ever continue unto Their Majesties Subjects within this Their Province of New-York The Representatives of this Their Majesties Province convened in General Assembly do with all Duty and Submission humbly pray That the Rights Liberties Priviledges and Franchises according to the Laws and Statutes of their Majesties Realm of England may be confirmed unto Their Majesties most Dutiful and Loyal Subjects inhabiting within this their Province of New-York by Authority of this General Assembly Be it Enacted by the Governour and Council and Representatives met in General Assembly and it is hereby Enacted and Declared by the Authority of the same That the Supream Legislative Power and Authority under Their Majesties William and Mary King and Queen of England c. shall forever be and reside in a Governour in Chief and Council appointed by Their Majesties their Heirs and Successors and the People by their Representatives met and convened in General Assembly That the Exercise and Administration of the Government over the said Province shall pursuant to Their Majesties Letters Patents be in the said Governour in Chief and Council with whose Advice and Consent or with at least five of them he is to Rule and Govern the same according to the Laws thereof and for any defect therein according to the Laws of England and not otherwise That in case the Governour in Chief should dye or be absent out of this Province and that there be no Person within the said Province commssionated by Their Majesties Their Heirs or Successors to be Governour or Commander in chief That then the Council for the time being or so many of them as are in the said Province do take upon them the Administration of the Government and the Execution of the Laws thereof and Powers and Authorities belonging to the Governour in chief and Council the first in Nomination in which Council is to preside until the said Governour shall return and arrive in the said Province again or the pleasure of their Majesties their Heirs and Successors be further known That for the good Government and Rule of their Majesties Subjects a Session of a General Assembly be held in this Province once every Year That every Free-holder within this Province and Free-man in any Corporation shall have his free choice and Vote in the Electing of the Representatives without any manner of constraint or imposition And that in all Elections the majority of Votes shall carry it And by Free-holders is to be understood every one who shall have forty Shillings per annum in Free-hold That the Persons to be elected to sit as Representatives in the General Assembly from time to time for the several Cities Towns Counties Shires Divisions or Mannors of this Province and all places within the same shall be according to the Proportion and Number hereafter expressed That is to say For the City and County of New-York Four For the County of Suffolk Two For Queens County Two For Kings County Two For the County of Richmond Two For the County of Westchester Two For the County of Vlster Two For the City and County of Albany Two For the Collony of Ranslaeâ—wick One. And for Dukes County Two And as many more as their Majesties their Heirs and Successors shall think fit to establish That all Persons chosen and assembled in manner aforesaid or the major part of them shall be deemed and accounted the Representatives of this Province in General Assembly That the Representatives convened in General Assembly may appoint their own Times of meeting during their Sessions and may adjourn their House from time to time as to them shall seem meet and convenient That the said Representatives as aforesaid convened are the sole Judges of the Qualifications of their own Members and likewise of all Under-Elections and may from time to time purge their House as they shall see occasion That no Member of the General Assembly or their Servants during the time of their Sessions and whilst they shall be going to and returning from the said Assembly shall be arrested sued imprisoned or any way molested or troubled nor be compelled to make answer to any Suit Bill Plaint Declaration or otherwise cases of High-Treason and Fellony only excepted That all Bills agreed upon by the said Representatives or the major part of them shall be presented unto the Governour and Council for their approbation and consent All and every which said Bills so approved of and consented to by the Governour and Council shall be esteemed and accounted the Laws of this Province Which said Laws shall continue and remain in force until they be disallowed by their Majesties
their Heirs or Successors or expire by their own Limitation That in all cases of Death or absence of any of the said Representatives the Governour for the time being shall issue out a Writ of Summons to the respective Cities Towns Counties Divisions or Mannors for which he or they so deceased or absent were chosen Willing and Requiring the Free-holders of the same to elect others in their place and stead That no Free-man shall be taken or imprisoned or be deprived of his Free-hold or Liberty or free Customs or Out-Lawed or Exiled or any other wayes destroyed nor shall be passed upon adjudged or condemned but by the lawful Judgment of his Peers and by the Law of this Province Justice nor Right shall be neither Sold Denyed or Delayed to any Person within this Province That no Aid Tax Talliage or Custom Loan Benevolence Gift Excise Duty or Imposition whatsoever shall be laid assessed imposed levied or required of or on any of Their Majesties Subjects within this Province c. or their Estates upon any manner of Colour or Pretence whatsoever but by the Act and Consent of the Governour and Council and Representatives of the People in General Assembly met and convened That