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

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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 said 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 respestive 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 Colle●tor 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 vi●tue 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 Clause therein be duely 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 whereas there hath been great neglect in the Justices of the Peace Collectors and Assessors who have delayed executing their respective Duties according to the true intent and meaning of the former Acts made in several Sessions of this present Assembly For the prevention of the like for the future Be it further Enacted by the Authority aforesaid That if any of the respective Cities and Counties aforesaid shall refus● neglect or delay to have their respective Quota or Proportion of Men at the City of New-York or at the City of Albany on or before the 20th day of May now next ensuing pursuant to the Warrant directed to them from the Commander in chief as aforesaid And also if any of the respective Cities and Counties aforesaid shall refuse delay or neglect to make payment of the several respective Sums or Proportions of Money by them respectively to be paid as aforesaid at the time and place above mentioned and appointed That then and for every day after the said day afore-mentioned and appointed for the payment thereof or untill the whole Sums and Proportions of each respective City and County shall be fully paid and satisfied such City and County or Counties that shall be defective therein shall each and every of them forfeit and pay for the intent aforesaid the farther Sum of five Pounds ●urrant Money aforesaid for each dayes default or neglect of having their quota of Men or Payment of their respective Proportions at the times appointed And for the enabling the Commander in chief to borrow Money or to agree for Provisions for the maintaining of the two Companies aforesaid that the purposes of this Act may be truly attended and executed Be it Enacted by the Authority aforesaid That it shall and may be lawful for any Person or Persons to advance lend to the Commander in chief c. upon the Credit of this Act any Sum or Sums of Money not exceeding the Sum of 700 l. and to have and receive for the forbearance of all such Money as shall be lent Interest not exceeding the Rate of Ten per Cent. per Annum And to the end that all Monyes and Provisions which shall be so lent unto the Commander in chief c. may be well and sufficiently secured out of the Moneys arising and payable by this Act with the Interest for the same not exceeding Ten per Cent. per Annum as aforesaid Be it further Enacted by the Authority aforesaid That their M●jesties Collector and Receiver General for the time being shall seperate and keep apart all the Money arising by the Rates Proportions hereby granted as the same shall arise and be paid unto him by the Receivers or Collectors of the same or by any other Person whatsoever
keeping a perfect and distinct Account as the same shall come in Which Sum or Sums of Money so by him received as aforesaid shall not be seperated or paid unto any other Person or Persons whatsoever but unto such as shall lend any Money to the Commander in chief c. upon the Credit of this Act who shall immediately have a Warrant and an Order for the Repayment bearing the same date in which he paid his Money wherein shall likewise be contained the Interest for forbearance and that all Orders for Re-payment shall be Registered in course according to the date of the Warrant respectively without preference of one before another And that all and every Person or Persons shall be paid in course according as their Orders shall stand Registered or entred and that the Money to come in by this Act shall be in the same Order lyable to the satisfaction of the said respective Parties their Executors Administrators or Assigns successively without preference of one before another and not otherwise and not to be divertible to any o●her use intent or purpose whatsoever And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint or Information shall be brought moved or presented at any time hereafter against any Person or Persons for any matter cause or thing done or acted in pursuance or execution of this Act such Person or Persons so sued or prosecuted in any Court whatsoever shall and may plead the general Issue Not Guilty and give this Act and the special matter in Evidence and if the Plantiff or Prosecutor shall be non-suited or forbear further Prosecution or su●fer Discontinuance or Verdict to pass against him the Defendant or Defendors shall have trible Costs for which they shall have like liberty as in case where Costs by Law are given to Defendants Provided alwayes That no Mayor Aldermen or Justices of the Peace shall be troubled sued prosecuted or molested for any omission offence or neglect by virtue of this Act but within the space of one year after such omission offence or neglect and not at any time thereafter any thing herein contained to the contrary hereof in any wise notwithstanding Alwayes provided and be it further Enacted by the Authority aforesaid That the several Collectors of each respective City and County as aforesaid shall have the liberty to pay the several and respective sums assessed as aforesaid at the day aforementioned in Silver Money or for want thereof in good sufficient and merchantable Provisions at the currant Market Price in Silver Money at New-York any thing contained herein to the contrary hereof in any ways notwithstanding An Act for the destroying of Wolves BE it Enacted by the Commander in chief and Council and Representatives couvened in General Assembly and by the Authority of the same That for the destroying of Wolves who have lately increased very much to the great discouragement of Pasturage and encrease of Sheep and Cattle That whatsoever Christian shall kill a grown Wolf upon Long-Island or Staten-Island he shall have for each Wolf that shall be killed twenty Shillings to be paid out of the publick Treasury of each respective County where the Wolf shall be killed and for a Wolf Whelp above half a year old there shall be paid as aforesaid ten shillings And whatsoever Indian shall in like manner kill any Wolf shall have for his Reward one Matchcoat or twelve Shillings and for a Wolf Whelp five Shillings to be paid him as aforesaid And if any other County in the Province have a mind to encourage the destroying of Wolves they shall do it in such manner and way as to them shall seem meet And the Justices of the Peace and other Officers of the respective Counties aforesaid shall take effectual care to see this Act and every clause therein duely executed accordingly Acts passed in the fourth Sessions of the General Assembly begun in the City of New-York the 14 day of August Annoque Dom. 1692. in the 4th Year of their Majesties Reign King William and Queen Mary under the Government of his Excellency Benjamin Eletcher Esq Captain General and Governour in chief in and over their Majesties Province of New-York and Territories thereon depending in America An Act for the raising and pay two hundred and twenty Men with their proper Officers together with the incidental Charges that shall arise thereon for the Re-inforcement and Security of the Fronteers of this Province at Albany for 7 Months WHereas the Levys appointed for the Defence of the Fronteers of this Province at Albany do expire on the first day of October next and that it is absolutely necessary that there should be continued at that place a considerable Force for the ecurity of this Province as well as for the necessary Defence of their Majesties Neighbouring