An Act for the quieting and settling the Disorders that have lately happened within this Province, and for the establishing and securing their Majesties present Government against the like Disorders for the future.

FOrasmuch as the Good and Quiet, Ease, Profit, Benefit and Ad­vantage of the Inhabitants within this Province doth chiefly consist in, and altogether rely and depend upon their bearing true Faith and Allegianee unto their Majesties Crown of England, which is, and can only be the support and Defence of this Province. And whereas the late hasty and inconsiderate Violation of the same, by the setting up a Power over Their Majesties Subjects, without Authority from the Crown of England, hath vitiated and debauched the Minds of many People, &c. and hath also brought great Waste, Trouble and Destruction upon the good People of this Province, their Majesties Loyal Subjects. For the Pre­vention whereof, in time to come, Be it therefore Enacted and Ordained by the Governour and Council, and Representatives met in General As­sembly, And it is hereby Published, Declared, Enacted and Ordained, by the Authority of the same, That there can be no Power and Authority held and exercised over their Majesties Subjects in this their Province and Dominion, but what must be derived from their Majesties, their Heirs and Successors. And we do hereby Recognize and Acknowledge, That Their Majesties, William and Mary, are, and as of Right they ought to be by the Laws of the Realm of England, our Leige Lord and Lady, KING and QUEEN of England, France and Ireland, and the Domi­nions thereunto belonging, &c. That thereby their Princely Persons are only invested with the Right to Rule this their Dominions and Province, and that none ought or can have Power, upon any Pretence whatsoever, to use or exercise any Power over Their Subjects in this Province, but by their Immediate Authority under Their Broad Seal of Their Realm of England, as now established.

And be it further Enacted by the Authority aforesaid, That what­soever Person or Persons shall by any manner of way, or upon any pretence whatsoever, endeavour by Force of Arms or otherways, to disturb the Peace, Good and Quiet of this Their Majesties Government, as it is how established, shall be deemed and esteemed as Rebels and Traytors unto Their Majesties, and incur the Pains, Penalties and For­feitures, as the Laws of England have, for such Offences, made and provided.

An Act for Establishing Courts of Judicature for the Ease and Benefit of each respective City, Town and County within this Province.

WHereas the orderly Regulation, and the establishment of Courts of Justice throughout this Province, as well in the respect of Time as Place, doth tend very much to the Honour and Dignity of the Crown, as well as to the Ease and Benefit of the Subject, Be it Enacted by the Governour & Council, and Representatives convened in General Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That every Justice of the Peace that refides within any Town or County within this Province, are hereby fully impowered and autho­rized to have Cognizance of all Causes, Cases of Debts and Trespass to the value of Forty Shillings, or under; which Causes and Cases shall he heard, tryed and finally determined without a Jury, by every Justice of the Peace that resides within any Town or County within this Province, he taking to his Assistance, at the time of his hearing and determining such Cause or Cases of Debt and Trespass to the value of Forty Shillings and under, one of the Free-holders of the Town and place where the cause of Action doth arise. The Process of warning, shall be by a summons under the Hand of the Justice, directed to the Con­stable of the Town or Precinct, or any deputed by him, where the Party complained against doth live. Which Summons being Personally served, or left at the Defendants House two days before the Day of Hearing of the Plaint, shall be sufficient Authority to and for a said Justice, assisted with one of the Free-holders, as aforesaid, to proceed on such Cause and Causes, and determine the same in the Defendants absence; and to grant Execution thereon, against the Defendants Person, or for want thereof his Estate, which the Constable of the Town or Pre­cincts, or his Deputy, shall and may serve.

Always provided, and be it further Enacted by the Authority afore­said, That if the Plantiff or Defendant shall desire a Jury, it shall be allowed, but at the proper Cost and Charges of the Person desiring the same.

And for the Increase of Virtue and Discouraging of Evil-doers throughout this Province, Be it further Enacted by the Authority afore­said, That there shall be held and kept in every respective City and County within this Province (at the Times and Places hereafter named and expressed) a Court of Sessions of the Peace, that is to say,

For the City and County of New-York, at the City Hall of the said City four times every Year, viz. The first Tuesday in May, the first Tuesday in August, the first Tuesday in November, and the first Tuesday in February.

• For the City and County of Albany, at the City Hall of the said City, the first Tuesday in June, the first Tuesday in October, and the first Tuesday in February.
• For Westchester at Westobester the first Tuesday in June, and the first Tuesday in December.
• For Ʋlster, 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 [Page 4]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 what­soever, shall or may, if they shall so see meet, commence or remove any Action or Suit, the Debt or Damage laid in such Action or Suit being upwards of Twenty Pounds, and not otherwise; or shall or may by Warrant, Writ of Error, or Certiorari, remove out of any of the respective Courts of Mayor and Aldermen, Sessions and Common Pleas, any Judgment, Information or Indictment there had or depending; and may correct Errors in Judgment, or Reverse the same, it there be just cause. Provided always, That the Judgment removed shall be up­wards of the value of Twenty Pounds.

Always provided , and be further Enacted by the Authority aforesaid. That this Supream Court shall be duely and constantly kept once every fix Moneths, and no oftner; That is to say, On the first Tuesday of October, and on the first Tuesday of April annually, and every Year, at the City Hall of the said City of New-York; provided they shall not sit longer than eight dayes.

And be if further Enacted by the Authority aforesaid, That it shall not be lawful for any Person or Persons whatsoever, appointed, or elected, or commissionated to be a Justice or Judge of the aforesaid Courts, to execute or officiate his or their said place or Office until such Time he or they shall respectively take the Oathes appointed by Act of Parlia­ment, to be taken in stead of the Oathes of Allegiance and Supremacy, and subscribe the Test in open Court.

And be it further Enacted by the Authority aforesaid, That all and every of the Justices of Judges of the several Courts before-mentioned, be, and are hereby sufficiently impowered to make, order and establish all such Rules and Orders, for the more orderly practising and proceeding in their said Courts, as fully and amply to all intents and purposes whatsoever, as all or any of the said Judges of the several Courts of the Kings Bench, Common Pleas and Exchequer in England legally do.

Provided alwayes, and be it further Enacted by the Authority afore­said, That no Persons Right or Property shall be by any of the afore­said Courts determined, except where matters of Fact are either acknowledged, or passeth by the Defendants Fault for want of Plea or Answer, Unless the Fact be found by the Verdict of Twelve Men of the Neighbourhood, as it ought of Right to be done by the Law.

Be it further Enacted by the Authority aforesaid, That there shall be a Court of Chancery within this Province, which said Court shall have Power to Hear and Determine all Matters of Equity, and shall be esteemed and accounted, The High Court of Chancery of this Province.

And be it further Enacted by the Authority aforesaid, That the Go­vernour and Council be the said High Court of Chancery, and hold and keep the said Court; and that the Governour may depute nominate and appoint, in his stead, a Chancellor, and be assisted with such other Persons of the Council as shall by him be thought fit and convenient, together with all necessary Officers, Clerks, and Registers, as to the said High Court of Chancery are needfull.

Provided alwayes, and it is hereby further Enacted by the Authority aforesaid, That any Free-holder, Planter, Inhabitant or Sojourner within this Province, may have Liberty, if he or they see meet, to make his or their Appeal or Appeals, form any Judgment obtained against him or them, in case of Error, in the several courts aforesaid, in such manner and form as is hereafter expressed, That is to say, From the Court of Mayor and Alderman, and Courts of Common Pleas. To the Supream Court, for any Judgment above the value of Twenty Pounds; And from the Supream Court at New-York, to the Governour and Council, for any Judgment above the value of One Hundred [Page 6]Pounds: And from the Governour and Council To their Majesties Counceil, for any Decree or Judgment above the Value of Three Hundred Pounds, as in Their Majesties Letters Patents to his Excellency doth and may more fully appear. Alwayes provided, That the Party or Parties so Appealing, shall first pay all Cost of such Judgment or Decree from which the Appeal ariseth, and enter into Recognizeance, with two sufficient Sureties, for double the value of the Debt, Matter or Thing recovered or obtained by Judgment or Decree against him or them, to the said Court from which they Appeal, That they will prose­cute the said Appeal or Appeals with Effect, and make Return thereof wîthin Twelve Months after the said Appeal or Appeals here made. And if Default happen thereon, then Execution to issue out upon the Judgment, against the Party, or their Sureties, in course, without any Scire facias. Provided alwayes, That the establishing of these Courts shall not be or remain longer in force than for the time and space of two Years, and until the end of the sitting of the next Assembly after the expiration of the said two Years.

An Act for the Settling, Quieting and Confirming unto the Cities, Towns, Mannours and Free­holders within this Province, their several Grants, Patents and Rights respectively.

FOrasmuch as the many Changes, Alterations and Disturbances that have been lately given unto their Majesties Subjects inhabit­ing within this their Province, &c. hath and doth very much discourage the settling, improving and the growth and strength thereof; and that it is now absolutely necessary for the quieting and satisfying their Majesties good Subjects within the same, that the Rights and Priviledges formerly held by and granted to the respective Cities, Towns, Mannors and Free-holders within this Province, &c. should be now ratified and confirmed,

Be it therefore Enacted by the Governour, Council, and Representa­tives convened in General Assembly, And it is hereby Enacted and Declared by the Authority of the same, That all the Charters, Patents, Grants made, given and granted, and well and truly executed under the Seal of this Province, constituted and authorized by their late and present Majesties, the Kings of England, and Registered in the Secretary's Office, unto the several and respective Corporations or Bodies Politick of the Cities, Towns and Mannors, and also to the several and re­spective Free-holders within this Province, are and shall forever be deemed, esteemed and reputed good and effectual Charters, Patents and Grants authentick in the Law, against their Majesties, their Heirs, [Page 7]and Successors forever, notwithstanding of the want of Forms in the Law, or the Non-feizance of any Right, Priviledge, or Custom, which ought to have been done heretofore by the Constitutions and Directions contained in the respective Charters, Patents and Grants aforesaid.

