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

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any Town or County within this Province are hereby fully impowered and authorized to have Cognizance of all Causes Cases of Debts and Trespass to the value of Forty Shillings or under which Causes and Cases shall he heard tryed and finally determined without a Jury by every Justice of the Peace that resides within any Town or County within this Province he taking to his Assistance at the time of his hearing and determining such Cause or Cases of Debt and Trespass to the value of Forty Shillings and under one of the Free-holders of the Town and place where the cause of Action doth arise The Process of warning shall be by a summons under the Hand of the Justice directed to the Constable of the Town or Precinct or any deputed by him where the Party complained against doth live Which Summons being Personally served or left at the Defendants House two days before the Day of Hearing of the Plaint shall be sufficient Authority to and for a said Justice assisted with one of the Free-holders as aforesaid to proceed on such Cause and Causes and determine the same in the Defendants absence and to grant Execution thereon against the Defendants Person or for want thereof his Estate which the Constable of the Town or Precincts or his Deputy shall and may serve Always provided and be it further Enacted by the Authority aforesaid That if the Plantiff or Defendant shall desire a Jury it shall be allowed but at the proper Cost and Charges of the Person desiring the same And for the Increase of Virtue and Discouraging of Evil-doers throughout this Province Be it further Enacted by the Authority aforesaid That there shall be held and kept in every respective City and County within this Province at the Times and Places hereafter named and expressed a Court of Sessions of the Peace that is to say For the City and County of New-York at the City Hall of the said City four times every Year viz. The first Tuesday in May the first Tuesday in August the first Tuesday in November and the first Tuesday in February For the City and County of Albany at the City Hall of the said City the first Tuesday in June the first Tuesday in October and the first Tuesday in February For Westchester at Westobester the first Tuesday in June and the first Tuesday in December For Vlster at Kingston the first Tuesday in September and the first Tuesday in March For the County of Richmond at the Court-House the first Tuesday in September and the first Tuesday in March For Kings County at Flatbush alias Midwout the second Tuesday in May and the second Tuesday in November For Queens County at Jamaica the third Tuesday in May and the third Tuesday in September For Suffolk County at Southold the last Tuesday in September And the last Tuesday in March at Southampton Orange County to be annixed to the County of New-York and Dutches County to the County of Vlster Which Sessions of the Peace shall only hold and continue for the space and time of two Dayes and no longer And for the more regular and beneficial Distribution of Justice to the Inhabitants of each respective City and County within this Province Be it further Enacted by the Authority a foresaid That there be kept and held a Court of Common Pleas in each respective City and County within this Province at the Times and Places hereafter named and expressed That is to say At such places in each respective County as the said Court of Sessions are to be kept and to begin the next day after the Sessions terminates and only to hold and continue for the space and time of two days and no longer And that there be one Judge with three Justice in each County Appointed and Commissionated to hold the same Court of Pleas Three whereof to be a Quorum And that the several and respective Courts hereby established shall have Jurisdiction to Hear Try and finally to Determine all Actions or cause of Actions and all Matters and Things and Causes Tryable at the Common Law of what Nature or Kind soever Provided alwayes and it is hereby enacted That there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution that shall be determined in this Court to the value of Twenty Pounds or under any thing contained herein to the contrary in any ways notwithstanding Provided alwayes and it is hereby Enacted That the Courts of Mayor and Aldermen of the respective Cities of New York and Albany shall have in each of their respective Cities the Power and Authority to Hear Try and finally to Determine all such Actions and Suits as is commonly cognizable before them from which final Determination there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution to the value of Twenty Pounds or under any thing contained herein to the contrary in any ways notwithstanding To which respective Court of Common Pleas there shall belong and be appointed and commissionated for that purpose one Clark of the Court to draw enter and keep the Records Declarations Pleas and Judgments there to be had and made And one Marshal or Cryer of the Court to call the Jurors and proclaim the Commands and Orders of the Court. And for the more regular Proceedings in the said Court all Processes and Writs of what Nature soever for the Command of Persons to appear and to execute the Judgments and Executions of the respective Courts aforesaid shall be directed to the respective Sheriffs of each City and County within this Province and executed by them their Under-Sheriffs or Deputy or Deputies And all Processes and Writs for Actions betwixt Party and Party in the said Court shall issue out of the Office of the Clark of the Court in each City and County respectively signed Per Curiam And that Their Majesties Subjects inhabiting within this Province may have all the good proper and just wayes and means for the securing and recovering their just Rights and Demands within the same Be it further Enacted and it is hereby Enacted and Ordained by Authority aforesaid That there shall be held and kept a Supream Court of Judicature which shall be duely and constantly kept at the City of New-York and not else-where at the several and respective Times hereafter mentioned And that there be five Justices at least appointed and commissionated to hold the same Court Two whereof together with one chief Justice to be a Quorum Which Supream Court is hereby fully Impowered and Authorized to have Cognizance of all Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within Their Majesties Kingdom of England have or ought to have In and to which Supream Court all and every Person and Persons
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
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
third Sessions of the General Assembly begun in the City of New-York April 19. 1692. An Act for the raising two hundred Men with their proper Officers for the securing and re-inforcing of Albany in the Fronteers of this Province WHereas the Forces lately raised for the Re-inforcing and Securing the Fronteers at Albany are not to continue in that service any longer than the first of May next ensuing And forasmuch as it is still absolutely necessary for the safety of all their Majesties Neighbouring Collonies and Plantations as well for the security of this Province that there be and remain at that place sufficieut Force for the Defence thereof And whereas the present State Condition of this Province is such that they are not able at this time to make sufficient Provision of Men and Money for the re-inforcing of that place as is truly necessary for the maintaining such a considerable Post which is the only Bull-work of Defence for all their Majesties Neighbouring Collonies and Plantations in this main of America yet that the said place may not be deserted nor the Indians who have been so constant to us discouraged Be it therfore Enacted by the Commander in chief and Council and Representatives convened in General Assembly and by the Authority of the same That the Commander in chief do issue out his Warrants to the chief Military Officers in the respective Cities and Counties under-named for the raising of 200 men armed as the Law directs with their proper Officers in such Proportions hereafter mentioned to consist and make two distinct Companies of Fuzileers for the Reinforeement and Security of the Fronteers of this Province in the County of Albany aforesaid which shall continue and remain in the said County of Albany for the Defence and Security thereof for the term and space of five Moneths to commence on the first day of May next and to