Plantations Be it therefore Enacted by the Governour Council and Representatives convened in General Assembly and by the Authority of the same That his Excellency the Captain General do immediately upon the Publication hereof issue out his Warrants under his Hand and Seal to the several and respective Military Officers of the several and respective Counties hereafter named for the raising of 220 men well provided with Arms to be peremptorily at Albany on the first day of October next ensuing and there to continue and remain for the Reinforcement and Security of this Province for the term and space of seven Kalender Moneths to commence on the said first day of October and to expire on the first day of May then next ensuing in such quota's and proportions in each respective County as is hereafter specified and expressed to wit For the City and County of New-York sixty effective men For the County of Westchester twenty five effective men For the County of Richmond ten effective men For Kings County thirty four effective men For Queens County forty four effective men For the County of Suffolk forty five effective men For the County of Orange two effective men And be it further Enacted by the Authority aforesaid That if any of the respective Military Officers in the respective Counties aforesaid shall after the Receipt of the Warrants from the Captain General in manner aforesaid fail neglect refuse or delay to execute the said Warrants according to the true intent and meaning thereof shall for such their failure or neglect refusal or delay answer the same before the Captain General or such other Officers as he shall appoint and there suffer such Mulets Pains and Punishment as by the Captain General shall be thought convenient according to the Laws and Articles of War in that case made and provided in their Majesties Realm of England any thing contained herein or any other Law to the contrary hereof in any wayes notwithstanding And for the paying and maintaining the said two hundred twenty men and their proper Officers Be it further Enacted by the Authority aforesaid That a Levy of two Thousand eight Hundred and
shall forever be barred their Claim And upon any future Peosecution the Defendants may plead the general Issue and give this Act and the special matter in Evidence and if the Plantiff shall become Non-suit or forbear further Prosecution or suffer Discontinuance or if Verdict pass against him the said Defendant shall recover his double Costs for which he shall have the like remedy as in case where Costs by Law are given to Defendants And all Person or Persons that are out of the Province at the Publication hereof and have been wronged or injured in manner aforesaid shall within one Year after the Publication hereof give in their Claim and Demand as aforesaid otherwise shall forever be barred their Claims and be under the Restriction of this Law to all intents and purposes as aforesaid Alwayes provided and be it further Enacted by the Authority aforesaid That if any Person or Persons that have offended in manner aforesaid and have been personally summoned or had a Summons left in Writing at their Habitations or usual places of their Abode and do not appear to make their Defence or show some lawful cause why they could not appear shall be deemed and esteemed as Defaulters and Sentence and Decree shall pass upon them on default accordingly and Executions issue thereupon as aforesaid And be it further Enacted by the Authority aforesaid That the Commissioners hereafter named for the putting this Act in Execution shall be commissionated under the Seal of this Province And there is hereby nominated constituted and appointed for the Execution of this Act and the Clauses therein contained For the City and County of New-York Capt. Jacobus van Courtland Peter Jacobus Marius Lawrance Read Thomas Coderington and Adolph Phillips Esqrs or any three of them whereof Jacob van Courtland is to be one For the City and County of Albany Peter Schuyler Martin Gerrets Albertus Rykman Henrick Ranster and Gerret Rereson Esqrs or any three of them whereof Peter Schuyler is to be one For the County of Vlster Thomas Garton Tyneljck William L●●● William Haynes Wessel Tynbrook Esqrs or any three of them whereof Thomas Garton is to be one For the County of Richmond Elias Duxberry Dennis Tenison Andrew Cannon Abraham Lackman John Shadweell Esqrs or any th●●e of them whereof Elias Duxberry is to be one For the County of Westchester John Palmer John Hunt John Drake Joseph Theal Johnathan Hart Esqrs or any three of them whereof John Palmer is to be one For Kings County Jaques Cortilew John Tennison Nicholas Stillwell Lucas Stevinson Joseph Hegmen Esqrs or any three of them whereof Jaques Cortilew to be one And for Queens County John Robinson Nathaniel Pierson James Clements William Hallet jun. Johnathan Smith Esqrs or any three of them whereof John Robinson is to be one Provided alwayes That in case of Death it shall be in the Power of the Commander in Chief and Council to nominate and appoint other Commissioners instead of the Commissioners deceased at their own discretion Which said Commissioners so as aforesaid nominated and appointed or in case of Death to be nominated and appointed shall in the respective Cities and Counties respectively meet together and perform the several Powers Authorities and Directions in and by this said Act given and appointed For the true and faithful Execution thereof they shall at the time they receive their Commission take this following Oath Viz. YOV shall Swear That you to your Cunning Wit and Power shall truly and indifferently execute the Powers and Authorities given you by this Commission and Act of Assembly without any Favour Affection Corruption Dread or Malice to be born to any manner of Person or Persons And as the case shall require ye shall consent and endeavour your self for your part to the best of your knowledge to the assessing and taxing the Damage of such Claims and Suits that shall be brought before you according to Truth Equity and the Evidence given you and in such due and equal Proportions as in good Conscience shall seem meet unto you and the same Powers and Authorities to your Cunning Wit and Power cause to be put in due Execution without Favour Dread Malice or Affection So help you God Alwayes provided and be it hereby further Enacted by the Authority aforesaid That in case of Error any Person or Persons shall have Liberty to make his or their Appeal unto the Governour and Council Provided the Value appealed for exceed the sum of one hundred Pounds and that Security be first given by the Appellant to answer such Charges as shall be awarded in case the first Sentence or Decree be affirmed And in regard some Persons have commenced and prosecuted and threaten to commence and prosecute Actions and Suits against such of their Majesties Subjects for and by reason of their acting and doing as aforesaid Therefore for the preventing the Trouble and Charges which the said Subjects might he put to by means of such Suits Be it therefore Enacted by the Authority aforesaid That all Personal Actions Suits Molestations Prosecutions whatsoever and Judgments and Executions had thereupon if any be for or by reason of any of the Premises are and be hereby discharged and made void And if any Action or Suit declared or intended to be discharged shall be commenced or prosecuted in any other Court or after any other manner than what is declared and appointed by this Act then every Person so sued may plead the general Issue and give this Act and the special matter in Evindence And if the Plantiff shall become Non-suit or forbear further Prosecution or suffer Discontinuance or if a Verdict pass against him the said Defendant shall recover his double Costs for which he shall have the like Renledy as in case where