And be it further Enacted by the Authority aforesaid, That all the Charters, Patents and Grants, made, given and granted, as aforesaid, unto all and every the several and respective Corporations or Bodies Politick of the Cities, Towns and Mannors, and their Successors, and also unto all and every the respective Free-holders, their Heirs & Assigus forever within this Province, are to all intents and purposes whatsoever hereby Ratified and Confirmed, To Have, Hold, Exercise, Occupy, Possess and Enjoy all their, 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 High­ways, 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 High­wayes accordingly. Be it therefore Enacted by the Governour and Council, and the R [...]presentatives met in General Assembly, and by the [Page 8]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 [Page 9]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 Crafts or Occu­pations, may at all times come and inhabit in any place within this Province, and be alwayes admitted, provided he maketh Application within eight days after his arrival in any City, Town or County, as aforesaid, unto such person or persons as are appointed for Governing the respective parts.

And also, all Vessels that shall bring any Passengers into this Province, the Masters of such Vessels shall within four and twenty Hours after arrival, bring a List of such Passengers he brings into the Province, with their Quality and Conditions, unto the chief Magistrates of each respective City, Town or County, as aforesaid, under the Penalty of Ten Pounds currant Money of this Province.

Alwayes provided, That if any Vessel bring in any Person as aforesaid, not able to give Surety for their well demeanour, that then, and in such case, That the Master of such Vessel or Vessels shall be obliged to Transport all such to the place from whence they came, or at least out of this Province and Dependencies.

And also, if any Vagabonds, Beggars, or others, remove from one Town to another, and cannot give Security, as aforesaid, It shall be lawful to the Constable to return such Persons to the Town from whence they came.

An Act for settling the Militia.

WHereas the present State and Condition of this Province doth of necessity require, that the Inhabitants thereof should be well armed, and trained up in Art Military, as well for the Honour and service of their most excellent Majesties, as the Preservation of their own Lives and Fortunes, Be it Enacted and Ordained by the Go­vernour and Council, and Representatives convened in General Assembly, And it is hereby Enacted and Ordained by the Authority of the same, That no Person whatsoever from Fifteen to Sixty Years of Age remain unlisted by themselves or Masters, Mistrisses or Imployers, under the Captains in their respective places of abode, in Foot or Horse, the space of one Kalander Moneth after their arrival; or coming to reside or sojourn in any place within this Province, on Penalty of Twenty Shillings, and so for every Moneth such Person shall remain unlisted. And that every Foot Souldier be provided with a well fixed Musquet or Fusee, or if the Officer so appoint, with a good Pike, or Sword, or Lance and Pistol; each Musquetcer six Charges of Powder, and one Cartouch Box, and so shall appear when and where appointed, upon penalty of five Shillings for his default in not appearing, and three Shillings for want of each Charge of Powder, Gun, Pike, Sword, Pistol or Cartouch Box, so as the whole Penalty for any Person at one time exceed not ten Shillings. And that every Souldier belonging to the Horse, shall, when and where commanded, appear, and be provided with a good serviceable Horse of his own, covered with a good Saddle, with Holsters, Brest-plate and Crupper, and a Case of good Pistols, Hanger, Sword or Rapier, and half a pound of Powder, with twelve serviceable Bullets, on penalty of Ten Shillings for each times absence, [Page 11]and five Shillings for default of each of the particulars above mentioned, so as the whole Penalty for one time exceed not fifteen Shillings. And that every Foot Souldier shall have at his Habitation and Abode one pound of good Powder, and three pound of sizeable Bullets. And every Trooper have at his usual place of Abode, a well fixed Carbine, with Belt and Swivel, and two Pounds of fine Powder, with six pounds of sizeable Bullets, on penalty of ten Shillings for each default; and that each of them shall bring the same into the Field, when commanded, upon Penalty of answering the same at a Court Martial.

And for the supply of the Troops of Horse in the Cities of New-York and Albany, and County of Ʋlster, it shall be in the Power of the Collonol or chief Officer of the Militia of the City of New-York, County of Albany, and County of Ʋlster, for the time being, whensoever any of the said Troops shall not compleat the Number of Fifty, To present double the Number, instead of such as are dead, removed, or wanting, out of the principal Inhabitants and Gentlemen of the respective Cities and Counties aforesaid, unto the Governour for the time being, who from time to time may list and order so many of them to be of the said respective Troops, as may compleat the Number of Fifty for their Ma­jesties fervice, and the security of this Province. And every Person so presented to the Governour for the time being, and by him listed and ordered to be of the said respective Troops, shall be, and are hereby obliged to serve in the said respective Troops, upon the Penalty of five Pounds. Provided nevertheless, That nothing herein be construed to extend to force or compell any Person that hath or shall be in Commis­sion in this Province, to list themselves in any Company or Troop, or to serve in any Capacity beneath their former Commission, unless such person hath been degraded by a Court Martial.

And it is further Enacted by the Authority aforesaid, That no person, so listed as aforesaid, shall depart thence, without a Discharge from the Commander of the Company or Troop, where listed, on Pènalty of Twenty Shillings. And that no Commander of any Com­pany or Troop shall refuse, when desired, to give a Discharge in Writing, to any that is removing his Abode out of the Precincts or Province, under the penalty of five Pounds.

And whereas at the City of New-York, Guards and Watches are every Night set and appointed, Be it therefore Enacted and Ordained by the Authority aforesaid, That it shall and may be lawful for any person or persons listed in the Reigment of the City and County of New-York, (except on Extraordinary Occasions) to put a well Armed Man in their Room, who, if approved of by the Captain of the Guard, shall excuse his or their Absence. Provided always, That the Commission Officers and Serjants of the respective Companies, be obliged in their respective Turns to mount the Guard in their proper Persons. And that no [Page 12]Person shall refuse to be a Serjant, Corporal or Drummer in the Com­pany wherein he is listed, under the penalty of Forty Shillings.

And be it further Enacted and Ordained by the Authority aforesaid, That all Captains of Companies of Foot, or Troops of Horse, shall within twelve Moneths from and after the Publication of this Act, pets, Trumpeters, and Banners, at the proper Charge of the respective Officers, Troops and Companies, under the Penalty of Ten Pounds, and so for every four Months such Commanders shall remain unprovided. And that all the Collonels of the respective Regiments, or next chief Office [...]s in their absence, shall once every Year at least issue out their Warrants to their Inferiour Officers, commanding them, To make diligent search and inquiry in their several Precincts, that all be duely Listed, Armed and Equipped; And to return to them such Defects as shall be found, to the end the same may be reformed, on penalty of Twenty Pounds. And and that once every three Moneths, or oftner, as Occasion shall require, and command be given by the Captain General or Commander in chief, the several Companies and Troops in each Regiment, shall meet at the next and most convenient places to be appointed by the respective Officers, to be then and there by them mustered and exercised.

And it is hereby Enacted and Ordained by the Authority aforesaid, That during the time the said Officers and Souldiers are in Arms, they shall observe and keep all and every of the Laws and Articles of War, and give all due Obedience to their superiour Officers: Which Laws and Articles the Captain General or Commander in chief, with Advice of a general Council of War, is to make and establish, and the Com­manders of the several Regiments to give out Copies of the said Articles unto the respective Officers, that the same may be publickly read once every three Months unto the Souldiers, whilst they are in Arms, that all Persons may the better know and observe their Duties. And if it shall happen that any of the Officers or Souldiers, shall, when they are out of Arms, endeavour to take Revenge by force, for any thing his or their superiour Officers lawfully did in pursuance of his or their Duty, and this Act, The said Officers and Souldiers shall be brought to a Court Martial, and there punished, as if the Offence had been done in Time of Service or Exercise; provided that the said Punishment do not extend to Life or Limb.

And be it further Enacted by the Authority aforesaid, That once every Year, or oft [...]er, if thereunto commanded, each particular Captain shall give to his Field Officer, and the Field Officer to the Captain General or Commander in chief, fair written Rools of their respective Companies and Regiments. And if any Field Officer, Captain or other inseriour Officer or Souldier shall neglect, or contemn performing the lawful Commands of their respective superiour Officers, he or they shall be punished by Fine, Casheering, or other Punishment, according to the [Page 13]Discretion of a Court Martial, which the Captain General, or the Commander in chief is to appoint and establish. And the Orders of the said Court Martial, are hereby declared to be binding in all Military Affairs.

And if any Person upon any Invasion, or other publick Military Service, be wounded or disabled, he shall be cured and maintained out of the publick Revenue.

And if any Person whatsoever shall be sued, molested or impleaded for any thing lawfully commanded in the Execution and Pursuance of this present Act, he shall plead the general Issue, and give this Act in Evidence; and shall thereupon, if found for him, recover costs of Suit, and Trible Damage.

Provided alwayes, and it is hereby Enacted and Declared by the Au­thority aforesaid, That the several Fines and Forfeitures mentioned in this Act, shall be recovered and disposed of as followeth, viz. That all such as do relate to any Person under the degree of a Captain, shall be to the respective Captains, to defray the Charges of their Companies or Troops, and to be livied before the next Exercising day, by Distress and Sail of the Offenders Goods, by the Captains Warrant to the Serjant or Corporal; and if no Distress be found, the punishment to be by riding the Wooden Horse, or being tyed Neck and Heels, not exceeding one Hour, at the Discretion of their Officers. But if the offender be a Servant, the Owners Goods shall be liable to the Distresses and Sales, as aforesaid, so that Satisfaction may be made. And for all other Penalties mention­ed in this Act, the same shall be levied by Distrrss and Sale of the Offen­dors Goods and Chattels, by the Provest Marshal, by Warrant from the Captain General or Commander in chief, or the chief Field Officer, where such Offendors are; one half thereof shall be to the Captain General, and the other half unto the said Field Officers of that Regiment where the Offence is committed. And if the Fines that do relate to any Person under the degree of a Captain, shall not amount to a sum sufficient to defray the Charge of the Captains Companies or Troops, that then the over-plus wanting be levied upn the several Souldiers equally, by Warrant or Order of the Collonel or chief Officer of the Regiment, Troops or Companies.