no Man of what Estate or Condition soever shall be put out of his Lands Tenements nor taken nor imprisoned nor disinherited nor banished nor any ways destroyed or molested without first being brought to answer by due course of Law That a Free-man shall not be amerced for a small Fault but after the manner of his Fault and for a great Fault after the greatness thereof saving to him his Free-hold and a Husband-man saving to him his Wainage and a Merchant saving to him his Merchandize and none of these Amercements shall be assessed but by the Oath of Twelve Honest and Lawful men of the Vicinage Provided the Faults and Misdemeanours be not in Contempt of Courts of Judicature All Tryals shall be by the Verdict of Twelve Men and as near as may be Peers or Equals and of the Neighbourhood of the place where the fact shall arise or grow whether the same be by Indictments Declaration Information or otherwayes against the Person Offender or Defendant That in all Cases Capital and Criminal there shall be a grand Inquest who shall first present the Offence and then Twelve Good Men of the Neighbourhood to Try the Offender who after his Plea to the Indictment shall be allowed his reasonable Challanges That in all Cases whatsoever Bayl by sufficient Sureties shall be allowed and taken unless for Treason and Fellony plainly and specially expressed and mentioned in the Warrant of Commitment and that the Fellony be such as is restrained from Bayl by the Laws of England That no Free-man shall be compelled to receive any Souldiers or Marriners except Inholders and other Houses of publick Entertainment who are to quarter for ready Money into his House and there suffer them to sojourn again their Wills provided it be not in time of actual War within this Province That no Commission for proceeding by Martial Law against any of Their Majesties Subjects within this Province c. shall issue forth to any Person or Persons whatsoever least by colour of them any of their Majesties Subjects be dèstroyed or put to Death except all such Officers and Souldiers that are in Garrison and in pay during the time of actual War That all the Lands within this Province shall be esteemed and accounted Lands of Free-hold and Inheritance in free and common Soccage according to the Tenor of East-Greenwich in their Majesties Realm of England That no Estate of a Feme Covert shall be sold or conveyed but by Deed acknowledged by her in some Court of Record the Woman being secretly examined if she doth it freely without threats or compulsion of her Husband That all Wills in Writing attested by three or more credible Witnesses shall be of the same force to convey Lands as other Conveyances being proved and Registered in the proper Offices in each County within days after the Testators Death That all Lands and Heritages within this Province and Dependencies shall be free from all Fines Lisences upon Alienations and from all Heriots Wardships Liveries Primiers Seizins Year and Day and Waste Escheat and Forfeiture upon the Death of Parents and Ancestors Natural Unnatural Casual or Judicial and that forever Cases of High-Treason only excepted That no Person of what Degree or Condition soever throughout this Province chosen appointed or commissionated to officiate or execute any Office or Place Civil or Military within this Province c. shall be capable in the Law to take upon him the charge of such Place before he hath first taken the Oathes appointed by Act of Parliament to be taken in lieu of the Oathes of Supremacy and Allegiance and subscribe the Test That no Person or Persons which profess Faith in God by Jesus Christ his only Son shall at any time be any way molested punished disturbed disquieted or called in question for any Difference in Opinion or matter of Religious Concornment who do not under that pretence disturb the Civil Peace of the Province c. And that all and every such Person and Persons may from time to time and at all times hereafter freely have and fully enjoy his or their Opinion Perswasions and Judgments in matters of Conscience and Religion throughout all this Province and freely meet at convenient Places within this Province and there Worship according to their respective Perswasions without being hindered or molested they behaving themselves peaceably quietly modestly and Religiously and not using this Liberty to Licentiousness nor to the civil Injury or outward Disturbance of others Alwayes provided That nothing herein mentoined or contained shall extend to give Liberty to any Persons of the Romish Religion to exercise their manner of Worship contrary to the Laws and Statures of their Majesties Kingdom of England An Act for the Allowance to the Representatives WHereas the several Representatives of the Assembly cannot officiate and discharge that honourable and great Trust reposed in them without being at great Charge and Expence Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly and it is hereby Enacted by the Authority of the same That the Wages or the Allowance to each Representative of the People shall be Ten shillings currant Money of this Province per Diem to commence from their coming out till their return Home Alwayes provided it shall not exceed eight dayes before the meeting of the Assembly and eight dayes after their adjourning proroguing or dissolving of the same And be it further Enacted by the Authority aforesaid That each respective City and County throughout this Province shall bear and defray the Charge of their own Representatives which Charge or Allowance as aforesaid shall be paid to the respective Representatives by the Treasurer of each respective City and County by warrant under the Hand and Seal