Costs by Law are given to Defendants And since it is the general Peace of this Government and the good ease and benefit of all their Majesties Subjects inhabiting within the same that is only intended by this Act Be it therefore Enacted by the Authority aforesaid That all Judges and Justices of their Majesties Courts of Records and all Mayors and Aldermen of the respective Cities and all Sheriffs Clarks and other Officers within this Province do take notice of the said Act and see the same truly executed according to the Powers Authorities and Clauses therein contained any thing contained herein or in any other Law to the contrary hereof in any wayes notwithstanding And that all their Majestes Subjects concerned in the Premises and who for these causes have absented themselves from the usual places of their Abode or have with-drawn themselves out of this Province may have all their causless fears removed and fully enjoy all the Benefits Priviledges and Advantages intended them by this Act Be it therefore further Enacted by the Authority aforesaid That all and every of such Persons concerned in the Premises as aforesaid do within forty days after the Publication hereof return and repair to their
Aldermen within the City of Albany with the Justices of the Peace for the City and County of Albany for the time being and the Justices of the Peace for the time being for the several respective Counties aforesaid for the several Counties respectively for the which they shall be Justices of the Peace do within forty dayes after the publication hereof assemble and meet together in the Court Houses for the several respective Cities and Counties or such other place or places as they shall agree upon among themselves and shall there order that the Assessors and Collectors for the several respective Cities Towns Mannors or Liberties within their several Jurisdictions for the assessing collecting and receiving of the publick Rates for the detraying of the publick Charge of each respective City and County aforesaid be the Assessors and Collectors for the assessing collecting or receiving the sum or sums of Money herein before mentioned according to the Proportions before expressed as to the said Mayors Aldermen and Justices shall seem meet and reasonable And forasmuch as there are several Mannors and Ju●isdictions within the respective Counties aforesaid who neglect or do not elect annually or once every year Assessors or Collectors whereby the intent of this Act may be frustrated Be it therefore Enacted by the Authority aforesaid That if the respective Mannors Jurisdictions within the several Counties aforesaid shall refuse or neglect to elect Assessors and Collectors for assessing of their respective Mannors or Jurisdictions and for the collecting the same according to the intent and direction of this Act then and in such case the Justices of the Peace in the Counties where such Mannors or Jurisdictions are are hereby impowered and authorized to nominate and appoint Assessors and Collectors for such Mannors or Jurisdictions as shall neglect or refuse as aforesaid Which Assessors and Collectors shall to all intents and purposes observe the directions of this Act any thing contained herein to the contrary hereof in any ways notwithstanding And be it further Enacted by the Authority aforesaid That the said Mayors Aldermen and Justices of the Peace for the respective Cities Counties Mannors and Jurisdictions have and shall have Power and Authority by virtue of this Act each of them by himself to administer an Oath to the said Assessors Well and truly equally impartially and in due Proportion as it shall appear to them according to their best Vnderstanding to assess and rate the Inhabitants Residents and Free-holders of the respective places for which they shall be chosen Assessors And be it further Enacted by the Authority aforesaid That if any Person or Persons who shall be chosen Assessors or Collectors shall deny neglect or unequally and partially assess or refuse to make such Assesment as by this Act is required or shall deny neglect or refuse to collect any sum or sums of Money in form before mentioned assessed that then and in such case it shall and may be lawfull for any two of their Majesties Justices of the Peace of the Cities and Counties where such Offendors shall happen to dwell or reside and who by virtue of this Act are required and impowered to do the same by Warrant under their Hands and Seals to commit such Assessors or Collectors so denying neglecting or unequally and partially assessing or refusing to collect as aforesaid to the common Goal there to remain without Bail or Mainprise till be or they shall make Fine or Ransom to their Majesties for such Contempt as aforesaid And be it further Enacted by the Authority aforesaid That if any Person or Persons of what Degree or Quality soever he or they be within this Province who shall be assessed or rated any sum or sums of Money by virtue of this Act to be raised and-levied shall deny refuse or delay to pay and satisfie the same that then it shall and may be lawfull for any such Collector by virtue of a Warrant under the Hand of any of the Justices for the City and County where such Offendors shall dwell or reside who by virtue of this Act are required and authorized to grant and issue forth such Warrant to levy the same by distress and safe of such Person or Persons Goods and Chattels returning the Over-plus if any be to the Owners the sum assessed and Charges of Distress and Sale being first deducted And also be it further Enacted by the Authority aforesaid That if any Mayor Aldermanor Justice of the Peace within this Province who are hereby required impowered and authorized to take effectual care that this Act and every Clause therein beduely executed according to the true and genuine sence and intent thereof shall deny refuse neglect or delay to do perform fullfill and execute all or every or any of the Duties Powers and Authorities by this Act required and impowered by him or them to be done performed fullfilled and executed and shall thereof be lawfully convicted before any of their Majesties Courts of Record within this Province he or they shall suffer such pain by Fine or Imprisonment as by the Discretion of the Justices of the said Courts shall be adjudged And be it further Enacted by the Authority aforesaid That if any Action Bill Plaint or Information shall be brought moved or presented at any time hereafter against any Person or Persons for any matter cause or thing done or acted in pursuance or execution of this Act such Person or Persons so sued or prosecuted in any Court whatsoever shall and may plead the general Issue Not Guilty and give this Act and the special matter in Evidence and if the Plantiff or Prosecutor shall be non-suited or forbear further Prosecution or suffer Discontinuance or Verdict to pass against him the Defendant or Defendors shall have trible Costs for which they shall have like liberty as in case where Costs by Law are given to Defendants Provided alwayes That no Mayor Aldermen or Justices of the Peace shall be troubled sued prosecuted or molested for any omission offence or neglect by virtue of this Act but within the space of one year after such omission offence or neglect and not at any time thereafter any thing herein contained to the contrary hereof in any wise notwithstanding Alwayes provided and be it further Enacted by the Authority aforesaid That the several Collectors of each respective City and County as aforesaid shall have the liberty to pay the several and respective sums assessed as aforesaid at the day aforementioned in Silver Money or for want thereof in good sufficient and merchantable Provisions at the currant Market Price in Silver Money at New-York any thing contained herein to the contrary hereof in any ways notwithstanding An Act for the Regulating the Buildings Streets Lanes Wharffs Docks and Allyes of the City of New-York WHereas the City of New-York and Metropolis of this Province was chiefly erected by the Inhabitants thereof for the propagating and encouragement of Trade and Commerce and for the good benefit