And be it further Enacted by the Authority aforesaid, That it shall and may be lawful for any Commission Officer, belonging to the Re­giment of the City of New-York, under the degree of a Captain, in the absence of the said Captain, to grant Warrants of Distress against any Person whatsoever, that shall absent themselves from their Duty on the Night Guards, without sending a sufficient Person to serve and watch in their stead; which said Warrants, so granted, shall be as effectual, to all intents and purposes whatseover, as if they or any of them had been granted by the Captains themseves.

Provided alwayes, and be it further Enacted and Declared by the Authority aforesaid, That nothing in this Act contained be expounded, construed or understood, to diminish, alter or abridge the Power of the Captain General or Commander in chief for the time being, but that in all Things and upon all Occassions he may act as fully and freely, as Captain General and Commander in chief, to all intents and purposes, as if this Act had never been made, any thing in this Act to the contrary notwithstanding.

And be it further Enacted by the Authority aforesaid, That all Persons listed, as aforesaid, shall readily attend and serve on the Watches when appointed, under the Penalty of Three Shillings for each default.

And it is also further Enacted by the Authority aforesaid, That no Person whatsoever presume to fire any small Arms after Eight of the Clock at Night, unless in case of any Alarm, Insurrection, or any other lawful Occasion: And in either of the said Cases four Musquets or small Arms, distinctly fired, or where great Guns are, the firing of one great Gun, and two Musquets or small Arms, distinctly, and beating of a Drum shall be taken for an Alarm. And every person that shall neglect his Duty in taking and giving forward an Alarm, by firing, as aforesaid, or shall be guilty of firing any small Arms after Eight of the Clock at Night, unless as aforesaid, shall be fined, or otherwise punished, at the Discretion of a Court Martial, not extending to Life or Limb. And in a case of such Alarm every Souldier is imme­diately to repair armed to his Colours or Court of Guard, upon the penalty of Five Pounds.

And for the better Prevention of false Alarms, That no Captain, Master or Commander of any Ship or Vessel riding at Anchor in any the Harbours, Ports or Bayes within this Province, or any other Person, fire any Gun after eight of the Clock at Night, under the Penalty of Forty Shillings for every Gun so fired, to be levied by Warrant from the chief Officer, not under the Degree of a Captain, who is hereby impowered to administer an Oath, and give Judgment thereupon by Distress and Sale of the Offendors Goods; and for want of Distress the said chief Officer is hereby impowered to commit such Offendors to the Goal, there to remain until payment be made of the same. And that in case the said chief Officer shall not perform his Duty therein, he shall forseit ten Pounds, to be l [...]vied by Warrant from the Captain General or Commander in chief for the time being. Provided alwayes, That this clause shall in no ways concern or extend to any Captain or Officer of any of his Majesties Ships of War, for their firing at setting of the Watch.

Provided alwayes, and it is hereby further Enacted and Declared by [Page 15]the Authority aforesaid, That all Trumpeters and Drummers lately in service, or that shall by the several Captains be put into that service, during the Captains pleasure, shall serve upon the Sallary of forty Shillings per annum for a Trumpeter, and twenty Shillings per annum for a Drummer, finding their Trumpet and Drum; and twenty Shillings for a Trumpeter, and ten Shillings for Drummer, if the Captain find them, upon Penalty of forty Shillings.

Provided alwayes, and it is hereby Enacted and Declared, That all the Members of Their Majesties Council, Justices of the Peace, Sheriffs, Coroners, and all other Officers of Courts, Ministers, School-Masters, Physitians and Chyrurgions shall be free from being listed in any Troop or Company within this Province, any thing contained herein to the contrary in any wise notwithstanding.

An Act declaring what are the Rights & Priviledges of Their Majesties Subjects inhabiting within Their Province of New-York.

FOrasmuch as the Representatives of this their Majesties Province of New-York, now convened in General Assembly, are deeply sensible of their Majesties most gracious Favour, in restoring to them the undoubted Rights and Priviledges of English-men, by declaring Their Royal Will and Pleasure in their Letters Patents to his Excellency, who they have appointed their Captain General and Governour in chief over this their Province, That he should, with the Consent of Their Council, from Time to Time, as need shall require, to summon and call General Assemblies of the Inhabitants, being Free-holders, ac [...]ording to the Ʋsage of Their Majesties other Plantations in America: And that this most excellent Constitution, so necessary, and so much esteemed by our Ancestors, may ever continue unto Their Majesties Subjects within this Their Province of New-York, The Representatives of this Their Majesties Province, convened in General Assembly, do with all Duty and Submission humbly pray, That the Rights, Liberties, Priviledges and Franchises, according to the Laws and Statutes of their Majesties Realm of England, may be confirmed unto Their Majesties most Dutiful and Loyal Subjects inhabiting within this their Province of New-York, by Authority of this General Assembly, Be it Enacted by the Governour and Council, and Representatives met in General Assembly, and it is hereby Enacted and Declared by the Authority of the same, That the Supream Legislative Power and Authority, under Their Majesties, William and Mary, King and Queen of England, &c. shall forever be and reside in a Governour in Chief and Council [Page 16]appointed by Their Majesties, their Heirs and Successors; and the People by their Representatives met and convened in General Assembly. That the Exercise and Administration of the Government over the said Province, shall, pursuant to Their Majesties Letters Patents, be in the said Governour in Chief and Council, with whose Advice and Consent, or with at least five of them, he is to Rule and Govern the same, according to the Laws thereof, and for any defect therein, according to the Laws of England, and not otherwise. That in case the Governour in Chief should dye, or be absent out of this Province, and that there be no Person within the said Province commssionated by Their Majesties, Their Heirs or Successors, to be Governour or Com­mander in chief, That then the Council for the time being, or so many of them as are in the said Province, do take upon them the Admini­stration of the Government, and the Execution of the Laws thereof, and Powers and Authorities belonging to the Governour in chief and Council; the first in Nomination in which Council is to preside until the said Governour shall return and arrive in the said Province again, (or the pleasure of their Majesties, their Heirs and Successors be further known.

That for the good Government and Rule of their Majesties Subjects, a Session of a General Assembly be held in this Province once every Year. That every Free-holder within this Province, and Free-man in any Corporation shall have his free choice and Vote in the Electing of the Representatives, without any manner of constraint or imposition; And that in all Elections the majority of Votes shall carry it.

And by Free-holders is to be understood every one who shall have forty Shillings per annum in Free-hold.

That the Persons to be elected to sit as Representatives in the General Assembly from time to time, for the several Cities, Towns, Counties, Shires, Divisions or Mannors of this Province, and all places within the same, shall be according to the Proportion and Number hereafter expressed. That is to say,

• For the City and County of New-York Four.
• For the County of Suffolk Two.
• For Queens County Two.
• For Kings County Two.
• For the County of Richmond Two.
• For the County of Westchester Two.
• For the County of Ʋlster Two.
• For the City and County of Albany Two.
• For the Collony of Ranslae [...]wick One.

And for Dukes County Two. And as many more as their Majesties, their Heirs and Successors shall think fit to establish.

That all Persons chosen and assembled, in manner aforesaid, or the major part of them, shall be deemed and accounted the Representa­tives of this Province in General Assembly.

That the Representatives convened in General Assembly may appoint their own Times of meeting, during their Sessions, and may adjourn [Page 17]their House from time to time, as to them shall seem meet and convenient.

That the said Representatives, as aforesaid convened, are the sole Judges of the Qualifications of their own Members, and likewise of all Under-Elections; and may from time to time purge their House, as they shall see occasion.

That no Member of the General Assembly, or their Servants, during the time of their Sessions, and whilst they shall be going to and return­ing from the said Assembly, shall be arrested, sued, imprisoned, or any way molested or troubled, nor be compelled to make answer to any Suit, Bill, Plaint, Declaration, or otherwise (cases of High-Treason and Fellony only excepted.)

That all Bills agreed upon by the said Representatives, or the major part of them, shall be presented unto the Governour and Council for their approbation and consent. All and every which said Bills, so approved of and consented to by the Governour and Council, shall be esteemed and accounted the Laws of this Province. Which said Laws shall continue and remain in force until they be disallowed by their Majesties, their Heirs or Successors, or expire by their own Limitation.

That in all cases of Death or absence of any of the said Representa­tives, the Governour for the time being shall issue out a Writ of Summons to the respective Cities, Towns, Counties, Divisions or Mannors, for which he or they so deceased or absent, were chosen, Willing and Requiring the Free-holders of the same to elect others in their place and stead.

That no Free-man shall be taken or imprisoned, or be deprived of his Free-hold, or Liberty, or free Customs, or Out-Lawed, or Exiled, or any other wayes destroyed; nor shall be passed upon, adjudged or condemned, but by the lawful Judgment of his Peers, and by the Law of this Province

Justice nor Right shall be neither Sold, Denyed or Delayed to any Person within this Province.

That no Aid, Tax, Talliage or Custom, Loan, Benevolence, Gift, Excise, Duty or Imposition whatsoever shall be laid, assessed, imposed, levied or required of or on any of Their Majesties Subjects within this Province, &c. or their Estates, upon any manner of Colour or Pre­tence whatsoever, but by the Act and Consent of the Governour and Council, and Representatives of the People in General Assembly met and convened.

That no Man, of what Estate or Condition soever, shall be put out of his Lands, Tenements, nor taken, nor imprisoned, nor dis­inherited, nor banished, nor any ways destroyed or molested, without first being brought to answer by due course of Law.