Plaint or Information wherein no Essoyn Protection or Wager of Law shall be allowed And also all such Goods as shall be Landed without Entry made as aforesaid shall be in like manner forfeited one Third unto their Majesties one Third to be Governour and one Third to the Informer to be sued as aforesaid And be it further Enacted by the Authority aforesaid That all Masters of Ships or Vessels that are within this Province and do not belong unto the same or any part thereof and bound to any Port within or without this Province shall before they take any Merchandize above expressed come to such place or places as shall be appointed for the collecting the Rates and Duties established by this Act and there make Entry and Report of their Design and enter into Bond to the value of One Thousand Pounds currant Money of New York with sufficient Sureties That they shall not take on Board directly or indirectly any Goods or Merchandize afore recited and expressed without such Permit or Certificate from the Collector or any having Authority under him for the same And if they do take on Board any Goods or Merchandize afore recited and expressed contrary to the true intent and meaning o f this Act then they shall forfeit their said Bond to be sued within three Months after such Fact committed or otherwise to be void and of no force and virtue And all Masters of Ships Sloops Boats or any other Vessel belonging to this Province and its Dependencies shall once in the Year repair to the Custom-House or to other place or places that shall be appointed for that purpose and there enter into Bond to the value of One Hundred Pounds currant Money aforesaid That they shall not directly or indirectly take on Board and carry away out of this Province any of the aforesaid Goods and Merchandize without first making Entry thereof and paying such Rates and Duties as are before recited and expressed And if they do take on Board any of the aforesaid Goods or Merchandize without making Entry thereof or paying the Rates and Duties aforesaid then the said Bond shall be forfeited And for the due and orderly collecting of all Duties of Excise hereby given and granted Be it further Enacted by the Authority aforesaid That all Retailers of Wine Rum Brandy or any other from Liquors within this Province or Dependencies shall upon their purchase and receipt of all such Liquor or Liquors before expressed and Exciseable come to the Office or Offices of the Excise and there or with him make Entry of all such Liquor or Liquors as they shall buy or receive and pay such Duties as are hereby appointed within twenty four Hours or at such convenient time as the Officer of the Excise shall appoint And on Default thereof all such Liquors as shall be found in any Retailers House or Ware-house Celler or other place belonging unto him within this Province or Dependencies and have not been duely entred and paid the Duties and Excise as aforesaid Then and in such case upon the Testimony of two Evidences before any Justice of the Peace within this Province and Dependencies the said Retailer or Retailers so offending in the Premises shall forfeit all such Liquors and three times the value thereof one third to their Majesties one third to the Governour and one third to the Informer who shall prosecute the same before any Justice of the Peace throughout this Province and Dependencies who are hereby Authorized and Impowered to hear and determine the same and if need be to issue out their Warrant for the seizing and condemning of all such Liquor forfeited as aforesaid and for committing to Goal all such Retailers of Liquors who have not entered and paid the Duties of Excise in manner aforesaid there to remain without Bail or Mainprize until they shall satisfie and make payment of three times the Value of such Liquors seized and forfeited as aforesaid And be it further Enacted by the Authority aforesaid That if any Person or Persons within this Province and Dependencies not being duely Lisenced shall at any time hereafter presume to sell by Retail any the Liquors aforesaid that is to say a less Quantity at one time than five Gallons the Person so offending shall forfeit and pay the sum of Five Pounds currant Money aforesaid for every such Offence being thereof convict by the Oath of two or more Evidences to be sued as aforesaid before any Justice of the Peace throughout the Province and to be imployed in such manner and proportion as aforesaid Alwayes provided and it is the true intent and meaning of this Act That no Retailers of Liquors under five Gallons or any other that sell any Liquor or strong Liquors shall take any such Liquor into their Houses Cellers or Ware-houses or into any other place belonging unto them in New-York and Albany but by the hands of the sworn Porters under the Penalty aforesaid to be sued and recovered for the Uses aforesaid in manner and form as aforesaid Alwayes provided and it is hereby understood that there shall no Duty be paid nor Forfeiture upon any Goods or Merchandize that are not landed within this Province and Dependencies Alwayes provided That all Merchants qualified to Trade by the Acts of Navigation and Regulating the Plantation Trade coming into this Province or any part thereof be well and honestly treated and demeaned for such things as by this Act is granted without Oppression to be done to them paying the Duties aforesaid An Act for the Establishing Courts of Judicature for the ease and benefit of each respective City Town and County within this Province WHereas the Act for settling Courts of Judicature within this Province doth expire by its own Limitation in April next And whereas the orderly Regulation and the Establishment of Courts of Justice throughout this Province as well in respect of Time as Place doth tend very much to the Honour and Dignity of the Crown as well as