end and terminate on the first day of October then following And be it further Enacted by the Authority aforesaid That if any Person or Persons who in pursuance of such Warrant or Warrants to be by the Commander in chief issued out to the chief Military Officer of each respective City and County or Counties as aforesaid shall be warned to appear in Arms in order to the raising the 200 men aforesaid shall neglect delay or refuse to appear or otherwise absent him or themselves shall forfeit the sum of five Pounds currant Money to be levied by Distress by Warrant under the Hand and Seal of any Justice of the Peace within this Province on the Goods and Chattels of every such Person or Persons so offending as aforsaid upon a Certificate of such Default from the Captain or chief Officer of such Company in or to which the said Offender shall be listed or belong under his Hand Seal which said sum of 5 l. shall be imployed for the encouragement and raising the Quota of men by this Act in each respective City County or Counties to be raised as aforesaid And in case such Person or Persons so offending as aforesaid shall not have Goods and Chattels to be found to pay and satisfie the sum of five Pounds aforesaid such Person or Persons upon such Certificate and by such Warrant as aforesaid shall becommited to the common Goal of the same City or County or Counties there to remain without Bail or Mainprize for the space or term of five Moneths or untill he or they shall satisfie the sum of five Pounds aforesaid And for the paying and maintaining the said two hundred men and their proper Officers Be it further Enacted by the Authority aforesaid That a Levy of fifteen Hundred Pounds currant Money of this Province be laid assessed raised and levied upon all and every the Inhabitants Residents and Freeholders of and in this Province for the paying and maintaining of the said two hundred men and their proper Officers for five Months as aforesaid and for no other use intent or purpose whatsoever To be laid assessed raised levyed and paid to their Majesties Collector and Receiver General for the time being at their Majesties Custom-house in the City of New-York on the first day of September next ensuing which shall be in the Year of our Lord 1692. according to the Rates and Proportions following that is to say For the City and County of New-York 345 l. for the paying and maintaining 46 men being their Quota and Proportion of the 200 men aforesaid For the County of Westchester 127 l. 10 s. for the paying and maintaining 17 men being their quota and proportion as aforesaid For the County of Richmond 67 l. 10 s. for the paying and maintaining of nine men being their quota and proportion as aforesaid For the County of Vlster and Dutches County 210 l. for the paying and maintaining 28 men being their quota and proportion as aforesaid For the County of Suffolk 300 l. for the paying and maintaining 40 men being their quota and proportion as aforesaid For Kings County 210 l. for the paying and maintaining 28 men being their quota and proportion as aforesaid For Queens County 225 l. for the paying maintaining 30 men c. For the County of Orange 15 l. for the paying and maintaining two men being their quota and proportions as aforesaid And also be it Enacted by the Authority aforesaid That such sum or sums of Money of the several sums of 2500 l. lately raised by the Act of General Assembly for the paying and defraying of the Charges of 250 Fuzileers with their Officers raised for the securing and defence of Albany which shall and doth remain undisposed of and not imployed for the Uses aforesaid shall be laid out and applyed towards the defraying the incidental Charge or Expence which shall or may happen or be occasioned by the raising transporting and maintaining of the two hundred Fuzileers with their proper Officers before in this Act mentioned and expressed And be it further Enacted by the Authority aforesaid That for the better assessing raising paying the sum of one thousand five hundred Pounds aforesaid The Mayor and Aldermen in the City of New-York for the time being and the Justices of the Peace for the time being for the several respective Counties aforesaid for the several Counties respectively for the which they shall be Justices of the Peace do within forty dayes after the publication hereof assemble and meet together in the Court Houses for the several respective City and Counties or such other place or places as they shall agree upon among themselves and shall there order that the Assessors and Collectors for the several respective City Towns Mannors or Liberties within their several Jurisdictions for the assessing collecting and receiving of the publick Rates for the defraying of the publick Charge of each respective City and County aforesaid be the Assessors and Collectors for the assessing collecting or receiving the sum or sums of Money herein before mentioned according to
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
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
of the Town or Precinct or any deputed by him where the the Parry complained against doth live which Summons being Personally served or left at the Defendants House two dayes before the Day of Hearing of the Plaint shall be sufficient Authority to and for the said Justice assisted with one of the Free-holders as aforesaid to proceed on such Cause and Causes and determine the same in the Defendants absence and to grant Execution thereupon against the Defendants Person or for want thereof his Estate which the Constable of the Town or Precinct or his Deputy shall and may serve Alwayes provided and be it further Enacted by the Authority aforesaid That if the Plantiff or Defendant shall desire a Jury it shall be allowed but at the proper Cost and Charges of the Person desiring the same And for the encrease of Virtue and the discouraging of Evil-Doers Be it further Enacted by the Authority aforesaid That there shall be held and kept in every respective City County within this Province at the times and places hereafter named and expressed a Court of Sessions of the Peace that is to say For the City and County of New-York and Quange County at the City Hall of the said City four General Quarter Sessions of the Peace annually and every Year upon the first Tuesday of May the first Tuesday in August the first Tuesday in November and the first Tuesday in February For the City and County of Albany three General Sessions of the Peace at the City Hall of the said City annually and every Year on the first Tuesday in June on the first Tuesday in October and on the first Tuesday of February And for the County of Westchester two General Sessions of the Peace annually and every Year at Westchester on the first Tuesday of June and on the first Tuesday of December And for the County of Vlster and Dutches County two General Sessions of the Peace annually and every Year at Kingston on the first Tuesday of March and the first Tuesday of September And for the County of Richmond two General Sessions of the Peace annually and every Year at the Court House in the said County on the first Tuesday in March and the first Tuesday of September And for Kings County two General Sessions of the Peace annually and every Year at Flatbush or the second Tuesday of May and on the second Tuesday of November And for Queens County two General Sessions of the Peace annually and every Year at Jamaica on the first Tuesday in May and on the third Tuesday of September And for Suffolk County two General Sessions of the Peace annually and every Year on the last Tuesday in March at Southampton and on the last Tuesday of September at Southold Which General Sessions of the Peace in each respective City and County aforesaid shall only hold and continue for the space and time of two dayes and no longer And for the more Regular and Beneficial Distribution of Justice to the Inhabitants of each respective County aforesaid Be it further Enacted by the Authority aforesaid That there shall be kept and holden a Court of Common Pleas in each respective County aforesaid at the Times and Places hereafter named and mentioned That is to say At such Places in each respective County as the said General Sessions of the Peace are to be kept and to begin the next day after the Sessions terminate and then only to hold and continue for the space and time of Two Dayes after and no longer And that there be a Judge assisted with three Justices of the Peace in each respective County appointed and commissionated to hold the same Court of Pleas three whereof to be