That a Free-man shall not be amerced for a small Fault, but after the manner of his Fault, and for a great Fault after the greatness thereof, saving to him his Free-hold; and a Husband-man, saving to him his Wainage; and a Merchant, saving to him his Merchandize; and none of these Amercements shall be assessed, but by the Oath of Twelve [Page 18]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 [Page 19]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 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 [Page 21]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 [Page 22] [...] 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 six Shillings.

For every hundred weight of Leed six Shillings.

For every Gun with or without a Lock, six Shillings, which shall be carried up Hudsons River, as aforesoid.

And also, for every Gallon of Rum which shall hereafter be carried up Hudsons River, as aforesaid, four Pence.

And be it further Enacted by the Authority aforesaid, That there be given and granted, and there is hereby given and granted unto them, for the Use aforesaid, an Excise upon all Brandy, Rum, and all other Distilled Liquors, to be retailed within this Province, under fifteen Gallons, the Sum of twelve Pence, Money aforesaid, for each Gallon so retailed.

And also, an Excise of twelve Pence, currant Money aforesaid, on each Gallon of Wine, under the Quantity of five Gallons, so retailed, as aforesaid.

And also, That all Beer and Syder retailed throughout this Province and Dependencies, shall pay six Shillings for each Barrel so retailed.

And be it further Enacted by the Authority aforesaid, That there be given and granted, and there is hereby further given and granted unto [Page 23]Their said Majesties, for the use aforesaid, a Custom and Duty, that is to say, Upon every Beaver Skin, commonly called a whole Beaver, the Sum of Nine Pence, currant Money aforesaid.

And that all other Furs and Peltry be valued and rated accordingly, That is to say.

• For two half Beavers nine Pence.
• For four Laps nine Pence.
• For three Drillings one Shilling and six Pence.
• For ten Raccoons nine Pence.
• For four Foxes nine Pence.
• For four Fishers nine Pence.
• For five Cats nine Pence.
• For six Minks nine Pence.
• For one Otter six Pence.
• For two Bear Skins nine Pence.
• For four Wolfes nine Pence.
• For four and twenty Musk-Rats nine Pence.
• For ten Matters nine Pence.
• For every Twenty four Pounds of Muse and Deer Skins nine Pence.

And for Ox, Bull and Cow Hides, six Pence per Hide, Spanish and West-India Hides only excepted.

And all other Peltry to be valued equivolent to a whole Beaver, nine pence, to be exported out of this Province.

And be it further Enacted by the Authority aforesaid, That for the due and orderly collecting of the aforesaid Duties, Customs and Excise, and also for the preventing of Fraud and Imbezelments of the said Duties, Customs and Excise, That all Ships and Vessels whatsoever that shall come to any Port, Creek or Harbour within this Province and Dependencies, to Trade or Traffick, the Master, Mate or Purser shall come to such place or places as shall be appointed by the Governor or their Majesties Collector for the time being, and there make Report of all such parcel or parcels of Merchandize and other things, as he hath on board such Ship or Vessel, and also declare upon his Corporal Oath, That he hath not broke Bulk since his arrival within this Province, before he made such Report as is required.

And also, all Merchants that have any Goods or Merchandize whatsoever, shall at such place or places as is above directed, make a true and distinct Entry of all such parcel or parcels of Goods or Mer­chandize he hath on board such S [...]ip or Vessel, according as they cost him at prime cost; and if any Difference shall arise about the value of the said Goods and Merchandize, then the Collector, or any appointed for the Collection of the said Duties or Customs, may administer to all [...] any such Person or Persons, making such Entry, their Corpo [...]al Oathes, That the said Entry is according to the [...]voice or Invices sent to him [...]r them from the place or places from whence f [...]h Goods did come.

And further, It is Enacted by the Authority aforesaid, That if any [Page 24]Master, Mat [...] or Purser of any Ship [...] Vessel whatsoever, or any Merchant, Factor, or other, shall, contrary to the Rules above p [...]e­scribed, break Bulk or Land any Go [...]d [...] or Merchandize whatsoever, before he or they make such a Report or Entry, and pay such Duties as requi [...]ed by this Act, then and in such case the Master of such Ship or Vessel that shall break Bulk before making such Report, as above, shall, upon proof of two Evidences, forfeit his Ship or Vessel, with all her Tackle, Furniture and Ammunition, one third part to their Majesties, one third to the Governour of this Province, and one third to the Informer, to be sued for in any Court of Record within this Province, by Bill, Plaint or Information, wherein no [...]ssoin, Protection or Wager of Law shall be allowed.

And also, all such Goods as shall be landed, without Entry made, as afore directed, shall be forfeited, on the Testimony of two or more sufficient and credible Witnesses, one third to their Majesties, one third to the Governour, and one third to the Informer, that shall sue, as above.

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 to this Province, or any part thereof, and bound to any Port within or without this Province, shall, before they take in any merchandize above expressed, come to such place or places as shall be appointed for the collecting the Rates established by this Act, and there make Entry and Report of their design, and enter into Bond to the value of one Thou­sand Pounds, with sufficient Sureties, That he or they shall not take on B [...]ard directly or indirectly, without such Permi [...] or Cortest [...]e from the Coll [...]or, or some one having Authority under him for the same. And if he or they do take on board any Goods or Merchandize, contrary to the true intent and meaning of this Law, then he or they shall forfeit his or their said Bond, to be sued for within three Moneths after such fact committed, o [...] otherwise to be void, and of none effect.

And also, for the due and orderly Collection of the Excise above granted, Be it hereby Enacted by the Authority aforesaid, That all Retailers of Wine, Rum, Brandy, or any other strong Liquor within this Province, shall, upon their purchase and receipt of all such Liquor or Liquors before expressed or Exciseable, come to the Office or Officer of the Excise, and there or with him make Entry of all such Liquor or Liquors as they shall buy and receive, and pay such Duties as are hereby appointed, within four and twenty Hours, or as soon as may be, without great Inconveniency; Provided an Officer for that purpose be established in each Town throughout the Province; and on default thereof, all such Liquors as shall be found in any Retailers House within this Province or Dependencies, as have not been duely entred and paid the Rates above expressed, Then and in such case on the Te­stimony of two or more substantial Witnesses, the said Retailer o [...] Ret [...]llers, so offending in the Premises shall forfeit such Liquors. [Page 25]And in case the value thereof shall be under the sum of five Pounds cur­rant Money aforesaid, shall likewise, and beyond forfeit, pay the trible Value of such Liquors, one half to the Informer, and the other half to publick Treasury of this Province, to be sued for in any Court of Record within each County where any such Action or Actions shall arise, wherein no Essoin, Protection or Wager of Law shall be allowed.

And be it further Enacted, That if any Person or Persons within this Province and Dependencies, not being thereunto duely Lise [...]ced, shall at any time hereafter presume to sell by Retail the Liquors aforesaid, that is to say, less quantity at one time than fifteen Gallons, the Person so offending, shall forfeit and pay the sum of five Pounds for every such Offence, being thereof convicted by the Oathes of two or more substantial Evidences, to be sued and imployed for in such manner and proportions as is last aforesaid.

And be it further Enacted, That all Masters and Commanders of Ships, Sloops, Boats, or any other Vessel belonging to this Province, and its Dependencies, shall repair to the said Custom-House, or other place or places that shall be appointed for that purpose, and there enter into Bond of one Hundred Pounds, That they shall not directly or indirectly take on Board or carry away out of this Province and Dependencies, any of the aforsaid Goods or Merchandizes, without paying such Customs and Duties as are before expressed.

Provided also, That all Indian Traders throughout the whole Pro­vince and Dependencies do pay for the value of each hundred Pounds prime cost, they so Traffick with the Indians, the sum of Ten Pounds, Money aforesaid.

Alwayes provided, and it is further Enacted by the Authority afore­said, That if any of the Goods, Merchandize, Wine, Rum, Brandy, and other distilled Liquors, for which the Duties, in this Act mentioned, is paid, or secured to be paid at the Importation, be Exported out of this Province, within six Moneths after their Importation, then the moyety, or one half of the aforesaid Duties, in this Act mentioned, shall be returned, for as much as shall be so exported, the Exporter making Oath in the Custom House, That the whole Duty hath been wholly paid for the said Wines and Liquors, at the Importation; and that there hath been no Fraud or Mixture used to encrease the said Liquors, to be exported. And that thereupon he bring a Certificate from the Surveyor or Searcher, That the said Wines or Liquors are accordingly Shipped. Any thing con­tained here unto the contrary in any ways notwithstanding.

Provided always, That this Act, and all things therein contained, shall only continue and remain in force for the time and space of two Years next and after the Publication thereof, and no longer, any thing con­tained herein to the contrary in any wayes notwithstanding.

An Act to enable his Excellency to defray his extraordi­nary Expence, and to Indemnifie the Collector and Receiver General for the Receipt of several Sums of Money on pretence of Custom and Duty.

THe Representatives convened in General Assembly, being very sensible that the great Confusions and many Disorders that were in the Province on your Excellency's arrival, must needs occasion unto your Excellency an extraordinary and great Expence; and they being likewise well assured of the good Affection your Excellency has for the Inhabitants of this Province, and for the great Care your Excellency hath taken for the conserving the Peace thereof. And forasmuch as their Majesties Collector and Receiver General has since the 29th of January, exclusive, last past, received from the Inha­bitants of this Province several Sums of Money for Duties, Customs, and other Impositions, formerly accustomed to be taken, but not warrantable by the Law. For the removal of the many Controversies and Disputes that may arise hereby, and also for the better defraying the extraordinary Expences your Excellency has been at, do pray that it may be Enacted by your Excellency and Council, and Representa­tives convened in General Assembly,

And be it hereby enacted by the Authority of the same, That all the Sum and Sums of Money for any Duty, Custom, Imposition, or any other pretence whatsoever, received by their Majesties Receiver General, since the twenty nineth day of January, exclusive, now last past, until the day of a Publication of a certain Act now made and established in this present Sessions of Assembly, entituled, An Act for the establishing a Revenue, for the defraying the publick and necessary Charges of the Province, are hereby given and granted unto his said Excellency, for the intent aforesaid. And the said Collector and Receiver General is hereby required and authorized to account and pay unto his said Excellency, when he shall be thereunto required, all and every of the said Sum and Sums of Money, so by him received, within and during the time afore-mentioned. And for his so doing, this Act shall be a good and sufficient Warrant unto him the said Collector, his Executors and Administrators forever.