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
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
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 ●ne Penny per Pound as aforesaid as to the said Mayors and Alderm●n and Justices of the Peace shall se●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 O●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 ●utho●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-suit●d or forbear further Prosecution o● su●fer D●scontinuance or Virdic● to pass against him the D●fendant and Defendants shall recover T●ibble Costs for which they sh●●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 Pr●v●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
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
said Mayor Aldermen and Justices of the Peace for the respective Cities and Counties Mannors and Jurisdictions have and shall have Power and Authority by virtue of this Act each of them by himself to administer an Oath to the said Assessors Well Truly Equally and Impartially and in due Proportion as it shall appear to them according to their best Vnderstanding to assess and rate the Inhabitants Residents Free-holders of the respective places for which they shall be chosen Assessors And be it Enacted by the Authority aforesaid That if any person or persons who shall be chosen Assessors or Collectors shall deny neglect or unequally or partially assess or refuse to make such Assessment as by this Act is required or shall deny neglect or refuse to collect any Sum or Sums of Money in form afore-mentioned assest that then and in such case it shall and may be lawful for any two Justices of the Peace of the Cities and Counties where such Offenders shall happen to dwell or reside who by virtue of this Act are required and impowered to do the same by Warrant under their Hands and Seals to commit such Assessor or Assessors Collector or Collectors so denying neglecting or unequally and partially assessing or refusing to collect as aforesaid to the common Goal there to remain without Bayl or Mainprize till he or they make Fine and Ransom to their Majesties for such Contempt as aforesaid And be it further enacted by the Authority aforesaid That if any Person or Persons of what Degree or Quality soever he or they be within this Province who shall be assessed or rated any sum or sums of Money by virtue of this Act to be raised and levyed shall deny refuse or delay to pay and satify the same that then it shall and may be lawful for any such Collector by Virtue of a Warrant under the Hand and Seal of any Justice of the Peace for the City or County where such Offender shall dwell or reside who by Virtue of this Act are Required and Authorized to grant and issue forth such Warrant to levy the same by Distress and Sale of such Person or Persons Goods and Chattles returning the Over-plus if any be to the Owners the Sum assessed and Charges of Distress and Sale being first deducted And that where any of the Goods and Chattels shall be distrained for any of the Assesments and Rates aforesaid and the Owner of the said Goods shall not within five days next after such Distress taken and notice thereof with the cause of such taking left at the House or other most known place where the distress was made come and pay to the Collector and Receiver of the Assessment aforesaid that then after such Distress and notice as aforesaid and expiration of the said five days the Collector or person distraining shall and may cause the Goods and Chattels so distrained to be appraised by two sworn Appraisers to appraise the same truely according to the best of their Understandings and after such appraisement shall and may lawfully carry and drive the said Goods and Chattels so distrained into any County or Town throughout the Province and the said Goods and Chattels shall and may there lawfully sell for the best Price can be gotten for the same toward satisfaction of the Rates aforesaid and of the Charges of such Distress Appraisement and Sale giving the Over-plus to the Owners And also be it further Enacted by the Authority aforesaid That if any Mayor Alderman or Justice of the Peace within this Province who are hereby Required Impowered and Authorized to take effectual care that this Act and every Article and Clause therein be duely executed according to the true intent and meaning thereof shall deny neglect refuse or delay to do perform fullfill and execute all and every or any the D●ties Powers and Authorities by this Act required and impowered by him or them to be done performed fullfilled and executed and shall thereof be convicted before the Governour and Council or before any of their Majesties Courts of Record within this Province he or they shall suffer such pain by Fine and Imprisonment as by the discretion of the said Governor and Council and the Justices of the said Courts shall be adjudged And be it further enacted by the Authority aforesaid That if any Action Bill Plaint or Information shall be brought moved or prosecuted at any time hereafter against any Person or Persons for any Matter Clause or Thing done or acted in pursuance or execution of this Act such Person or Persons so sued or prosecuted in any Court whatsoever shall and may plead the general Issue Not Guilty and give this Act and the special Matter in Evidence and if the Plantiff or Prosecutor shall be Non-suited or forbear further Prosecution or suffer Discontinuance or Verdict to pass against him the Defendant or Defendants shall recover Treble Costs for which they shall have the like Remedy as in case where Costs by the Law are given to Defendants Provided always That no Major Alder-man or Justice of the Peace shall be troubled sued prosecuted or molested for any Omission Offence or Neglect by virtue of this Act but within the space of one year after such Omission Offence or Neglect and not at any Time hereafter any thing contained herein to the contrary hereof in any wise notwithstanding Alwayes provided and be it further Enacted by the Authority aforesaid That the several Collectors of each respective City and County as aforesaid shall have liberty to pay the several and respective Sums assessed as aforesaid at the day aforesaid in currant Money at New-York or for want thereof in good sufficient and merchantable Provisions at the Rates and Prices hereafter specified and expressed to wit good merchantable Pork at the Rates of fifty Shillings per Barrel the Barrel well repacked by the sworn Packer at New-York and the Barrell containing Thirty One Gallons and half Winchester Measure at least Beef at the Rate of Thirty Two Shillings and Six Pence per Barrel well repackt by the sworn Packer of New-York aforesaid the Barrel to contain thirty one Gallons and a half Winchester-Measure at least Good merchantable Winter Wheat at four Shillings per Bushel Tryed Tallow at four pence half penny per Pound Provided always and be it further Enacted by the Authority aforesaid That if it should so happen that his Excellency pursuant to the Limitations aforesaid could not effect to raise so many Volunteers in manner aforesaid but that for the intent aforesaid his Excellency should be constrained to make proportionable Detachments in the respective Cities and Counties within this Province to compleat the Number of the Forces as aforesaid then it is the true intent and meaning of this Act that there shall only be allowed paid unto such person or persons so detached as aforesaid for the service aforesaid the sum of Eight Pence per Diem for each Person so imployed as aforesaid and no