a Quorum And that the several and respective Courts of Pleas hereby established shall have Power and Jurisdiction to Hear Try and finally determine all Actions or Cause of Actions and all Matters and Things and Causes tryable at the Common Law of what Nature of Kind whatsoever so that the Action or Cause of Action the Matter Thing and Cause Tryable and the Nature and Kind thereof doth not relate to or concern Titles of Land Provided always and it is hereby Enacted That there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution that shall be determined in the said Courts of Pleas to the Value of Twenty Pounds or under any thing contained herein to the contrary hereof in any wayes notwithstanding And it is further Enacted by the Authority aforesaid That the Courts of Mayors and Aldermen of the respective Cities of New-York and Albany shall have in each of their respective Cities the Powers and Authorities to Hear Try and finally to Determine all such Suits and Actions of their Corporations as is commonly cognizable before them From which final Determination there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution to the value of Twenty Pounds or under any thing herein contained to the contrary hereof in any wayes notwithstanding To which respective Courts of Common Pleas there shall belong and be appointed and commissionated for that purpose one Clark of the Court to draw enter and keep the Records Declarations Pleas and Judgments there to be had and made and one Marshal or Cryer of the Court to call the Jurors and proclaim the Commands and Orders of the Court. And for the more regular proceedings in the said Court all Process and Writs of what Nature soever for the command of Persons to appear and to execute the Judgments and Executions of the respective Courts aforesaid shall be directed to the respective Sheriffs of each County aforesaid and executed by them their Under-Sheriffs or Deputy or Deputies And all Process and Writs for Actions betwixt party and party in the said Court shall issue out of the Office of each respective Clark of each respective Court signed Per Curiam Provided alwayes That nothing herein contained shall be taken or construed to take away the Priviledge of the Town of Kingston in the County of Vlster for the hearing and determining all Actions and Cause of Actions arising within the Liberties of the said Town to the value of five Pounds under any thing contained herein to the contrary hereof in any ways notwithstanding And that all their Majesties Subjects inhabiting within this Province may have all the good proper just easie and beneficial wayes for the securing and recovering their just Rights and Demands within the same Be it further Enacted and it is hereby further Enacted and Ordained by the Authority aforesaid That there shall be at New-York a Supream Court of Judicature the which shall consist of five Justices which shall be appointed and commissionated for that purpose two whereof together with one chief Justice to be a Quorum Which Supream Court are hereby fully impowered to
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
and judged in such Form as if such Offence had been committed in and upon the Land and to that end and purpose Commissions shall be had under their Majesties Seal of this Province directed to the Judge or Judges of the Admirality of this Province for the time being and to such other substantial persons as by their Majesties Governour or Commander in chief of this Province for the time being shall be named or appointed which said Commissioners or such a Quorum of them as by such Commission shall be thereunto authorized shall have full Power to do all things in and about the enquiry hearing determining adjudging and punishing of any of the Crimes and Offences aforesaid as any Commissioners appointed by Commission under the great Seal of England by Virtue of a Statute made in the Twenty Eight Year of the Reign of King Henry the eight are Impowered to do and execute within the Kingdom of England And that the said Offenders which are or shall be apprehended in or brought Prisoners to this Province shall be lyable to such Order Process Judgment and Execution by Virtue of such Commission to be grounded upon this Act as might be awarded or given against them if they were proceeded against within the Realm of England by Virtue of any Commission grounded upon the said Statute Be it further Enacted by the Authority aforesaid That all and every person or persons that shall any way knowingly entertain harbour conceal trade or hold any correspondence by Letters or otherwise with any person or persons that shall be deemed or judged to be Privateers Pyrates or other Offenders within the Construction of this Act and shall not readily endeavour to the best of his and their power to apprehend or cause to be apprehended such Offender or Offenders shall be lyable to be prosecuted against as Accessaries and Confederate to suffer such pains and penalties as in in such case by Law is provided And for the better and more effectual Execution of this Act Be it further Enacted by the Authority aforesaid That all Commission Officers in their several Precincts within this Province are hereby required and impowered upon his or their Knowledge or Notice given That any Privateers Pyrates or other Persons suspected to be upon any Unlawful Design are in any place within their respective Precincts to raise and levy such Number of well Armed Men as he or they shall think needfull for the seizing apprehending and carrying to Goal all and every such person and persons and in case of any Resistance or Refusal to yield Obedience to their Majesties Authority it shall be lawful to Kill or Destroy such Person or Persons And all and every Person or Persons that shall Oppose or Resist by Striking or Firing upon any of the Commanded Parties shall be deemed taken and adjudged Fellons without Benefit of the Clergy And every such Officer that shall omit or neglect his Duty herein shall forfeit Fifty Pounds currant Money of this Province for every such Offence to be Recovered in any of their Majesties Courts of Record within this Province by Bill Plaint or Information wherein is no Effoyn Wager of Law or Protection shall be allowed one moiety thereof to be to their Majesties their Heirs and Successors for and toward the support of the Government of this Province and the contingent Charges thereof and the other moiety to the Informer And all and every Person and Persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Amunition to suth place or places as shall be appointed by any super Officer or Officers and not readily Obey his or their Commands in the Execution of the Premises shall be lyable to such Fine or Corporal Punishment as shall be awarded against them within the Courts to which the Recognizeance of the Fact doth belong FINIS An Act for Granting to their Majesties the Rate of One Penny per Pound upon all the Real and Personal Estates within this Province of New-York c. To be allowed unto his Excellency the Governour for the Care of the Province November the 12th 1692. THe Representatives convened in General Assembly in all humble and dutiful Acknowledgement of their Majesties most Gracious Favour and Regard to the Subjects of this Province by Commissionating and Appointing over them a Person to be their Governour who is endued with most excellent Qualities and hath given most signal Demonstration of his constant Loyalty and Fidelity unto their Majesties by his prudent care and conduct since his arrival into this their Majesties Province and who by his unwearied vigilence hath visited the Frontiers of the same and hath put them into such posture as that all the Subjects are in safety tho' inviron'd with a powerfull Enemy In the deepest Sence thereof become humble Suppliants unto their most Excellent Majesties and pray that they would be graciously pleased to accept as a token of their most Loyal and Sincere Affection unto their Majesties and their Government established here One Penny for every Pound value of all the Real and Personal Estates of all and every the Free-holders and Inhabitants within this their Majesties Province and Dependancies and do likewise humbly pray that your most excellent Majesties would be pleased to give allow the same unto Benjamin Fletcher Esq Capt. General and Governour in chief in and over their Majesties Province of New-York and Territories thereon depending in America and pray that it be so enacted Be it therefore enacted by the Governour and Council and Representatives convened in