And be it further Enacted by the Authority aforesaid, That their Majesties Collector and Receiver General aforesaid, is hereby indemni­fied from all manner of Plaints, Suits or Demands whatsoever, from any Person or Persons on the account of any Sum or Sums of Money so received by him, during the time aforesaid; and that if any Action, Bill, Plain or Information shall be brought, moved or prosecuted at [Page 27]any time hereafter against the said Collector, his Executors or Admi­nistrators, for or concerning any Sum or Sums of Money so received by him, during the time aforesaid, he or any of them so sued and prose­cuted in any Court whatsoever, shall and may plead the general Issue, Not Guilty, and upon any Issue joyned, may give this Act, and the special matter in Evidence. And if the Plantiff or Prosecutor shall be Non-suited, or forbear further Prosecution, or suffer Discontinuance, or Verdict pass against him, the Defendant or Defendants shall recover their trible Costs, for which they shall have like Remedy as in case where Costs by the Law are given to Defendants.

And whereas there are several Arrearages of Customs and Duties in the Moneth of June, which was in the Year of our Lord One Thou­sand Six Hundred and Eighty Nine, formerly used to be taken, Be it further Enacted by the Authority aforesaid, That all such Person or Persons that remain endebted for any Duty or Custom arising and due in the Moneth of June aforesaid, which was in the Year of our Lord 1689. are hereby required to make their several and respective Payments unto their Majesties Collector and Receiver General, for the intent aforesaid. And their Majesties Collector & Receiver General is hereby Authorized and Impowered to receive the same, and in default thereof, to sue for and recover the same, in such manner and form as is usual and practicable in recovery of all just Debts due to the King.

And forasmuch as the Representatives now met in General Assembly are likewise sensible of the signal service done and acted by Major Rich. Ingoldsby and Cap. William Kidd, before your Excellency's arrival, therefore pray that it may be further Enacted by the Authority aforesaid, That there be paid out of the Money given to your Excellency, by virtue of this 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 [Page 28] 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 Ʋlster 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 Ʋnderstanding, 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 [Page 30]they shall suffer such Pain, by Fine, Imprisonment, as by the discre­tion of the Justices of the said Courts shall be adjudged.

And be it further Enacted by the Authority aforesaid, that if any Action, Bill, Plaint or Information shall be brought, moved or pre­sented at any time hereafter against any person or persons, for any matter, cause or thing done or acted in pursuance or execution of this Act, such person or persons so sued or presented in any Court whatso­ever, shall and may plead the general Issue, Not Guilty, and upon any Issue joyned, may give this Act and the special matter in Evidence; and if the Plantiff or Prosecutor shall be non-suited, or forbear further Prosecution, or suffer Discontinuance, or Verdict to pass against him, the Defendant and Defendors shall recover their Trible Costs, for which they shall have the like Liberty as in any case where Costs by Law are given to the Defendant. Provided alwayes, That no Mayor, Alder­men or Justices of the Peace shall be troubled, sued, prosecuted or molested for any Omission, Offence or Neglect, by virtue of this Act, but within the space of one year after such omission, offence or neglect, and not at any time hereafter, any thing herein contained to the con­trary in any wise notwithstanding.

An Act to ease People that are scrupulous in Swearing.

FOrasmuch as there are sundry Persons within this Province and De­pendencies, out of a tender Conscience refuse to give their Evidence on Oath in any matter or thing depending in any of the Courts within the same, Be it therefore Enacted by the Governour and Council, and Representatives now met in General Assembly, and by the Authority of the same, That in such case the person or persons so refusing the same, shall give in or deliver their Evidence or Testimony in manner & form following, that is to say, I A. B. do solemnly promise, as in the presence of God, to speak the Truth, the whole Truth, and nothing but the Truth to the matter or thing in question.

And be it further Enacted by the Authority aforesaid, That if any such person or persons, so refusing as aforesaid, shall be summoned to serve upon any Jury in any Court within, this Province, then such person or persons shall make the Engagement following, that is to say, I A. B. do solemnly promise, as in the presence of God, that I will well and truly try the Issue between C. D. Plantiff, and H. I. Defendant, according to Evidence. And in case any such person or persons so called to Evi­dence, and to serve upon any Jury, and declaring as aforesaid, shall afterwards be convicted of willfull Falshood, that then and in such case such person or persons shall undergo the same punishment as in case of willfull Perjury is appointed and privided.

An Act for Pardoning such as have been active in the late Disorders.

THe Governour and Council, and Representatives convened in Ge­neral Assembly, taking into their serious Consideration the many great Troubles and Disorders that have been lately within this Province, and that by occasion thereof, and otherways, many of their Majesties Subjects are fallen into danger of and lie open to great Penalties and Forfeitures. And withal, considering the Ignorance of many, and the dutiful Affections of others of their Majesties Subjects, out of an earnest desire to deliver them from the Penalties and Forfeitures aforesaid, and to the intent that their Offences may not hereafter be brought in Judgment, Question or Remembrance, to the least endamagement of them, either in their Lives, Liberties, Estates or Reputations, but that they, having an entire Confidence in their Majesties, and perfect Union among themselves, may be encouraged in their Duty to their Majesties Government, and more fully and securely enjoy the benefit of it, It is therefore necessary, that there be extended unto them a general and free Pardon, that all their Majesties Subjects by this Clemency and Indulgence may be the better induced henceforth more carefully to observe the Laws, and perform their Loyal and due Obedience to their Majesties, Be it therefore Enacted by the Governour and Council, and Representatives convened in General Assembly, and by the Authority of the same, That all and every of the said Subjects inhabiting within this Province, their Heirs, Executors and Administrators, and every of them shall be, and are by the Authority of this present Assembly acquitted, pardoned, released and discharged, against their Majesties, their Heirs and Successors, and every of them, of and from all manner of Treasons, Fellonies, Misprisons of Treason, T [...]e [...]sonable or Seditious Words and Libills, Misprisons of Fellony. Seditious and Unlawful Meetings, and of all Offences whereby any person may be charged with the penalty and danger of Praemunire; And also, from and of all Riots, Routs, Offences, Contempts, Trespasses, Entries, Wrongs, Deceits Misdemeanours, Forfeitures, Penalties, Pain of Death, Pains Corporal and Pains Pecunary; and Generally, of and from all other Things, Causes, Quarrels, Suits, Judgments and Executions, in this present Act not hereafter excepted, which may be or can by their Ma­jesties in any ways, or by any means pardoned before the 19th day of March last past, to any of the Subjects aforesaid.

And be it further Enacted by the Authority aforesaid, That this Pardon shall be as good and effectual in the Law to every of their Ma­jesties said Subjects, in, for and against all things which be not here­after in this present Act excepted, as the same Pardon should have been▪ [Page 32]if all Offences, Contempts, Forfeitures, Causes, Matters, Suits, Quarrels, Judgments, Executions, Penalties, and all other things not hereafter in this present Act excepted, had been particularly, singularly, specially and plainly named, rehearsed, and specified, and also pardon­ed by express words and names, in their kinds, natures and qualities, by words and terms thereunto requisit to have been put in and expressed in this present Act of Pardon. That their said Subjects, or any of them, their Heirs, Executors and Administrators, or any of them, be not, or shall be sued, vexed, or unquieted in their Bodies, Goods, Chattels, Lands or Tenements, for any manner of Matter, Cause, Contempt, Misdemeanour, Forfeiture, Trespass, Offence, or any other thing suffered, done, committed or omitted, before the 19th. day of March, against their Majesties, their Crown, Dignity, Prerogative, or the Laws or Statutes of their Majesties Realm of England, and this Province, but only for such Matters, Causes and Offences as be rehearsed, mentioned, or in some ways touched in the Exceptions of this present Act excepted, and for none other, any Statute, Law, Custom or Usage heretofore had, made or used, to the contrary in any ways notwithstanding.

And be it further Enacted, That all and every their Majesties Subjects may by him or themselves, or by his or their Attorney or Attorneys, according to the Laws of England and this Province, plead and minister this present Act of Pardon, for this or their discharge of or for any thing that is by virtue of this Act pardoned, discharged, given or granted, without any Fee, or other thing paying to any person or persons, for writing or entring of the Judgments or other Cause concerning such Plea, Writing or Entry, but only three Shillings to be paid to the Officer or Clark that shall enter such Plea, Matters for Judgment, or the party's Discharge in that behalf, any Law, Custom or 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.

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 [Page 35]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 [Page 36]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 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 Ʋlster. 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.

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 [Page 38]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 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 [...] [...] [Page 39]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 Ʋlster 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 Ʋlster. 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 [Page 41]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 Ʋlster and Dutches County, one hundred and eighty seven Pounds ten Shillings.
• For the County of Suffolk, two hundred and sixty two Pounds ten Shillings.
• For Kings County, one hundred ninety five Pounds.
• For the County of Orange, eleven pound five Shillings.
• For Dukes County, eighteen pound fifteen Shillings.

And be it further Enacted by the Authority aforesaid, That for the better assessing, raising & paying the sum of one thousand five hundred Pounds aforesaid, The Mayor and Aldermen in the City of New-York, the Mayor and Aldermen within the City of Albany, with the Justices of the Peace for the City and County of Albany for the time being, and the Justices of the Peace, for the time being, for the several respective Counties aforesaid, for the several Counties respectively, for the which they shall be Justices of the Peace, do within forty dayes after the pub­lication hereof, assemble and meet together in the Court Houses for the several respective Cities and Counties, or such other place or places as they shall agree upon among themselves, and shall there order that the Assessors and Collectors for the several respective Cities, Towns, Mannors or Liberties, within their several Jurisdictions, for the assessing, collecting and receiving of the publick Rates, for the detraying of the publick Charge of each respective City and County aforesaid, be the Assessors and Collectors, for the assessing, collecting or receiving the sum or sums of Money herein before mentioned, according to the Proportions before expressed, as to the said Mayors, Aldermen and Justices shall seem meet and reasonable.