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
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 Chat●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
persons for any matter cause or thing done or acted in pursuance or execution of this Act such person or persons so sued or presented in any Court whatsoever shall and may plead the general Issue Not Guilty and upon any Issue joyned may give this Act and the special matter in Evidence and if the Plantiff or Prosecutor shall be non-suited or forbear further Prosecution or suffer Discontinuance or Verdict to pass against him the Defendant and Defendors shall recover their Trible Costs for which they shall have the like Liberty as in any case where Costs by Law are given to the Defendant Provided alwayes That no Mayor Aldermen or Justices of the Peace shall be troubled sued prosecuted or molested for any Omission Offence or Neglect by virtue of this Act but within the space of one year after such omission offence or neglect and not at any time hereafter any thing herein contained to the contrary in any wise notwithstanding An Act to ease People that are scrupulous in Swearing FOrasmuch as there are sundry Persons within this Province and Dependencies out of a tender Conscience refuse to give their Evidence on Oath in any matter or thing depending in any of the Courts within the same Be it therefore Enacted by the Governour and Council and Representatives now met in General Assembly and by the Authority of the same That in such case the person or persons so refusing the same shall give in or deliver their Evidence or Testimony in manner form following that is to say I A. B. do solemnly promise as in the presence of God to speak the Truth the whole Truth and nothing but the Truth to the matter or thing in question And be it further Enacted by the Authority aforesaid That if any such person or persons so refusing as aforesaid shall be summoned to serve upon any Jury in any Court within this Province then such person or persons shall make the Engagement following that is to say I A. B. do solemnly promise as in the presence of God that I will well and truly try the Issue between C. D. Plantiff and H. I. Defendant according to Evidence And in case any such person or persons so called to Evidence and to serve upon any Jury and declaring as aforesaid shall afterwards be convicted of willfull Falshood that then and in such case such person or persons shall undergo the same punishment as in case of willfull Perjury is appointed and privided An Act for Pardoning such as have been active in the late Disorders THe Governour and Council and Representatives convened in General Assembly taking into their serious Consideration the many great Troubles and Disorders that have been lately within this Province and that by occasion thereof and otherways many of their Majesties Subjects are fallen into danger of and lie open to great Penalties and Forfeitures And withal considering the Ignorance of many and the dutiful Affections of others of their Majesties Subjects out of an earnest desire to deliver them from the Penalties and Forfeitures aforesaid and to the intent that their Offences may not hereafter be brought in Judgment Question or Remembrance to the least endamagement of them either in their Lives Liberties Estates or Reputations but that they having an entire Confidence in their Majesties and perfect Union among themselves may be encouraged in their Duty to their Majesties Government and more fully and securely enjoy the benefit of it It is therefore necessary that there be extended unto them a general and free Pardon that all their Majesties Subjects by this Clemency and Indulgence may be the better induced henceforth more carefully to observe the Laws and perform their Loyal and due Obedience to their Majesties Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly and by the Authority of the same That all and every of the said Subjects inhabiting within this Province their Heirs Executors and Administrators and every of them shall be and are by the Authority of this present Assembly acquitted pardoned released and discharged against their Majesties their Heirs and Successors and every of them of and from all manner of Treasons Fellonies Misprisons of Treason T●e●sonable or Seditious Words and Libills Misprisons of Fellony Seditious and Unlawful Meetings and of all Offences whereby any person may be charged with the penalty and danger of Praemunire And also from and of all Riots Routs Offences Contempts Trespasses Entries Wrongs Deceits Misdemeanours Forfeitures Penalties Pain of Death Pains Corporal and Pains Pecunary and Generally of and from all other Things Causes Quarrels Suits Judgments and Executions in this present Act not hereafter excepted which may be or can by their Majesties in any ways or by any means pardoned before the 19th day of March last past to any of the Subjects aforesaid And be it further Enacted by the Authority aforesaid That this Pardon shall be as good and effectual in the Law to every of their Majesties said Subjects in for and against all things which be not hereafter in this present Act excepted as the same Pardon should have been if all Offences Contempts Forfeitures Causes Matters Suits Quarrels Judgments Executions Penalties and all other things not hereafter in this present Act excepted had been particularly singularly specially and plainly named rehearsed and specified and also pardoned by express words and names in their kinds natures and qualities by words and terms thereunto requisit to have been put in and expressed in this present Act of Pardon That their said Subjects or any of them their Heirs Executors and Administrators or any of them be not or shall be sued vexed or unquieted in their Bodies Goods Chattels Lands or Tenements for any manner of Matter Cause Contempt Misdemeanour Forfeiture Trespass Offence or any other thing suffered done committed or omitted before the 19th day of March against their Majesties their Crown Dignity Prerogative or the Laws or Statutes of their Majesties Realm of England and this Province but only for such Matters Causes and Offences as be rehearsed mentioned or in some ways touched in the Exceptions of this present Act excepted and for none other any Statute Law Custom or Usage heretofore had made or used to the contrary in any ways notwithstanding And be it further Enacted That all and every their Majesties Subjects may by him or themselves or by his or their Attorney or Attorneys according to the Laws of England and this Province plead and minister this present Act of Pardon for this or their discharge of or for any thing that is by virtue of this Act pardoned discharged given or granted without any Fee or other thing paying to any person or persons for writing or entring of the Judgments or other Cause concerning such Plea Writing or Entry but only three Shillings to be paid to the Officer or Clark that shall enter such Plea Matters for Judgment or the party's Discharge in that behalf any Law Custom or