General Assembly and by the Authority of the same That there be Assessed Levyed and Collected One Penny for every Pounds value of all the Real and Personal Estates of all and every the Free-holders and Inhabitants within this Province and Dependencies to be assessed levyed collected and paid in manner and form following that is to say The one half or moyety of the aforesaid Assesments of One Penny for every Pounds value of all the Real and Personal Estates as aforesaid to be assessed levyed collected and paid unto their Majesties Receiver General at New-York at or before the first day of September next which shall be in the Year of our Lord One Thousand Six Hundred Ninety and Three and the other half or moyety of the said Assesment to be paid in like manner at or before the first day of September then next following which shall be in the Year of our Lord One Thousand Six Hundred Ninety and Four And for the more due and orderly Collection of the Assesment aforesaid Be it further enacted by the Authority aforesaid That the Mayor and Aldermen within the City of New-York for the time being and the Mayor and Aldermen within the City of Albany for the time being and the Justices of the Peace for the time being for the several and respective Counties within this Province for the several Counties respectively for the which they 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
of the Mayor of the respective Cities for the time being and by Warrant of any two Justices of the Peace to the Treasurer of the respective Counties within ten dayes after the Return of the said Representatives from the Assembly An Act to Enable the City and County of Albany to defray their necessary Charge FOrasmuch as the Inhabitants of the City and County of Albany have been during the time of the late Disorders very much agrieved wasted destroyed and impoverished by the Incursions of the French their Majesties declared Enemies and that it is absolutely necessary that some suitable and convenient way should be found out for their Relief and more easie defraying of the necessary Charge of that City and County Be it therefore Enacted by the Governor and Council and Representatives convened in General Assembly and it is hereby Enacted by the Authority of the same That the Imposition or Rate of Two per Cent. shall be raised and levied upon all Indian Goods that are brought up to that City and County of Albany and there sold or consumed And also That the Impost of Three Pence be raised and levied upon each Gallon of Rum that is sold and consumed within that City and County And for the due and orderly collecting of the said respective Imposts and Rates the Treasurer of the said City for the time being or any appointed by him and the Mayor of the said City under the publick Seal of the said City are hereby impowered and authorized to appoint constitute and establish a Collector or Receiver of the Rates and Imposts aforesaid who shall have Power to receive the same and to enter in a fair Book kept for that purpose all such Sum and Sums of Money as shall be so entered and received for the respective Duties aforesaid the said Collector or Receiver appointing certain convenient Times and Places for the keeping of the Office as shall be directed by the Court of Mayor and Aldermen and Assistance of the said City And all Persons that Trade and bring up to the said City and County the afore-mentioned Indian Goods and Rum are hereby required to make a Report of the Quantity and Value of such Goods and Rum they so bring up and sell in the City and County aforesaid and pay the Duties and Imposts hereby established without being at any further Charge than the said Duty And in Default hereof it shall be lawful for the Mayor Treasurer or any other Officer hereby Authorized to issue out his or their Warrant under his or their Hand and Seal for the seizing of all such Goods and Rum as shall be imbezeled and not pay the Duties aforesaid One Third to the Imformer One Third to the said City and County of Albany and One Third to his Excellency the Governour or Commander in Chief for the time being Provided That all the Sum and Sums of Money that are hereby received shall be only appropriated and applyed to the defraying of the necessary Charges of the City and County aforesaid And that the Treasurer Collector or Receiver for the time being shall not pay any of the Money received as aforesaid but by Warrant from the Mayor of the said City and approved by the Court of Aldermen and Assistants Provided That this Act shall only remain in force for the space of three Yearr and no longer any thing contained herein to the contrary in any ways notwithstanding An Act for Establishing a Revenue for the defraying the Publick Charges of the Province FOr the better defraying of the publick and necessary Charges and Expences of this Province which cannot otherwise be effected without great Charge unto Their Majesties Be it Enacted by the Governour Council and Representatives now met in General Assembly and by the Authority of the same That the Duties Customs and Excise hereafter specified be given and granted unto their said Majesties to the intent aforesaid That is to say For every Gallon of Run Brandy and Distilled Liquors that shall be imported into this Province and Dependencies the Sum of four Pence currant Money of this Province And for every Pipe of Madera Wine Fyall St. Georges Candry Malleg● Sherry and all sweet Wines the Sum of Forty Shillings currant Money aforesaid And for every Ho●shead of White Red and Rh●nish Wine the Sum of Twenty Shillings currant Money aforesaid And upon all other Merchandize imported into this Province and Dependencies the S●m of Forty Shillings currant Money aforesaid for every Hundred Pound value at the prime Cost accept these hereafter specified viz. Salt Brink Pa●tills Coals Fish S●gar M●l●ss●s Cotton-Wool Ginger Logword Brazelletto Fustick or any other sort of D●ing Wood Go●oo● Hydes Tob●●co Bullion and Plat● P●rk Oy● Tar Flax ●oap Candles Cheese B●tter B●ef Fish Wh●le-Bone Hopps Apples Pears S●der Fire-wood Planks Boards Peltry Beaver Sheeps Wool Onions Dressed and Undressed Dee●-Skins T●ll●● H●des Salt Honey Bees-Wax Hey-Wax Indian Corn Wheat B●rley Rye Per●e or any other sort of Grain or any other thing of the Growth and Production of our Neighbouring Collonies and Planation in A●●ries And be it further Enacted by the Authority aforesaid That there be also given and granted unto their said M●e●ties for the intent aforesaid upon all Merchandize commonly called by the Name of l●d●●● Ga●d● or Du●●●s Stroads Blankers Plains half Thicks Woolen ●●ookings White O●enburgs Kettles Hatchers Hoes Knives Red Lead V●●mi●ion Cotton Rod Kersies Indian Haberdashery and other Indian Goods the Sum of Ten Pounds currant Money aforesaid for every H●●dred Pounds Value prime cost that shall be carried up H●ds●ns River in any Vessel Sloop Boat or Canow or any other way And that the 〈…〉 pri●● Cost shall be at the Rate hereafter mentioned 〈…〉 all Kett●● that shall contain above eight Gallons shall 〈…〉 of th● Duty viz. 〈◊〉 Duffils to be valued at Two Shillings and Four Pence the Yard 〈◊〉 S●road half a piece Four Pound A whole piece Eight 〈◊〉 Indian Blankets each piece four Pounds Indian plain Cotton per Yard one Shilling and six Pence Indian half thick'd per Yard one Shilling and ten Pence Indian White Ozenburgs the English Ell eight Pence Indian Kettles each hundred weight six Pounds Indian Hat●hets the dozen twelve Shillings Indian Hoes the dozen twelve Shillings Red Lead each Hundred weight twenty Shillings Vermillion per Pound four Shillings Cotton per Yard one Shilling and four Pence Red Kersey per Yard two Shillings and six Pence Knives per dozen three Shillings Indian Shirts per dozen twenty Shillings Indian Drawing Knives Looking-Glasses Indian Wooden Combs Indian Beeds Tobacco in Rolls Indian Bells Scissars Jews Harps Indian Points Drills Tobacco Pipes little painted Boxes Auls Sword Blades Copper Tobacco Boxes Tinsey Lace Indian Gimp Lace Needles Tobacco Tonges Indian Powder Horns Indian Woolen Stockens and Indian Steels the sum of ten Pound currant Money aforesaid for every hundred Pounds Value prime Cost that shall be carried up as aforesaid And for every Barrel of Powder
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
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
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