And forasmuch as there are several Mannors and 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 [Page 42]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 Ʋnderstanding, 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 [Page 44]and encouragement of Trade and Commerce, and for the good, benefit and wellfare of their Majesties Subjects inhabiting within this Province. And forasmuch as it is very necessary for Traffick and Commerce, that Buildings, Streets, Lanes, Wharffs, Docks and Allyes of the said City be conveniently regulated with Uniformity, for the accommodation of Habitations, Shipping, Trade and Commerce, and that all Impediments and Obstructions that may retard so necessary a Work, may be removed, Be it Enacted by the Commander in Chief and Council, and Representatives met in general Assembly, and by the Authority of the same, That the Mayor, Aldermen and Common-Council of the said City, shall and may, at their will and pleasure, elect, nominate or appoint one or more discreet and intelligent Person or Persons to be the Surveyors or Supervisors of their Buildings, Streets, Lanes, Wharffs, Docks and Allyes, and to see that the Buildings, Streets, Lanes, Wharffs, Docks and Allyes of the said City be conve­niently regulated with Uniformity for the Accomodation of Habitations, Shipping, Trade and Commerce, according to such Rules and Orders of Building and laying out of Streets, Lanes, Wharffs, Docks, and Allyes, as shall be established by the Mayor, Aldermen and Common-Council of the said City, who are hereby authorized and impowered to make such Rules and Orders for the better Regulation, Uniformity and Gracefulness of such New-Buildings as shall be erected for Habitations, and also of such Streets, Lanes, Wharffs, Docks and Alles, as shall be found convenient for the good of the Inhabitants. And it shall be lawful for the Mayor, Aldermen and Common-Council, or for the Mayor and Aldermen in their Court, to administer an Oath upon the holy Evangelists, unto the Surveyors or Supervisors, of the true and impartial Execution of their Office in that behalf.

And whereas in the laying out of the New Lots for Buildings, some Controversie may arise, by a Lot or Lots of Ground, which if built upon, would be very incommodious and prejudicial to one of the prin­cipal Streets of this City, and hurtful to the Trade and Health of the Inhabitants, Be it therefore Enacted by the Authority aforesaid, That the Mayor, Aldermen and Common-Council of the said City, for the time being, in Common-Council assembled, shall, and may, and are hereby impowered and required to obstruct any Building or Buildings that may narrow the said Street, or any other Street within the said City. And the said Mayor, Aldermen and Common Council shall, and may by virtue of this present Act, continue the said Street, commonly called the Broad Street, according to its present Dimensions, and if in the doing thereof, or in the laying out for the future any Streets, Lanes, Wharffs, Docks or Allyes, and they do take any Persons Ground, they are to give Notice to the Owners or Parties Interested in the Ground, to be so taken for the intent as aforesaid; and to the end that reasonable satisfaction may be given for all such Ground as shall be taken and imployed for the Use aforesaid, the Commander in chief and Council, may assess the value of the Lots [Page 45]now in Controversie; and for other Ground, the Mayor, Aldermen and Common-Council shall and may treat and agree with the Owners, and others interested therein; and if there be any Person that shall refuse to treat in manner aforesaid, that in such case the Mayor and Aldermen in their Court, are hereby authorized, by virtue of this Act to issue out a Warrant or Warrants to the Sheriff of the said City, who is hereby required to impannel & return a Jury before the said Court of Mayor and Aldermen. Which Jury, upon their Oathes, to be admi­nistred by the said Court, are to enquire and assess such Damages and Recompence as they shall judge fit to be awarded to the Owners and others interested, according to their several and respective Interests and Estates of any such ground, or any part thereof. for their respective Interests and Estates in the same, as by the said Mayor, Aldermen and Common Council shall be adjudged fit to be converted to the purposes aforesaid; and such Verdict of the Jury, and Judgment of the said Court of Mayor and Aldermen thereupon, and the payment of the said sum and sums of Money so awarded or adjudged, to the Owners, or others having Estate or Interest, or tender, or refusal thereof, shall be binding to all intents and purposes, against the said Parties, their Heirs, Executors, Administrators and Assigns, and all others claiming any Title and Interest to the said Ground, and shall be a full Authority to the said Mayor, Aldermen and Common Council to cause the said Ground to be converted and used for the purposes aforesaid, any thing contrary herein, or in any other Law to the contrary hereof in any wayes notwithstanding.

And fora smuch as the Filth and Soil of the said City, lying in the publick Streets thereof, doth often prove a common Nusance unto the Inhabitants and Traders to and from the said City, and very prejudicial to their Health; For the Removal thereof, Be it further Enacted by the Authority aforesaid, That the Numbers and places for all common Severs, Drains and Vaults, and the O der and manner of Paving and Pitching the Streets, Lanes and Allyes of the said City, shall be designed and set out by the Mayor, Aldermen and Common Council of the said City, together with the said Surveyors or Supervisors appointed in manner aforesaid; and when they assemble shall have Power and Au­thority to order and direct the making of Vaults, Drains and Severs, or to cut into any Drain or Sever already made, and for the altezing, enlarging, amending, cleansing and scouring of Vaults, Sinks or common Severs. And for the better effecting thereof, it shall and may be lawful to and for the said Mayor, Aldermen and Common Council, together with the Surveyors and Supervisors, at their said Meeting, to impose any reasonable Tax upon all Houses within the said City, in proportion to the benefit they shall receive thereby, for and towards the making, cutting, altering, enlarging, amending, cleansing and scouring all and singular the said Vaults, Drains Severs, Pavements and Pitching aforesaid. And in default of payment of the said sum to be charged, it shall and may be lawful to and for the said [Page 46]Mayor and Aldermen, &c. so authorized as aforesaid, by Order or Warrant under their Hands and Seals, to leavy the said sum and sums of Money, so assessed, by distress and sale of the Goods of the Parties chargeable therewith, and refusing or neglecting to pay the same, rendring the over-plus, if any be.

Alwayes provided, and be it further Enacted by the Authority aforesaid, That nothing herein contain'd shall be construed to change, alter, shorten, lengthen, narrow or enlarge any of the Streets, Allyes and Lanes within this City, as they are now laid out and remain at the Publication hereof. Nor to break thorow any Persons Ground now in Fence or Enclosed, or to take away any Persons House or Habitations, any thing herein contained to the contrary hereof in any ways notwithstanding.

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 [Page 47]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.
• [Page 48]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 Ʋlster 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, [Page 49]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 Ʋnderstanding, 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 [Page 51]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.

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.
• [Page 54]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 Ʋnderstanding, 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 [Page 56]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 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 [Page 57]Verdict to pass against him, the Defendant or Defendants shall have trible Costs, for which they shall have like Remedy, as in case where Costs by Law are given to Defendants. Provided alwayes, That no Mayor, Aldermen or Justices of the Peace shall be troubled, sued, pro­secuted or molested for any omission, offence, or neglect, by virtue of this Act, but within the space of one year after such omission offence or neglect, and not at any time thereafter, any thing herein contained to the contrary hereof in any wise notwithstanding.

Alwayes provided, and be it Enacted by the Authority aforesaid, That the several Collectors of each respective City and County, as aforesaid, shall have the liberty to pay the several and respective sums assessed, as aforesaid, at the day aforementioned, in currant Silver Money, at New-York, or for want thereof in good sufficient and merchantable Provisions at the Rates and Prices hereafter specified and expressed, to wit, good and merchantable Pork at the Rate of Fifty Shillings per Barrel, the Barrel well Re-packed by the sworn Packer of New-York, and the Barrel containing thirty one Gallons and half Winchester Measure, at least. Beef at the Rate of thirty two Shillings and six Pence per Barrel, well re-packed by the sworn Packer of New-York aforesaid, the Barrel to contain thirty one Gallons and half Winchester Measure, at least. Good merchantable Winter Wheat at four Shillings per Bus [...]el. Tryed Tallow at four Pence half Penny per Pound.

An Act for the raising and paying of Eighty Men in Ulster and Dutches County, to be imployed for the Re-inforcing and Security of Albany, from the 15th Day of December next, to the first of March then next ensuing.

WHereas it is convenient that the County of Ʋlster and Dutches County should be excused from their Quota's of 300 Men, since they are to provide eighty men for the Re-inforcement of Albany in the time of the most eminent danger, Be it Enacted by the Governour and Council, and Representatives convened in General Assembly, and by the Authority of the same, That the Governour do issue out his Warrant under his Seal to the Military Officers of Ʋlster and Dutches County, to levy eighty effective Men, with their Arms to be perempto­rily at Albany on the 15th day of December next, and there to continue and remain for the Re-inforcement, Security and Defence of the Fron­teers there, until the first day of March then next following. And also that the said Captain General would form the said Number of eighty effective men into such Companies as he shall think convenient, and to [Page 58]Commissionate and appoint so many Officers over them as he shall think needful in the said County.

And be it further Enacted by the Authority aforesaid, That the said Counties of Ʋlster and Dutches County, shall at their own proper Cost and Charge well and sufficiently provide, that the said eighty effective men be well supplyed with good and wholsom Provisions of Beer, Bread and Meat, and Ammunition, during the time that they shall be imployed in the service aforesaid, and also take effectual care that all and every of the said effective Men be well paid, according to the Kings establishment, after the expiration of the said Service; and likewise, that they shall pay and satisfie such Officers as shall be Commissionated and appointed over them, according to the Kings establishment aforesaid.