it further Enacted by the Authority aforesaid That if any Action Bill Plaint or Information shall be brought moved or presented at any time hereafter against any Person or Persons for any matter cause or thing done or acted in pursuance or execution of this Act such Person or Persons so sued or prosecuted in any Court whatsoever shall and may plead the general Issue Not Guilty and give this Act and the special matter in Evidence and if the Plantiff or Prosecutor shall be non-suited or forbear further Prosecution or suffer Discontinuance or Verdict to pass against him the Defendant or Defendants shall have trible Costs for which they shall have like Remedy as in case where Costs by Law are given to Defendants Provided alwayes That no Mayor Aldermen or Justices of the Peace shall be troubled sued prosecuted or molested for any omission offence or neglect by virtue of this Act but within the space of one year after such omission offence or neglect and not at any time thereafter any thing herein contained to the contrary hereof in any wise notwithstanding Alwayes provided and be it Enacted by the Authority aforesaid That the several Collectors of each respective City and County as aforesaid shall have the liberty to pay the several and respective sums assessed as aforesaid at the day aforementioned in currant Silver Money at New-York or for want thereof in good sufficient and merchantable Provisions at the Rates and Prices hereafter specified and expressed to wit good and merchantable Pork at the Rate of Fifty Shillings per Barrel the Barrel well Re-packed by the sworn Packer of New-York and the Barrel containing thirty one Gallons and half Winchester Measure at least Beef at the Rate of thirty two Shillings and six Pence per Barrel well re-packed by the sworn Packer of New-York aforesaid the Barrel to contain thirty one Gallons and half Winchester Measure at least Good merchantable Winter Wheat at four Shillings per Bus●el Tryed Tallow at four Pence half Penny per Pound An Act for the raising and paying of Eighty Men in Ulster and Dutches County to be imployed for the Re-inforcing and Security of Albany from the 15th Day of December next to the first of March then next ensuing WHereas it is convenient that the County of Vlster and Dutches County should be excused from their Quota's of 300 Men since they are to provide eighty men for the Re-inforcement of Albany in the time of the most eminent danger Be it Enacted by the Governour and Council and Representatives convened in General Assembly and by the Authority of the same That the Governour do issue out his Warrant under his Seal to the Military Officers of Vlster and Dutches County to levy eighty effective Men with their Arms to be peremptorily at Albany on the 15th day of December next and there to continue and remain for the Re-inforcement Security and Defence of the Fronteers there until the first day of March then next following And also that the said Captain General would form the said Number of eighty effective men into such Companies as he shall think convenient and to Commissionate and appoint so many Officers over them as he shall think needful in the said County And be it further Enacted by the Authority aforesaid That the said Counties of Vlster and Dutches County shall at their own proper Cost and Charge well and sufficiently provide that the said eighty effective men be well supplyed with good and wholsom Provisions of Beer Bread and Meat and Ammunition during the time that they shall be imployed in the service aforesaid and also take effectual care that all and every of the said effective Men be well paid according to the Kings establishment after the expiration of the said Service and likewise that they shall pay and satisfie such Officers as shall be Commissionated and appointed over them according to the Kings establishment aforesaid And be it further Enacted by the Authority aforesaid That if any Officer Civil or Military within the said County shall delay neglect or refuse to perform and execute the several and respective Articles and Clauses of this Act according to the true intent and meaning thereof he or they so neglecting refusing or delaying shall be lyable to such Penalties respectively as are in case of such refusal neglect or delay provided in the other Act of this present Sessions entituled An Act for raising and paying two hundred and twenty Men c. Acts passed in the fifth Sessions of General Assembly begun in the City of New-York the 24th of Octorber 1692. Act for establishing a Revenue upon their Majesties and for defraying the publick and necessary Charges of the Government THe Representatives of their Majesties Province of New-York convened in General Assembly taking into their Consideration that the Act made for establishing a Revenue for the defraying the publick Charges of the Province doth expire and terminate according to the Limitations in the said Act made and provided on the eighteenth day of May next And they being likewise sensible of the great and urgent occasions which do daily press their Majesties to an extraordinary Expence for the Defence of this their Province and Dominion against the Designs and Invasions of the common Enemy And finding it also necessary that in this time of so great and eminent Danger that their Majesties Government over this Province should be honourably supported and maintained They in most Thankful Acknowledgment of their Majesties tender care of the Wellfare of their Subjects in this Province have chearfully and unanimously for the purpose aforesaid given and granted and do hereby give and grant to their Majesties the several Rates and Duties of Excise herein after mentioned and do most humbly beseech that it may be Enacted And Be it therefore Enacted by the Governour and Council and Representatives now met in General Assembly and by the Authority of the same that from and after the 18th Day of May next which shall be in the Year of our Lord 1693. There shall be throghout this their Majesties Province of New-York and the Territories depending thereon in America Raised Levyed Collected and Paid for the purpose and intent aforesaid during the space and term of Two Years from the eighteenth Day of May aforesaid and no longer the Rates and Duties of Excise herein after mentioned in manner and form following that is to say For every Gallon of Rum Brandy and Distilled Liquors that shall be Imported into this Province and Dependencies aforesaid the sum of Four Pence currant Money of this Province And for every Pipe of Madera Malmsey Fyall St. Georges ●isad● Canary Mallego Sherry and all sorts of Sweet Wines the Sum of Forty Shillings currant Money aforesaid And so in proportion for all greater and smaller Quantities Imported as aforesaid And for every Hogshead of Red White and Rhenish Wines the Sum of Twenty Shillings currant Money aforesaid And so in proportion for all greater and smaller Quantities
have Cognizance all of Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequor within their Majesties Kingdom of England have or ought to have In and to which Supream Court all and every Person and Persons whatsoever shall or may if they shall 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 or Certiorarie remove out of any of the respective Courts of Mayor and Aldermen Sessions of the Peace and Common Pleas any Judgment Information or Indictment there had and depending Provided alwayes that the Judgment removed be upwards of the Valve of Twenty Pounds Out of the Office of which Supream Court at New-York aforesaid all Process shall issue out under the Test of the Chief Justice of the said Court and to which Office all Returns shall be made Which Supream Court shall be holden at such Times and Places as herein after is limitted appointed For the City and County of New-York and County of Orange on the first Tuesday in April and on the first Tuesday in October annually and every Year For the City and County of Albany the first Tuesday in Mar. For Vlster and Dutches County the third Tuesday in May. For the County of Westchester the last Tuesday in June For Kings County the first Tuesday in August For Queens County the second Tuesday in August For the County of Suffolk the third Tuesday in August And for the County of Richmond the second Tuesday of June And be it further Enacted by the Authority aforesaid That all and every of the Justices or Judges of the several Courts afore-mentioned be and are hereby sufficiently impowered to make ordain and establish all such Rules and Orders for the more Regular practising