to the Ease and Benefit of the Subject Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly and it is hereby Enacted and Ordained by the Authority of the same That every Justice of the Peace that resides within any Town or County within this Province are hereby fully impowered and authorized to have Cognizance of all Causes Cases of Debt and Trespass to the Value of Forty Shillings or under which Causos and Cases shall be heard tryed and finally determined without a Jury by every Justice of the Peace that resides within any Town or County within this Province c. he taking unto his Assistance at the time of his hearing and determining such Causes or Cases of Debt and Trespass to the value of Forty Shillings or under one of the Free-holders of the Town and Place where the Causes 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 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
Cheese the same Starch the same both exported and imported also Tallow three pence exported Ginger the same Hops the same Dry Fish two pence the same Brimstone two pence the same imported Rozen two pence the same exported only Cordage three pence the same Grocery Ware two pence the same Bread one penny the same Flower the same Pitch two pence the same And that all broken Weights shall pay in proportion accordingly And be it further Enacted by the Authority aforesaid That all other species of Goods Wares and Merchandizes that are not herein named and expressed shall voluntarily be brought by any Person or Persons within the same to be weighed as aforesaid shall for such their weighing pay after the Rates and Duties hereby established and not otherwise And for the better collecting and paying the Rates and Duties aforesaid Be it further Enacted by the Authority aforesaid That all such Person or Persons that from and after the time aforesaid That shall import to or export from this City or shall buy sell barter or exchange within the same any the Goods Wares and Merchandizes afore-mentioned enumerated and expressed without bringing the same unto their Majesties Beam aforesaid and there answer and pay the Rates and Duties hereby established as aforesaid shall then and for so often as he or they shall neglect or refuse to do the same pay or forfeit unto their said Majesties the sum of two Shillings and six Pence currant Money aforesaid for each Handred weight of such Goods Wares and Merchandizes as aforesaid that shall be denyed or refused to be weighed as aforesaid to be recovered before any Justice of the Peace within the said City or in any Court within the same by Bill Plaint or Information one half unto their Majesties their Heirs and Successors and the other half to the Informer or Prosecutor who shall sue for the same together with costs of Prosecution Provided alwayes That the Regulation nor any part thereof shall not extend to compell any Free-holder within this Province to bring his Goods to be weighed who shall swear upon the holy Evangelist bona fidae That all such Goods exported or imported are his own proper Estate and that no other Person hath directly or indirectly any Interest therein but that they are exported or imported upon his own proper Account and Risco Which if such a Person shall be found falsly to swear in the Premises shall be prosecuted against as one convict of willfull Perjury And that the Collector or such Person as he shall appoint shall be impowered to administer such an Oath Acts passed in the sixth Sessions of General Assembly begun the 12th of September 1693. An Act for settling a Ministry raising a Maintenance for them in the City of New-York County of Richmond Westchester and Queens County WHereas Prophaneness Liscentiousness hath of late over-spread this Province for want of a settled Ministry throughout the same To the end the same may be removed and the Ordinances of God daily administred Be it Enacted by the Governor Council and Representatives convened in General Assembly and by the Authority of the same That in each of the respective Cities and Counties hereafter mentioned expressed there shall be called inducted and established a good sufficient Protestant Minister to officiate and have the care of Souls within one year next and after the publication hereof That is to say In the City of New-York One in the County of Rìchmond one in the County of Westchester two one to have the care of Westchester Eastchester Yeanches and the Mannor of Pellham the other to have the care of Rye Manerenock and Bedford in Queens County two one to have the care of Jamaica and the adjacent Towns Farms the other to have the care of Hempsted and the next adjacent Towns and Farms And for their respective Encouragement Be it further Enacted by the Authority aforesaid That there shall be annually and once in every Year in every of the respective Cities and Counties aforesaid assessed levyed collected and paid for the maintenance of each of their respective Ministers the respective sums hereafter mentioned that is to say For the City County of New-York One Hundred Pounds for the two Precincts of Westchester one hundred Pounds to each fifty Pound to be paid in Country Produce at Money price For the County of Richmond forty Pound in Country Produce at Money price And for the two Precincts of Queens County one hundred and twenty Pounds to each sixty Pound in Country Produce at Money price And for the more orderly raising the respective Maintenances for the Ministers aforesaid Be it further Enacted by the Authority aforesaid That the respective Justices of every City and County aforesaid or any two of them shall every year issue out their Warrants to the Constables to summon the Free-holders of every City County Precinct aforesaid together on the 2d Tuesday in January for the chusing