And be it further Enacted by the Authority aforesaid, That if any Officer, Civil or Military, within the said County, shall delay, neglect or refuse to perform and execute the several and respective Articles and Clauses of this Act, according to the true intent and meaning thereof, he or they so neglecting, refusing or delaying, shall be lyable to such Penalties respectively, as are in case of such refusal, neglect or delay provided in the other Act of this present Sessions, entituled, An Act for raising and paying two hundred and twenty Men, &c.

Act for establishing a Revenue upon their Majesties, and for defraying the publick and necessary Charges of the Government.

THe Representatives of their Majesties Province of New-York, con­vened in General Assembly, taking into their Consideration that the Act made for establishing a Revenue for the defraying the publick Charges of the Province, doth expire and terminate, according to the Limitations in the said Act made and provided, on the eighteenth day of May next. And they being likewise sensible of the great and urgent occasions which do daily press their Majesties to an extraordinary Expence for the Defence of this their Province and Dominion, against the Designs and Invasions of the common Enemy: And finding it also [Page 59]necessary that in this time of so great and eminent Danger, that their Majesties Government over this Province should be honourably sup­ported and maintained, They, in most Thankful Acknowledgment of their Majesties tender care of the Wellfare of their Subjects in this Province, have chearfully and unanimously, for the purpose aforesaid▪ given and granted, and do hereby give and grant to their Majesties, the several Rates and Duties of Excise herein after mentioned, and do most humbly beseech that it may be Enacted, And Be it therefore Enacted by the Governour and Council, and Representatives now met in Ge­neral Assembly, and by the Authority of the same, that from and after the 18th Day of May next, which shall be in the Year of our Lord 1693. There shall be throghout this their Majesties Province of New-York and the Territories depending thereon in America, Raised, Levyed; Collected, and Paid, for the purpose and intent aforesaid, during the space and term of Two Years, from the eighteenth Day of May afore­said, and no longer, the Rates and Duties of Excise herein after men­tioned, in manner and form following, that is to say,

For every Gallon of Rum, Brandy and Distilled Liquors that shall be Imported into this Province and Dependencies aforesaid, the sum of Four Pence currant Money of this Province.

And for every Pipe of Madera, Malmsey, Fyall, St. Georges [...]isad [...], Canary, Mallego, Sherry, and all sorts of Sweet Wines, the Sum of Forty Shillings currant Money aforesaid. And so in proportion for all greater and smaller Quantities Imported as aforesaid.

And for every Hogshead of Red, White and Rhenish Wines, the Sum of Twenty Shillings currant Money aforesaid. And so in propor­tion for all greater and smaller Quantities, Imported aforesaid.

And upon all other Merchandize Imported into this Province and Dependencies aforesaid, the Sum of Forty Shillings currant Money aforesaid, for every Hundred Pound prime Cost, except these hereafter specified, (viz.) Salt, Brick, Pantyle, Coals, Fish, Sugar, Malossos, Cotton Wool, Ginger, Logwood, Brazelletto, Fustick, or any other sort of Dying Wood, West India Hydes, Tobacco, Rull [...]on, Plate, Cacco, Pork, Oyl, Tar, Flax, Soap, Candles, Tallow, Cheese, Butter, Beef, Whalebone, Hops, Apples, Pears, Syder, Fire-Wood, Planks, Boards, Pleltry, Beaver, Sheeps Wool, Onions, Dressed and Undressed Deer Skins, Honey, Bees Wax, Bay Wax, Indian Corn, Wheat, Barley, Rye, Rease, or any other sort of Gran, or any other thing of the Growth and Production of our Neighbouring Collonies and Plantations in America.

And be it further Enacted by the Authority aforesaid, That there he also given and granted unto their said Majesties, for the intent aforesaid, upon all Merchandize, commonly called by the Name of Indian Goods, as Duffils, Stroads, Blankets, Plains, half Thicks, Woolen Stockins, White Ozenburgs, Kettles, Hatchets, Hoes, Red Lead, Vermilion, Cotten, Red Kersies, Knives, Indian Haberdashery and other Indian Goods, the Sum of five Pounds currant Money aforesaid, for every [Page 60]hundred Pound prime Cost, which shall be imported into this Province and Dependencies aforesaid, over and above the forty Shillings for every hundred Pounds prime Cost before gven and granted to their Majesties by this present Act. And that the value of the prime Cost shall be at the Rates hereafter mentioned, Viz.

• Indian Duffills to be valued at Two Shillings and 4 pence per Yard.
• Indian Strouds, half a piece four Pounds, a whole piece eight Pounds.
• Indian Blankets, each piece four Pounds.
• Indian plain Cotten, eighten Pence per Yard.
• Half Thicks, two Shillings and two Pence per Yard.
• Indian white Ozenburgs, the English ell, eight Pence.
• Indian Kettles, under eight Gallons, six Pounds per hundred weight.
• Indian Hatchets, twelve Shillings per Dozen.
• Indian Hoes, twelve Shillings per Dozen.
• Red Lead, twenty Shillings per Hundred weight.
• Vermilion, four Shillings per Pound.
• Cotten, sixteen Pence per Yard.
• Red Kersey, two Shillings six Pence per Yard.
• Knives, three Shillings per Dozen.
• Indian Shirts, twenty Shillings per Dozen.

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 Tongs, Indian Powder Horns, Indian Woolen Stockings, and Indian Steels, the Sum of six Pounds currant Money aforesaid, over and above the two per Cent. aforesaid, for every Hun­dred Pounds value prime Cost.

And be it further Enacted by the Authority aforesaid, That there be also given and granted unto their Majesties for the intent aforesaid, for every Barrel of Powder, six Shillings,

• For every Hundred Pound of Lead, six Shillings.
• For every Gun, with or without a Lock, Six Shillings.
• For every Gallon of Rum, four Pence, currant Money aforesaid that shall be carried up Hudson's River in any Vessel, Sloop or Canow or any other way whatsoever.

And be it further Enacted by the Authority aforesaid, That there be also given and granted unto their said Majesties, for the purpose afore­said, the Duties of Excise upon all Liquors retailed throughout the Province and Dependencies aforesaid, under the Quantity of five Gallons, the Sum of Twelve Pence currant Money aforesaid, for each Gallon so Retailed (Beer and Syder only excepted.) And likewise the Sum of Six Shillings for each Barrel of Beer and Syder sold by Retail through­out the Province.

And it is further Enacted by the Authority aforesaid, That there be [Page 61]given and granted, and there is hereby further given and granted unto their said Majesties, for the Use aforesaid, a Rate and Duty upon the Fe [...] and Peltry hereafter mentioned, that shall be exported out of this Province and Dependencies, that is to say,

• For every Beaver Skin, commonly called a whole Beaver, the sum of Nine Pence currant Money aforesaid. And that all other Furs and Peltry be rated accordingly, that is to say,
• For two half Beavers, the sum of Nine Pence currant Money afore­said.
• For four Laps, Nine Pence.
• For three Drillings, Eighteen Pence.
• For ten Raccons, Nine Pence.
• For four Foxes, Nine Pence.
• For four Fishers, Nine Pence.
• For five Cats, Nine Pence.
• For six Minks, Nine Pence.
• For one Otter, six Pence.
• For two Bear Skins, Nine Pence.
• For twenty four Musk Rats, Nine Pence.
• For ten Matters, Nine Pence.
• For every twenty four Pound of Deer and Muse Skins, Nine Pence.

And for every Ox, Cow and Bull Hide slaughtered in the Province and Dependencies, six Pence.

And all other Peltry to be valued to a whole Beaver, nine Pence.

And for the due and orderly collecting of the aforesaid Rates and Duties of Excise, and also for preventing of Frauds and Imbezelments of the said Rates and Duties of Excise, Be it further Enacted by the Authority aforesaid, That all Ships & Vessels whatsoever that shall come to any Port, Creek or Harbour within this Province and Dependencies to Trade or Traffick, the Master, Mate or Purser shall come to such place or places as shall be appointed by the Governour for the time being, and there make Report of all such parcel or parcels of Merchandize and other things, that he or they have on Board the said Ship or Vessel, and also declare upon their Corporal Oath, That he or they have not broke Bulk since his Arrival within this Province, before he or they made such Report as aforesaid.

And also, all Merchants that have any Goods or Merchandize on Board such Ships or Vessels, as aforesaid, shall, at such place or places as is above directed, make a true and distinct Entry of all such parcel or parcels of Goods or Merchandize he hath aboard such Ship or Vessel, according to the prime Cost. And if any Difference should arise about the Value of the said Goods, Their Majesties Collector for the time being is hereby Authorized to administer to all or any such Person or Persons, making such Entry, their Corporal Oath, That the said Entry is according to the Invoice or Invoices sent to them from the place or places from whence such Goods or Merchandize did come.

And it is further Enacted by the Authority aforesaid, That if any Master, Mate or Purser of any Ship or Vessel whatever, or ay Merchant, Factor, or other, shall, contrary to these Rules above directed, break Bulk, or Land any Goods or Merchandize whatsoever, before he or they make Report or Entry, and pay such Duties as is required by this Act, then and in such case the Master of such Ship or Vessel that shall break Bulk before making such Report, as aforesaid, shall upon Proof made thereof by two sufficient and lawful Evidence, forfeit his said Ship or Vessel, with all her Tackle, Furniture and Ammunition, one Third unto their Majesties, one Third unto the Governour, and one Third to the Informer; To be sued for in any Court of Record within this Province, by Bill, 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 [Page 63]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 [Page 64]Trade, coming into this Province, or any part thereof, be well and honestly treated and demeaned for such things as by this Act is granted, without Oppression to be done to them, paying the Duties aforesaid.

An Act for the Establishing Courts of Judicature for the ease and benefit of each respective City, Town and County within this Province.