and proceeding in their said Courts as fully and amply to all intents and purposes whatsoever as all or any of the Judges of the several Courts of the Kings Bench Common Pleas and Exchequor 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 by the Parties or Judgment he 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 to be done by the Law And be it further Enacted by the Authority aforesaid That one of the Justices of the said Supream Court commissionated as aforesaid shall once in every Year at the aforesaid Times and Places in each respective County aforesaid go the Circuit and at the places and times aforesaid there hold the Supream Court being then assisted by two or more of the Justices of the Peace of the several respective Counties where the said Supream Court is to be holden and shall there hear and determine all Process and Pleas there depending and issued as aforesaid Alway●● provided That in such County where there is no Process issued or Pleas depending That the Justice shall not be then obliged to go the Circuit to the said County any thing contained herein to the contrary hereof in any wayes notwithstanding Alwayes provided the Sessions of the said Supream Cours shall not continue nor hold longer at New-York than five dayes at the other respective places in each respective County than two dayes and no longer And 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 Clarks and Registers as to the said High Court of Chancery are needful 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 from 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 Courts of Mayor and Aldermen 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 in Council 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 Costs of such Judgment or Decree from which the Appeal ariseth and enter into Recognizance 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 within 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 from and after the Expiration of the former Act before-mentioned and no longer An Act for settling Fairs and Markets in each respective City and County throughout this Province WHereas great Inconveniency doth arise unto the Inhabitants of the Province for want of certain Market dayes in each respective City and County throughout the same the Trade of the Province is likewise very much discouraged for want thereof as well as for the want of publick Fairs in each respective City and County to be held and kept at least once in every Year For Remedy whereof and that Trade and Commerce may be the better encouraged and propagated for the good and weal of all the Inhabitants aforesaid 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 there shall be held and kept in the respective Counties aforesaid upon every Thursday of the Week
behoof of the said Orphans and not otherwise And the said Intestates Estate so Inventory'd as aforesaid shall cause to be well secured and improved to the best Advantage for the behoof of the said Orphans until they Marry or come to the Age of One and Twenty Years And that he shall likewise take take effectual care for the Educating and Instructing the said Orphans in the Holy Protestant Religion and that they be honestly maintained according to the Capacity of the said Intestates Estate and not otherwise And Be it farther Enacted by the Authority aforesaid That the Probate of all Wills and Letters of Administration shall be from hence forth granted by the Governour or such Person as he shall delegate under the Seal of the Prerogative Office for that purpose appointed And that all Wills relating to any Estate within the several Counties of Orange and Richmond Avest Chester Kings County shall be proved at New-York before the Governour or such Person as he shall delegate as aforesaid But in regard of the Remoteness of the other Counties from New-York and to prevent the great Charge and Inconveniency of bringing Witnesses so far the Court of Common Pleas in each of these remote Counties are hereby impowered and authorized to take the Examination of Witnesses to any Will within their respective Counties upon Oath and the same with the Will to certifie to the Secretary's Office at New-York with all convenient speed under the Hand of the Judge Clark of the said Court that the Probate thereof may be granted accordingly And in the time of the vacancy of the said Courts of Common Pleas or upon any extraordinary Occasion or Necessity the respective Judges of the Inferiour Courts assisted with two Justices of the Peace within the said remote Counties may and are hereby impowered and authorized at any time during the vacancy of the said respective Courts to take the Examination of Witnesses to any Will produced before them upon Oath and to certifie the same as aforesaid And in case any Debate or Controversie shall arise about Swearing Examining such Witnesses or allowing the Will the said Court or Judge Justices may hear and determine the same And if any be unsatisfied with their Proceedings therein they may appeal to the Governour or to such other Person delegated as aforesaid before the Probate of such Will be granted And it is further Enacted by the Authority aforesaid That the several Judges of the respective Courts within the said remote Counties in open Courts and on extraordinary Occasions or Necessity out of Court assisted with two Justices of the Peace aforesaid may and are hereby authorized and impowered to grant Probates of any Will or Letters of Administration to any Person or Persons where the Estate of the Person making such Will or of the Intestate on which Letters of Administration is desired doth not exceed the value of Fifty Pounds any thing herein contained to the contrary hereof in any ways notwithstanding Provided alwayes That any Person or Persons concerned in the Probate of such Wills or Letters of Administration to be granted by the Judge of the said Courts as aforesaid may within three Moneths after the granting thereof bring his or their Appeal or Appeals therein before the Governour or such other Person delegated as aforesaid An Act for the Encouraging a Post-Office WHereas their Most Excellent Majesties by Their Letters Patents under the Great Seal of England bearing date the 17th day of February in the Year of our Lord 1691. have given unto Thomas Neal Esq his Executors Administrators and Assigns full Power and Authority to e●ect settle and establish within the chief Ports of their said Majesties Collonies and Plantations in Amerira an Office or Offices for the Receiving and Dispatching of Letters and Pacquets and to receive send and deliver the same under such Rates and Sums of Money as the Planters shall agree to give c. to hold and enjoy the same for the term of one and twenty Years with such Powers and Clauses as are necessary on that behalf as by the said Letters Patents relation being thereunto had may more fully and at large appear And whereas Andrew Hamilton Esq is deputed and constitued to govern and manage the said General Post-Office for and throughout all their Majesties Plantations and Collonies upon the main Land or Continent of America and Islands adjacent thereunto pursuant to the directions of the said Letters Patents And whereas he the said Andrew Hamilton hath made Apprication to his Excellency the Governour and Council and Representatives convened in General Assembly That they would ascertain and establish such Rates and Sums of Money upon the Letters and Pacquets that shall be received and dispitched by the said Office and Offices for the effectual encouraging of the said General Post-Office and for the quicker maintenance of mutual Correspondency amongst all our Neighbouring Collonies and Plantations aforesaid and that Trade and Commerce may be the better preserved Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly and by the