of ten Vestry-men two Church-Wardens the said Justices and Vestry men or major part of them are hereby impowered within ten days after the said day or any day after as to them shall seem convenient to lay a reasonable Tax on the said respective Cities County Parish or Precinct for the Maintenance of the Minister and Poor of their respective places And if they shall neglect to issue their Warrants so as the Election be not made that day they shall respectively forfeit five Pound currant Money of this Province And in case the said Free-holders duely summoned as aforesaid shall not appear or appearing do not chuse the said ten Vestry-men to Church-Wardens that then in their default the said Justices shall within ten days after the said second Tuesday or in any day after as to them shall seem convenient lay the said reasonable Tax on the said respective places for the respective Maintenances aforesaid And if the said Justices Vestry-men shall neglect their Duty herein they shall respectively forfeit five Pound currant Money aforesaid And be it further Enacted by the Authority aforesaid That such of the Justices and Vestry-men that shall not be present at the time appointed to make the said Tax and thereof be convicted by a Certificate under the hands of such as do appear have no sufficient Excuse for the same shall respectively forfeit five Pound currant Money aforesaid And a Roll of the said Tax so made shall be delivered into the hands of the respective Constables of the said Cities Counties Parishes and Precincts with a Warrant signed by any two Justices of the Peace impowering him or them to levy the said Tax and upon refusal to distrain and sell by publick Out-cry and pay the same into the hands of the Church-Wardens retaining to himself 12 d. per Pound for levying thereof And if any Person shall refuse to pay what he is so assessed and the said Constables do strain for the same all his Charges shall be paid
shall be Justices of the Peace do within six Months after 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 among themselves and shall there order That the Assessors and Collectors for the several and respective Cities Towns Mannours and Liberties within their several Jurisdictions for the assessing collecting and receiving of the Publick Rates for the defraying of the Publick and Necessary Charge of each respective City and County aforesaid be the Assessors and Collectors for the assessing collecting and receiving the Rate of â—ne Penny per Pound as aforesaid as to the said Mayors and Aldermâ—n and Justices of the Peace shall seâ—m meet and reasonable And forasmuch as there are several Mannors and Jurisdictions within the respective Counties aforesaid who neglect and do not elect annually or once every year Assessors and Collectors whereby the intent of this Act may be frustrated Be it therefore Enacted by the Authority aforesaid That if the respective Mannours and Jurisdictions within the several Counties aforesaid shall refuse or neglect to elect Assessors and Collectors for the assessing their respective Mannours and 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 of the County where such Mannours or Jurisdictions are Are hereby impowered and authorized to nominate and appoint Assessors and Collectors for such Mannors and Jurisdictions as shall neglect and 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 wise notwithstanding And be it further enacted by the Authority aforesaid That the said Mayors 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 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 and Collectors shall deny neglect or unequally or 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 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 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 ratify 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 Oâ—ners 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 Alderman or Justice of the Peace within this Province who are hereby Required Impowered and â—uthoâ—ized 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 Duties Powers and Authorities by this Act required and impowered by him or them to be done performed fullfilled or executed and shall thereof be convicted before his Excellency the Governour and Captain General 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 direction of the said Governor and Captain General 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 presented 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-suitâ—d or forbear further Prosecution oâ— suâ—fer Dâ—scontinuance or Virdicâ— to pass against him the Dâ—fendant and Defendants shall recover Tâ—ibble Costs for which they shâ—â—l have the like Remedy as in case where Costs by the Law are given to Defendants Provided alwayes That no Mayor Alderman or Justice of the Peace shall be troubled sued 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 any time hereafter any thing contained herein to the contrary thereof in any wise notwithstanding Always 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 respective Sums assessed as aforesaid at the Time and Days aforesaid in Currant Money at New-York or for want thereof in good sufficient and merchantable Provisions at the currant Market Price FINIS Anno Regni Gulielmi Mariae REGIS REGINAE Angliae Scotiae Franciae Hiberniae QUINTO The 10th of April Anno Domini 1693. An Act for raising six Thousand Pound for the payment of three Hundred Volunteers and their Officers to be imployed in the Re-inforcement of the Frontiers of this Prâ—vâ—nce at Albany from the first of May next to the first of May then next following in the Year of our Lord 1694. WHereas upon the first day of May next the time doth expire wherein the Forces lately raised for the