and every of their former Rights Customs Prerogatives Priviledges Preheminencies Practises Immunities Liberties Franchises Royalties and Usages whatsoever in as full and ample manner as if none of these Changes Alterations Disturbances want of other Forms in the Law or the Non-feizance of any Rights Priviledges or Customs of any of the Corporations aforesaid had never happened or been neglected any thing herein contained or in any other Law to the contrary in any wise notwithstanding Provided That nothing herein contained shall be construed or taken to bar any person or persons of his or their former and just Right or pretences to any House Tract or parcel of Land within this Province Alwayes provided That he or they that have any such just Right or Pretence do make his or their Claim within the space of five Years next after the date hereof And also provided That nothing herein contained shall be intended or construed to the prejudice or hindrance of the Title or Claim of any Person under Age Feme Covert Non Compos Mentis Imprisonment or beyond the Sea 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 WHereas the respective Towns within this Province c. are so circumstanced as to have different and distruct wayes in their Improvements of Tillage and Pasturage and that it is altogether necessary that they may be qualified and made capable in the Law to make such prudential Rules and Orders for the better Improvement of their respective Towns and the Regulating their Fences and High-wayes accordingly Be it therefore Enacted by the Governour and Council and the R●presentatives met in General Assembly and by the Authority of the same That the Free-holders of every respective Town with this Province are hereby Impowered and Authorized to meet and assemble themselves together at such times and places as are appointed and expressed in their respective Grants and Patents and when so assembled to make establish constitute and ordain from time to time such prudential Orders and Rules for the better improving of their respective Lands in Tillage Pasturage or in any other reasonable way as shall by the Majority of the Free-holders so assembled or convened as aforesaid be thought good and convenient And also when the Free-holders of each respective Town within this Province c. are assembled as aforesaid they are hereby further authorized and impowered to make chose and nominate in each of their respective-Towns annually and once every Year Three Persons to be Surveyors and Orderers of the Work for the laying out and the Amendment of the High-wayes and Fences within the Bounds and Limits of their respective Towns within this Province Which Persons so Nominated and chosen shall take upon them the said Office and are hereby impowered to lay out set forth regulate and amend all such High-wayes and Fences as shall be established in such manner form and way as shall be agreed upon and directed by the Majority of the Free-holders of each respective Towns as aforesaid Alwayes provided That such Orders as are made constituted and ordained shall be kept and Registered in the Town 's Books for that purpose and consented to and approved by the next Court of Sessions of the Peace in the Counties where the respective Towns are otherwise to be of no Force nor Virtue whatsoever An Act for Defraying of the Publick and Necessary Charge throughout this Province and for maintaining the Poor and preventing Vagabonds FOrasmuch as it is necessary that each respective County within this Province should have Power to establish a Rate for the Defraying of their respective and publick Charge Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly and by the Authority of the same That there be elected and chosen annually and once every Year in each respective Town within this Province Two Free-holders who are hereby impowered to assess and establish a certain Rate upon each of the Free-holders and Inhabitants within their Respective Towns which Assesment or certain Rate shall upon a certain day as the Inhabitants of the respective Towns shall appoint be delivered to a certain Free-holder which shall be likewise chosen in each respective Town aforesaid to supervise and examine the publick and necessary Charge of each respective County Which Person so duely chosen shall elect and constitute a certain Treasurer for each respective County which Treasurer shall make such payments for the defraying of all the publick and necessary Charges of each respective County as shall be appointed and ordered by the Persons so chosen for the supervising the publick Charges of each respective County And be it further provided by the Authority aforesaid That any such Assesment or Rate made ordained or appointed by the Persons so chosen shall be collected and gathered by the Constable or any other Person chosen or appointed thereunto as also if any person or persons shall refuse to pay the said Assesment or Rate that it may be lawful for them that are chosen as aforesaid and they are hereby Authorized to issue out their Warrants to the Constable under their Hands and Seals or any other Persons appointed by them to collect and levy the same by Distress on their Goods and Chattels And be it further Enacted by the Authority aforesaid That the Treasurer of each respective County within this Province shall keep a distinct Book of Accompts containing a particular Accompt of all the Money Rates and Assesments aforesaid and also of all Disbursments and Payments by warrant aforesaid and once every Year he shall bring in his Accompts to such persons as shall be appointed for the audit of the same under the Penalty of one Hundred Pounds except prevented by Death or Sickness And further whereas it is the Custom and Practice of their Majesties Realm of England and all the adjacent Collonies in America That every respective Town and Parish doth take care and provide for the Poor who do inhabit in their respective Precincts as aforesaid Therefore it is Enacted by the Authority aforesaid That for the time to come the respective Free-holders elected and chosen as aforesaid in every Town Parish and Precinct shall make provision for the maintenance and support of their Poor respectively And for the Prevention and Discouragement of Vagabonds and Idle Persons to come into this Province from other parts and also from one part of the Province to another Be it Enacted by the Authority aforesaid That all Persons that shall come to inhabit within this Province or any part or place thereof and hath not a visible Estate or hath not a manual Occupation shall before he be admitted an Inhabitant give sufficient Surety That he shall not be a burden or Charge to the respective place he shall come to inhabit Which Security shall continue for two Years Provided alwayes That all those that have manual
their Heirs or Successors or expire by their own Limitation That in all cases of Death or absence of any of the said Representatives the Governour for the time being shall issue out a Writ of Summons to the respective Cities Towns Counties Divisions or Mannors for which he or they so deceased or absent were chosen Willing and Requiring the Free-holders of the same to elect others in their place and stead That no Free-man shall be taken or imprisoned or be deprived of his Free-hold or Liberty or free Customs or Out-Lawed or Exiled or any other wayes destroyed nor shall be passed upon adjudged or condemned but by the lawful Judgment of his Peers and by the Law of this Province Justice nor Right shall be neither Sold Denyed or Delayed to any Person within this Province That no Aid Tax Talliage or Custom Loan Benevolence Gift Excise Duty or Imposition whatsoever shall be laid assessed imposed levied or required of or on any of Their Majesties Subjects within this Province c. or their Estates upon any manner of Colour or Pretence whatsoever but by the Act and Consent of the Governour and Council and Representatives of the People in General Assembly met and convened That no Man of what Estate or Condition soever shall be put out of his Lands Tenements nor taken nor imprisoned nor disinherited nor banished nor any ways destroyed or molested without first being brought to answer by due course of Law That a Free-man shall not be amerced for a small Fault but after the manner of his Fault and for a great Fault after the greatness thereof saving to him his Free-hold and a Husband-man saving to him his Wainage and a Merchant saving to him his Merchandize and none of these Amercements shall be assessed but by the Oath of Twelve Honest and Lawful men of the Vicinage Provided the Faults and Misdemeanours be not in Contempt of Courts of Judicature All Tryals shall be by the Verdict of Twelve Men and as near