Authority of the same That there shall be from henceforth a General Letter-Office erected and established in some convenient place within the City of New-York from whence all Letters and Pacquets whatsoever may be with speed expedition sent into any part of our Neighbouring Collonies and Plantations on this main Land and continent of America or unto any other of their Majesties Kingdoms and Dominions beyond the Seas At which said Office all Returns and Answers may be likewise received And that one Master of the said General Letter-Office shall from time to time be appointed by the said Andrew Hamilton which said Master of the said Office or his Servant or Agent and no other Person or Persons whatsoever shall from time to time have the receiving taking up ordering dispatching sending Post or with speed and delivering of all Letters and Pacquets whatsoever which shall from time to time be sent to and from all and every of the adjacent Collonies and Plantations on this main Land and Continent of America or any other of their Majesties Kingdoms and Dominions beyond the Seas where he the said Post-Master General shall settle or cause to be settled Posts on Running Messengers for that purpose except such Letters of Merchants Masters which shall be sent by any Masters of any Ships Barques or other Vessels of Merchandize or by any other Person imployed by them for the carriage of such Letters aforesaid according to the respective Directions and also except Lettets to be sent by any private Friend or Friends in their ways and Journies or Travel or by any Messenger or Messengers sent on purpose for or concerning the private Affairs of any Person or Persons And be it further Enacted by the Authority afores●id That such Post-Master for the time being and no other Person whatsoever shall prepare and provide Horses and Furniture to ●et 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
more any thing contained herein or mentioned in the Establishment hereunto annexed in any wayes to the contrary hereof notwithstanding An Establishment for the paying of the Officers and Souldiers together with the incidental Charges which are to be raised for the Reinforcement of Albany c. from the first day of May 1693. until the first day of May. 1694.   l. s. d. Four Captains at 8 s. per Diem 01 12 00 Four Lieutenants at 4 s. per Diem 00 16 00 Four Lieutenants at 3 s. per Diem 00 12 00 One Chyrurgion at 2 s. 6 d. per Diem 00 02 06 One Commissiary for the Stores per diem 00 02 06 One Commissiary for Muster per Diem 00 02 06 Twelve Sergeants at 1 s. 6 d. per diem 00 18 00 Twelve Corporals at 1 s. per diem 00 12 00 Four Drums at 1 s per diem 00 04 00 Four Clerks at 1 s. per diem 00 04 00 Four Montrosses at 1 s. per diem 00 04 00 164 private Centinels at 1 s. per diem 08 04 00   13 13 06   l. s. d. For 365 days 13 l. 13 s. 06 d. is 4991 07 06 100 private Centinels for 135 days at 12 d. 675 00 00 One Town Major for 365 dayes at 4 s. 073 00 00 Incidental Charges 260 12 06 The Totall 6000 00 00 Printed and Sold by William Bradford Printer to King William and Queen Mary at the City of New-York 1693. A Catalogue of Fees Established by the Governour and Council At the Humble Request of the ASSEMBLY For the Governour   L. S. D. FOr the great Seal to every Patent for and under 100 Acres 00 12 00 For 1000 Acres and upwards of Arable Land for every 100 Acres 00 10 00 For every License of Marriage 00 10 00 For his Hand and Seal to Letters of Administration 00 10 00 For a Certificate of Denization 00 10 00 For a Certificate of Naturalization 00 10 00 For a Certificate That a Vessel was built or belongs to their Majesties Subjects 00 10 00 For every Certeficate under the Governours Hand and Seal to go beyond Sea 00 10 00 For every Hue-and-Cry 00 03 00 For a Lisence to purchase Land of the Indians 01 00 00 For a Bill of Health 00 12 00 For the great Seal to a Confirmation for renewing a Parent 00 12 00 The Secretary's FEES   L. S. D. FOr a Patent for a House Lot or Confirmation of Land formerly possessed 00 12 00 For a Patent for New Land for and under 100 Acres 00 12 00 And above 100 Acres 2 s. per hundred Acres more   2   For a Patent for a New Township 05 00 00 For a Warrant to Survey Land 00 05 00 For Recording a Will Inventary c. under 24 Lines 00 03 00 For every Sheet more 00 00 09 For every Letter of Administration of 100 l. or under 00 06 00 For the Certificate of a Probate of a Will 00 04 00 For a Certificate of Letters of Naturalization or Denization 00 06 00 For a Pass to Europe of a Ship of 30 Tuns 00 06 00 And upwards to 100 Tun 00 10 00 And above 100 Tun 00 15 00 For the same to the West-Indies to pay for the proportion 00 03 00 00 06 00 00 09 00 For a Certificate that a Vessel was built here and belonging to their Majesties Subjects 00 06 00 For every Petition to the Governour and Council and Order thereon 00 06 00 For a Lisence of Marriage 00 12 00 For a Certificate of any matter under the Governour 's Hand and Seal 00 06 00 For a Hue-and-Cry 00 03 00 For a Lisence to purchase Land of the Indians 00 06 00 For a Bill of Health 00 06 00 For all Bonds 00 03 00 For Copying every thing Recorded in the Secretary's Office first Sheet containing 24 Lines eight Words to a Line 00 03 00 For every Sheet more 00 00 06 For a Quietus of an Administration 00 06 00 For every Commission where there is a Sallary or Fees allowed 00 06 00 Fees for the Court of 40 s. or under   l. s. d. FOr the Summons 00 00 09 For serving the Summons 00 00 09 For the Judgment 00 01 00 For the Summons for Evidence 00 00 06 For serving the same 00 00 06 For the Jury for the same 00 06 00 Fees for the Justices in or out of Sessions FOR FVery Warrant of Appearance 0 ● 6 FOR The Justices Clerk for a Bond 0 ● 6 FOR Taking Bayl in Court or out 0 2 3 FOR Acknowledging a Deed of Sale 0 2 3 FOR A Lisence for selling Drink 0 3 0 FOR The Clerk for a Bond for the same 0 2 3 The Judges and Justices Fees for the Court of Common Pleas. FOR ALl Actions from 40 Shillings to twenty Pound 0 2 6 FOR From twenty Pound and upward 0 5 0 FOR Every Judgment of Court 0 1 6 FOR Signing an Execution 0 0 6 FOR Signing a Bill of Cost 0 0 6 FOR Admittance of a Guardian 0 3 0 FOR Proving of a Will 0 3 0 FOR A Certificate for the same to the Secretary's Office at New-York 0 1 6 FOR Acknowledging Satisfaction upon Record 0 1 6 Fees for the Clark of the Sessions and Common Pleas.   l. s. d. FOR A Writ or Capias 0 1 6 FOR Filing a Declaration 0 0 9 FOR A Copy of a Declaration if required every Sheet containing 15 Lines 8 Words to a Line 0 0 6 FOR Entring every Action 0 0 9 FOR Every Venire 0 1 0 FOR Every Subpaena 0 0 9 FOR Entring a Verdict 0 0 9 FOR Entring Judgment 0 1 0 FOR Execution 0 1 6 FOR Coppying of the Records for each Sheet containing 15 Lines and eight Words to a Line 0 0 6 FOR Entry Rule or Order of Court 0 0 9 FOR Reading a Petition 0 0 6 FOR Answer thereon 0 0 6 FOR With-dawing an Action 0 1 6 FOR A Scire facias 0 1 0 FOR A Habeas Corpus 0 1 6 FOR Every Recognizance 0 1 0 FOR A Supersedeas 0 1 6 FOR Searching the Records within one Year 0 0 6 FOR Every Year backwards 3 d. more 0 0 3 FOR Entring a Plea 0 0 9 The Sheriffs Fees for the Courts of Sessions and Common Pleas. FOR SErving a Writ taking into Custody and Bail Bond without any pretence for Riding in the County 0 6 0 FOR Returning a Writ 0 1 0 FOR A Venire 0 3 0 FOR Returning the same 0 1 0 FOR Serving an Execution under a hundred Pound 0 5 0 FOR Every Ten Pound more 0 1 0 FOR Serving a Writ of Possession 0 12 0 FOR Scire facias serving and Return 0 3 0 FOR Every Person committed into the common Prison 0 3 0 The Cryer or Marshals Fees for the Sessions and Common Pleas. FOR CAlling a Jury each Cause 0 1 0 FOR Calling every Witness 0   ½ FOR Every Verdict 0 0 9 FOR Calling each Action
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