as may be Peers or Equals and of the Neighbourhood of the place where the fact shall arise or grow whether the same be by Indictments Declaration Information or otherwayes against the Person Offender or Defendant That in all Cases Capital and Criminal there shall be a grand Inquest who shall first present the Offence and then Twelve Good Men of the Neighbourhood to Try the Offender who after his Plea to the Indictment shall be allowed his reasonable Challanges That in all Cases whatsoever Bayl by sufficient Sureties shall be allowed and taken unless for Treason and Fellony plainly and specially expressed and mentioned in the Warrant of Commitment and that the Fellony be such as is restrained from Bayl by the Laws of England That no Free-man shall be compelled to receive any Souldiers or Marriners except Inholders and other Houses of publick Entertainment who are to quarter for ready Money into his House and there suffer them to sojourn again their Wills provided it be not in time of actual War within this Province That no Commission for proceeding by Martial Law against any of Their Majesties Subjects within this Province c. shall issue forth to any Person or Persons whatsoever least by colour of them any of their Majesties Subjects be dèstroyed or put to Death except all such Officers and Souldiers that are in Garrison and in pay during the time of actual War That all the Lands within this Province shall be esteemed and accounted Lands of Free-hold and Inheritance in free and common Soccage according to the Tenor of East-Greenwich in their Majesties Realm of England That no Estate of a Feme Covert shall be sold or conveyed but by Deed acknowledged by her in some Court of Record the Woman being secretly examined if she doth it freely without threats or compulsion of her Husband That all Wills in Writing attested by three or more credible Witnesses shall be of the same force to convey Lands as other Conveyances being proved and Registered in the proper Offices in each County within days after the Testators Death That all Lands and Heritages within this Province and Dependencies shall be free from all Fines Lisences upon Alienations and from all Heriots Wardships Liveries Primiers Seizins Year and Day and Waste Escheat and Forfeiture upon the Death of Parents and Ancestors Natural Unnatural Casual or Judicial and that forever Cases of High-Treason only excepted That no Person of what Degree or Condition soever throughout this Province chosen appointed or commissionated to officiate or execute any Office or Place Civil or Military within this Province c. shall be capable in the Law to take upon him the charge of such Place before he hath first taken the Oathes appointed by Act of Parliament to be taken in lieu of the Oathes of Supremacy and Allegiance and subscribe the Test That no Person or Persons which profess Faith in God by Jesus Christ his only Son shall at any time be any way molested punished disturbed disquieted or called in question for any Difference in Opinion or matter of Religious Concornment who do not under that pretence disturb the Civil Peace of the Province c. And that all and every such Person and Persons may from time to time and at all times hereafter freely have and fully enjoy his or their Opinion Perswasions and Judgments in matters of Conscience and Religion throughout all this Province and freely meet at convenient Places within this Province and there Worship according to their respective Perswasions without being hindered or molested they behaving themselves peaceably quietly modestly and Religiously and not using this Liberty to Licentiousness nor to the civil Injury or outward Disturbance of others Alwayes provided That nothing herein mentoined or contained shall extend to give Liberty to any Persons of the Romish Religion to exercise their manner of Worship contrary to the Laws and Statures of their Majesties Kingdom of England An Act for the Allowance to the Representatives WHereas the several Representatives of the Assembly cannot officiate and discharge that honourable and great Trust reposed in them without being at great Charge and Expence Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly and it is hereby Enacted by the Authority of the same That the Wages or the Allowance to each Representative of the People shall be Ten shillings currant Money of this Province per Diem to commence from their coming out till their return Home Alwayes provided it shall not exceed eight dayes before the meeting of the Assembly and eight dayes after their adjourning proroguing or dissolving of the same And be it further Enacted by the Authority aforesaid That each respective City and County throughout this Province shall bear and defray the Charge of their own Representatives which Charge or Allowance as aforesaid shall be paid to the respective Representatives by the Treasurer of each respective City and County by warrant under the Hand and Seal
Usage to the contrary in any wise notwithstanding And be it further Enacted by the Authority aforesaid That this Pardon by the general Words Clauses and Sentences before rehearsed shall be reputed deemed and adjudged expounded allowed and taken in all manner of Courts of their Majesties most beneficial and available to all and singular the said Subjects and to every of them in all things not in this present Act excepted without any ambiguity questions or other delay whatsoever to be made pleaded objected or alledged by their Majesties their Heirs or Successors or their or any of their General Attorney or Attorneys or by any person or persons for their Majesties or any of their Heirs and Successors Excepted and alwayes for-prized out of this general Pardon all and every the Persons hereafter named and expressed Jacob Leysler Jacob Millboures Cherrardus Beekm●n Abraham Governeer Abraham Brasier Thomas Williams Minardt Coerten Johannis Wermilisaen already attainted of Treason and Murder Nicholas Blank Gerret Duykin Henrick Jansin John Coe William Lawrance of East-Jarsey Cornelius Plevier William Churchill cost Stoll Samuell Staats Jacob Mauritz Robert Leacock Michael Hausen Richard Pouten of the County of Westchester Joseph Smith John Baily Roulous Swartwood Anthony Swartwood Johannes Provest Jacob Mullein Benjamin Blagg Joachem Staates And Richard Pretty The End of the First Sessions Several Acts made by the General Assembly in their Second Sessions begun the 8th of September Annoque Domini 1691. and in the third Year of Their Auspicious Majesties King William and Queen Mary An Act for the Regulating Damages done in the time of the late Disorders and for the uniting 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 the usual places of their Abode FOrasmuch as many of their Majesties Subjects have lately absented themselves from the usual places of their Abode and others through causless fears have also with-drawn themselves out of this Province by which means Trade is lessened the Strength of the Province is weakened and their Families injured And whereas it is highly necessary at this Juncture being a time of War and great danger that the Minds of the Subjects in this Province should be heartily united And forasmuch as in the time of the late Disorders when Jacob Leysler lately attainted and executed had usurped a Power and pretended a Government over their Majesties Subjects within this Province many Hurts Injuries Wrongs and Damages were done unto their Majesties good and faithful Subjects by those that were aiding and assisting unto him in his usurped Power and Government as aforesaid And it being likewise necessary that all their Majesties Subjects as aforesaid should have some just and reasonable Satisfaction from those that have injured them and that it is apparent that many through Ignorance and Fear have been led aside to do the Hurts and Harms as aforesaid and if such be prosecuted by the common Process of the Law may tend to the utter Ruin of them and their Families and no wayes recompence the Injuries done and those that are most able to satisfie the Damages and have been most active in prosecuting the same escape free And forasmuch as the general Peace and Security of their Majesties Government over this Province cannot be firmer established than that all those that have so absented themselves return again to their respective Abodes and Habitations and that al their good Subjects heartily unite in the common Defence of the same against all Enemies whatsoever And for the effectual doing thereof and that a just and equitable Satisfaction may be made to the Person injured by those that have been active as aforesaid in such equal and just Proportions as the Circustances of the Fact will admit ●e it therefore Enacted by the Commander in chief and Council and the Representatives convened in General Assembly and by the Authority of the same That in each of the respective Cities and Counties hereafter named and expressed there shall be constituted and commissionated under their Majesties Seal of this Province five Commissioners who are hereby impowered and authorized at such certain dayes and places as they shall conveniently appoint to meet and assemble together and at such their Assemblies and Meetings to receive in Writing the Claims and Demands of such of their Majesties Subjects that have been hurt or have received Damage in their Estates by the force or violence of any Person or Persons imployed or pretended to be imployed by Jacob Leysler lately attainted and executed or any under or associated with him And after they have received such Claims and Demands as aforesaid they are then to cause the Constable of the respective Towns where the Persons complained against do reside or any other Person the said Commissioners shall think fit to appoint to summon the parties complained against to make their Personal Appearance before them at a certain day of which the Complainants shall have notice and be likewise present and upon their appearance strictly to examine and to enquire into the matter of Fact and Damage alledged and upon denyal of the Fact to summon and call before them such Person or Persons that know any thing of the Fact or Damage alledged or can give Evidence thereof and the said Commissioners are hereby impowered and authorized to administer an Oath or Oathes unto such person or persons that shall be so summoned before them that the Truth may be the better discovered And upon their hearing and examining of the Parties and enquiring into the matters of Fact and Damage as aforesaid they are hereby further impowered and authorized to assess the Damage in Truth and Equity as it shall appear unto them and not otherwise and such ●ssessments of the Damages shall betaxed on the Offendors in such just and equal Proportions as to them shall seem meet in equity and good Conscience and after such their Assesment and Taxation as aforesaid shall order and decree the Offendors or Defendants to pay the sum so assessed and taxed in manner aforesaid unto the Complainants or give sufficient security that they shall pay the same at a reasonable day after this their Decree and Determination All which Assesments Taxations Decrees and Determinations done and made in manner and form as aforesaid shall be good and effectual in the Law and a good and sufficient Discharge unto the Defenders forever according to the true intent and meaning hereof any thing contained herein or in any other Law to the contrary hereof in any wise notwithstanding Alwayes provided and be it further Enacted by the Authority aforesaid That all Persons that have been harmed injured and damaged in manner aforesaid and are at the publication hereof within this Province shall bring in their Claims and Demands into such place or places as shall be appointed by the Commissioners in the respective Cities and Counties hereafter named within forty dayes otherwise they
respective Habitations or places of their Abode within this Province and there use exercise and follow their respective Occupations as accustomed where they shall remain without any other let or molestation than what is required by this Act and freely possess and enjoy all their Benefits and Protections of their Majesties Laws of England and this Province Alwayes provided and be i● further Enacted by the Authority aforesaid That if any Person or Persons concerned in the Premises as aforesaid shall neglect to return or repair to their respective Habitations or places of their Abode in this Province within the time 〈◊〉 and expro●●ed except all such as shall be at the Publich 〈…〉 beyond the Seas Then and in such case such Person o● 〈…〉 deemed and esteemed Contemners of their Majesties Authority and Government over this Province and loose all the Benefits and Advantages intended them by this Act and all and every of their respective Estates both Real and Personal shall be liable and extended to make Satisfaction to all such Suits or Demands as shall be made in due Form of the Law against them any thing contained herein to the contrary hereof in any wayes notwithstanding An Act to divide this Province and Dependencies into Shires and Counties FOrasmuch as Mistakes may arise about the Limits and Bounds of the respective Counties within this Province for Prevention whereof Be it Enacted by the Commander in Chief and Council and Representatives and by the Authority of the same That the said Province be divided into twelve Counties as followeth The City and County of New-York to contain all the Island commonly called Manhattans Island Manmings Island the two Barran Islands and the three Oyster Islands Manhattans Island to be called the City of New-York and the rest of the Islands the County The County of Westchester to contain East and Westchester ●rouxes Land Fordham Mannor of Pellham Minfords Islând Richbills Neck and all the Land on the Main to the Eastward of Manhattans Island as far as the Government at present extends and the Yonkers Land And Northwards along Hudsons River as far as the High-Land The County of Vlster to contain the Towns of Kingstone Hurley and Marble Town Foxhall and the New Pellz and all Villages Neighbourhoods and Christian Habitations on the West side Hudson's Riven from the Murderers Creek near the High-Lands to the Sawyers Creek The County of Albany to contain the Mannor of Ransleerswick Schactady and all the Villages Neighbouhoods and Christian Plantations on the East side of Hudsons River from the Roel of Jansens Creek And on tho West side from the Swyers Creek to the utmost end of Sarraghtoga The Dutches County to be from the Bounds of the County of Westchester on the South side the High Lands along the East side of Hudsons River as far as Roel of Jansens Creek And Eastward into the Woods twenty Miles The County of Orange to begin from the Limits and Bounds of East and West Jarsey on the West side of Hudsons River along the said River to the Murderers Greek or Bounds of the County of Vlster And Westward into the Woods as far as Delaware River The County of Richmond to contain all Staten Island Shooters Island and the Islands of Meddow on the West side thereof Kings County to contain the several Towns of Bushwick Bedford Brookline Flatbush Flatlands Neuwtrucht and Graves-End with the several Settlements and Plantations adjacent Queens County to contain the several Towns of Newtown Jamaica Flushing Hemstead Oyster-Bay with Horse Neck and the several out-Farms Necks Settlements and Plantations adjacent and the Island called the Two Brothers and Hullets Island The County of Suffolk to contain the several Towns of Huntington Smithfield Brookhaven Southampton Southold Easthampton to Montauk Point Shelters Island Isle of Wight Fishers Island and Plumb Island with the several Out-Farms Settlements and Plantations adjacent Dukes County to contain the Island of Mantucket Martins Vineyard Elizabeth Island and No Mans Land The County of Cornwall to contain Pemy Quid and all the Territories in those parts with the Islands adjacent An Act for the raising and paying one Hundred and Fifty Men to be forthwith raised for the Defence and Re-inforcement of Albany for six Moneths WHereas the Fronteers of Albany are in eminent danger to be lost being daily threatened to be invaded by the French their Majesties declared Enemies And forasmuch as the safety of this and all their Majesties Neighbouring Plantations doth only depend on having that place well secured and for the e●●ctual doing thereof Application hath been made unto the Neighbouring Plantations but hath had no effect and there being now ●an● absolute necessity for the Re-inforcing of the Fronteers of this Province in the County of Albany as well for the securing their Majesties neighbouring Plantations as for the preserving the Indians and this Province Be it therefore Enacted by the Commander in chief and Council and Representatives convened in General Assembly and by the Authority of the same That the Commander in chief do raise one hundred and fifty Men with their proper Officers for the Reinforcement of the Fronteers of this Province in the County of Albany aforesaid which shall remain in the said County for the Defence thereof six Moneths to commence on the first day of November next and to end the first day of May then following And for the paying and maintaining the said one hundred and fifty men and their proper Officers Be it therefore Enacted by the Authority aforesaid That a Levy of fifteen Hundred Pounds currant Money of this Province be laid assessed raised and levied upon all and every of the Inhabitants Residents and Freeholders of and in this Province for the paying and maintaining of the said one hundred and fifty men and their proper Officers for six Months as aforesaid and for no other use intent or purpose whatsoever To be laid assessed raised levyed and paid to their Majesties Collector and Receiver General for the time being at their Majesties Custom-house in the City of New-York on the 25th day of March next ensuing which shall be in the Year of our Lord 1692. according to the Rates and Proportions following that is to say For the City and County of New-York Three Hundred Pounds For the City and County of Albany one hundred and thirty Pounds For the County of Westchester one hundred and five Pounds For the County of Richmond Ninety Pounds For the County of Vlster and Dutches County one hundred and eighty seven Pounds ten Shillings For the County of Suffolk two hundred and sixty two Pounds ten Shillings For Kings County one hundred ninety five Pounds For the County of Orange eleven pound five Shillings For Dukes County eighteen pound fifteen Shillings And be it further Enacted by the Authority aforesaid That for the better assessing raising paying the sum of one thousand five hundred Pounds aforesaid The Mayor and Aldermen in the City of New-York the Mayor and
him with such further allowance for his pains as the said Justices or any of them shall judge reasonable And if the said Justice or Justices shall neglect to issue the said Warrant he or they respectively shall forfeit five Pound currant Money aforesaid And if the said Constables or any of them fail of their Duty herein they shall respectively forfeit five Pound currant Money aforesaid And the Church-Wardens so chosen shall undertake the said Office and receive and keep a good Account of the Monyes or Goods levyed by virtue of this Act and the same issue by order from the said Justices and Vestry-men of the respective Cities Counties Precincts and Parishes aforesaid for the purposes and intents aforesaid and not otherwise And the Church-Wardens shall as often as thereunto required yeild an Account unto the Justices and Vestry-men of all their Receipts and Disbursements And in case the Church-Wardens or any of them shall neglect their Duty herein they shall respectively forfeit five Pound currant Money aforesaid for every refusal And be it further Enacted by the Authority aforesaid That the said Church-Wardens in their respective Precincts aforesaid shall by Warrant as aforesaid pay unto the respective Ministers the Maintenance aforesaid by four equal and quarterly Payments under the Penalty and Forfeiture of five Pound currant Money aforesaid for each neglect refusal or default The one half of all which Forfeitures shall be disposed of to the use of the Poor in each respective Precinct where the same doth arise and the other half to him or them that shall prosecute the same Alwayes provided and Be it further Enacted by the Authority aforesaid That all and every of the respective Ministers that shall be settled into the respective Cities Counties and Precincts aforesaid shall be called to officiate in their respective Precincts by the respective Vestry-men and Church Wardens aforesaid And alwayes provided That all former agreements made with Ministers throughout this Province shall continue and remain in their full force and virtue any thing contained herein to the contrary hereof in any ways notwithstanding An Act confirming continuing unto their Majesties the Revenue established by an Act of General Assembly made in the 4th Year of their Majesties Reign for defroying the publick and necessary Charges of the Government five Years longer than the Term therein mentioned THe Representatives convened in General Assembly taking into their serious Consideration the extraordinary Expence that the Desence of this Province requires from their Majesties during this term of War and being willing on all occasions to give Demonstration of their constant Loyalty and dutiful Affections unto their most Excellent Majesties do humbly pray and beseech that the Revenue given and granted unto their most Sacred Majesties for the term of Two Years by an Act of General Assembly made in the fourth Year of their Majesties Reign Enituled An Act for establishing a Revenue upon their Majesties for the defraying the Publick and Necessary Charges of the Government may be continued and confirmed unto their most Excellent Majesties for the time and space of five Years next after the expiration of the Term of the two Years aforesaid and humbly beseech 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 the Rates Duties and Excise made payable upon Merchandizes Furs and Liquors shall be levyed collected and paid unto their most Excellent Majesties for the term and space of five years next and after the expiration of the term limitted in the said Act to commence and be computed from the 18th day of May which shall be in the Year of our Lord 1695. according to such Rules and Directions and under such Pains and Porseitures as is contained and enjoyned by the said Act. And the aforesaid Act and every Article Rule and Clause therein mentioned shall be abide and remain in full force and effect to all intents and purposes during the said Term of five Years and no longer as fully and in like manner as if the same were particularly and at large recited and set down in the Body of this Act any thing contained therein to the contrary hereof in any wayes notwithstanding Province of New-York ss Anno Regni Gulielmi Mariae REGIS REGINAE Angliae Scotiae Franciae Hiberniae QUINTO An ACT for Restraining and Punishing Privateers and Pyrates WHereas nothing can more contribute to their Majesties Honour than such Articles as are concluded and agreed on in all Treaties of Peace should by all their Majesties Subjects according to their Duty be most inviolably preserved and kept in and over all their Majesties Dominions and Territories And whereas against such Treaties of Peace made between their Majesties and their Allies several of their Majesties Subjects do continually said under Commissions of Forreign Princes and States contrary to their Duty and good Allegiance and by fair means cannot be restrained from so doing Be it therefore Enacted by the Governor Council and Assembly and it is hereby Enacted by the Authority of the same That from and after Publication hereof it shall be Fellony for any Person which now doth or hereafter shall inhabit in or belong to this Province to serve in America in an Hostile manner under any Forreign Prince State or Potentate in Amity with their Majesties without special Lisence for so doing under the Hand and Seal of their Majesties Governor 〈◊〉 Commander in Chief of this Province for the time being and that all and every such Offender and Offenders contrary to the true intent of this Act being thereof duely convicted in their Majesties Court of Judicature within this Province to which Courts Authority is hereby given to hear and determine the same as other cases of Fellony shall suffer pains of Death without benefit of Clergy Provided nevertheless that this Act nor any thing therein contained shall extend to any Person or Persons which now are or have been in the Service or Imployment of any forreign Prince State or Potentate whatsoever that shall return to this Prôvince and leave and desert such Service and Imployment before the first day of September next ensuing rendring themselves to their Majesties Governour or Commander in Chief for the time being and giving such Security as he shall appoint for their future good Behaviour and also that they shall not depart this Province without the Lisence of their Majesties Governour or Commander in chief And for the better and more speedy Execution of Justice upon such who having committed Pyracies Fellonies and other Offences upon the Sea shall be apprehended in or brought prisoners to this Province Be it further enacted by the Authority aforesaid That all Fellonyes Pyracies Roberies Murders or Confederacies committed that hereafter shall be committed upon the Sea or in any Haven Creek or Bay within the Jurisdiction of the Admirality shall be enquired tryed heard determined