WHereas the Act for settling Courts of Judicature within this Province, doth expire by its own Limitation in April next. And whereas the orderly Regulation, and the Establishment of Courts of Justice throughout this Province, as well in respect of Time as Place, doth tend very much to the Honour and Dignity of the Crown, as well as to the Ease and Benefit of the Subject, Be it therefore Enacted by the Governour and Council, and Representatives convened in General Assembly, and it is hereby Enacted and Ordained by the Authority of the same, That every Justice of the Peace that resides within any Town or County within this Province, are hereby fully impowered and autho­rized to have Cognizance of all Causes, Cases of Debt and Trespass to the Value of Forty Shillings or under, which Causos and Cases shall be heard, tryed and finally determined without a Jury, by every Justice of the Peace that resides within any Town or County within this Province, &c. he taking unto his Assistance, at the time of his hearing and determining such Causes or Cases of Debt and Trespass to the value of Forty Shillings or under, one of the Free-holders of the Town and Place where the Causes of Action doth arise: The process of Warning shall be by a Summons under the Hand of the Justice, directed to the Constable of the Town or Precinct, or any deputed by him where the the Parry complained against doth live; which Summons being Person­ally served, or left at the Defendants House two dayes before the Day of Hearing of the Plaint, shall be sufficient Authority to and for the said Justice, assisted with one of the Free-holders, as aforesaid, to proceed on such Cause and Causes, and determine the same in the Defendants absence, and to grant Execution thereupon against the Defendants Person, or for want thereof, his Estate, which the Constable of the Town or Precinct, or his Deputy, shall and may serve. Alwayes provided, and be it further Enacted by the Authority aforesaid, That if the Plantiff or Defendant shall desire a Jury, it shall be allowed, but at the proper Cost and Charges of the Person desiring the same.

And for the encrease of Virtue and the discouraging of Evil-Doers, Be it further Enacted by the Authority aforesaid, That there shall be held and kept in every respective City & County within this Province, [Page 65]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 Ʋlster 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, [Page 66]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 Ʋlster, 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 [Page 67] 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 Ʋlster 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 [Page 68]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 at Jamaica within Queens County on Long-Island; and on every Saturday of the Week at Kingston in the County of Ʋlster; on every Wednesday of the Week at Westchester in the County of Westchester, publick and open Markets, to which Mar­kets it shall and may be lawfull for all and every the Inhabitants and Sojourners of this Province to go, frequent and resort, and thither to carry all sorts of Cattle, Grain, Victuals, Provisions, and other Ne­cessaries, together with all sorts of Merchandize whatsoever, and at the publick Market-place that shall be assigned and appointed in each respective Town aforesaid, them to expose to sale or barter in gross or by retail between the hours of Eight of the Clock in the Morning and Sun-set of the same day, without the payment of any Toll, or any other let, hinderance or molestation whatsoever.

And be it further Enacted by the Authority aforesaid, That there shall likewise be held and kept in each respective City and County throughout the Province, and at the Times & Places hereafter named, Twice yearly and every year a Fair. To which Fair it shall and may likwise be lawful for all and every Person or Persons, Inhabitants, Strangers or Sojourners of this Province, &c. to the said Place and Places, at the said Time and Times where the said respective Fair and Fairs are to be held and kept, to go, frequent and resort, and thither to carry, or cause to be carried all sorts of Cattle, Horses, Mares, Colts, Grain, Victuals, Provisions, and other Necessaries, together with all sorts of Merchandize, of what Nature soever, and them to expose to Sale or Barter in Gross or by Retail, at the Times, Hours and Seasons that the Governors or Rulers of the said respective Fairs for the Time being shall proclaim and appoint.

And be it further Enacted by the Authority aforesaid, That there be [Page 70]kept. Yearly, for the City and County of New-York, two Fairs at the City of New-York. The first Fair annually to commence the last Tuesday of April in every year, and to end upon the Fryday then next following, being in all four days inclusive, and no longer. And the second Fair to commence the first Tuesday of November in every year, and to end upon the Fryday then next following, being in all four dayes inclusive, and no longer.

And also, That there be held and kept one Fair annually and once in the Year for Kings County on Long-Island at Flat bush in the said County, to commence the second Tuesday of October every Year, and to end upon the Fryday then next following, being in all four days inclusive, and no longer.

And also, That there be held and kept two Fairs yearly for Queens County on Long-Island, the first Fair to be held annually at Jamaica within the said County on the first Tuesday in May in every Year, and to end on the Fryday then next following, being in all four days inclusive, and no longer. The second Fair to commence on the third Tuesday of October, and to end on the Fryday then next following, being in all four dayes inclusive, and no longer.

And also, That there be held and kept two Fairs yearly for the County of Suffolk on Long-Island; the first Fair to be held annually at South­hamption, the first Tuesday of July in every year, and to end on Fryday then next following, being in all four dayes inclusive, and no longer. And the second Fair at Southold, to commence the second Tuesday of Sep­tember, and to end upon the Fryday then next following, being in all four dayes inclusive, and no longer.

And also, That there be held in the City and County of Albany two Fairs yearly, the first Fair to be kept at Albany, and to commence the third Tuesday of July, and to end on the Fryday then next following, be­ing in all four dayes inclusive, and no longer. The second Fair to be held at Crawlier in Ranslaerswick on the third Tuesday in October, and to end on the Fryday following, being in all four dayes inclusive, and no longer.

And also, That there be held & kept two Fairs yearly for the County of Ʋlster, the first to be kept at Kingstone on the third Thursday in March, and to end on the Saturday then next following, being three days inclusive, and no longer. And the second Fair to begin the second Thursday in October, and to end on the Saturday following.

And also, that there be held and kept two Fairs yearly for the County of Westchester, the first to be kept at the Town of Westchester in the said County, on the second Tuesday in May, and to end on the Fryday follow­ing, being in all four days inclusive, and no longer. And the second Fair to be kept at Rye, in the said County, on the second Tuesday of October yearly, and to end the Fryday then next following, being in all four days, and no longer.

And also, that there be held and kept two Fairs yearly in the County of Richmond, the first on the North side of the Island, on the last Tuesday in June, and to end on the Friday following, being in all four days in­clusive, [Page 71]and no longer. And the second Fair to be kept at the said place on the last Tuesday in September, and to end on the Friday then next fol­lowing, being in all four dayes inclusive, and no longer. All which Fairs at the Times and Places aforesaid, in each respective County respectively, shall be holden, together with a Court of Pypouders, and with all Liberties & Free Customs to such Fairs appertaining, or which ought or may appertain, according to the Usage and Customs of Fairs holden in their Majesties Realm of England.

And for the more regular Government of the several and respective Fairs afore-mentioned, the Governour shall commissionate and appoint such persons or persons in each respective County aforesaid, where such Fairs are to be holden and kept, to be Governours and Rulers of the said Fairs respectively. Which Governor or Ruler, so appointed and com­missionated as aforesaid, is hereby authorized and impowered to have & hold a Court of Pypouders, together with all Liberty and free Custom to such appertaining. And that they and every of them may have and hold there, at their and every of their respective Courts the said [...] dayes, from day to day, and hour to hour, from time to time, upon all occasions, Plaints and Pleas of a Court of Pypouders, together with all Summons, Attachments, Arrests, Issues, Fines, Redemptions and Com­modities, and other Rights whatsoever to the same Court of Pypouders any way pertaining, without any impediment, let or hinderance what­soever. Alwayes provided, That the Governour or Ruler of the said respective Fairs aforesaid, shall, or cause Cry and publish within and without the Liberties of the said respective Fairs, Where they shall hold the same, the time that they ought to hold it, and no longer. And that every Governour or Ruler of the respective Fairs aforesaid, at the begin­ning of his Fair shall there cry, proclaim and publish how long that Fair shall endure, to the intent that Merchants and others shall not be at the same Fairs over the time so published, upon pain of being fined for the same. Nor that the said Governor or Ruler shall not hold their respective Fairs over the due time hereby limitted, upon pain of forfeit­ing the keeping of the said Fairs, unto their Majesties.

And for the preventing of Abuse in any of the aforesaid Fairs and Markets, Be it further Enacted by the Authority aforesaid That the Governor or Ruler of the respective Fairs aforesaid, shall yearly appoint and limit out a certain and special open place within the respective Towns aforesaid, where the respective Fairs are to be held and kept, where Horses, Mares, Geldings, Colts, and other Cattle may be sold; In which said certain and open place, as aforesaid, there shall be by the Governour or Ruler aforesaid, put in and appointed one sufficient Person, o [...] more, to take Toll, and keep the same place from ten of the Clock in the Morning until Sun-set of every day of the aforesaid Fairs and Markets, upon pain to loose and forfeit upon every default forty Shillings. And that every Toll-gatherer, his Deputy or Deputies, shall during the time of every the said Fairs, take the sum of Nine Pence as due and lawfull Toll for every such Horse, Mare, Gelding or Colt, at [Page 72] [...] [...]aid open place to be appointed, as aforesaid, and between the hours of Ten of the Clock in the Morning, and Sun-set of the same day, if it [...] tendered, and not at any other time & place; and shall have present before him or them, at the taking of the same Toll the Parties to the Bargain, Exchange, Gift, Contract, or putting away of every such Horse, Mares Gelding or Colt, and also the same Horse, Mare, Gelding or Colt so sold, exchanged or put away; and shall then write, or cause to be written in a Book, to be kept for that purpose, the Names, Sir-names and dwelling Places of all the said Parties; and the Colour, with one special Mark at least, of every such Horse, Mare, Gelding or Colt, on pain to forfeit at and for every default, contrary to the intent hereof, the sum of forty Shillings currant Money aforesaid. And the said Toll-Gatherer or Keeper of the said Book, shall within one day next after such Fair, bring & deliver his said Book to the Governor or Ruler of the said Fair, who shall then cause a Note to be made of the true Number of all Horses, Mares, Geldings and Colts sold at the said Fair, and shall there subscribe his Name, upon pain to him that shall make default therein, to lose and forfeit for every default, the sum of forty Shillings currant Money aforesaid, and also to answer to the party grieved by reason of the same his Negligence in every behalf. And the said Governor or Ruler, his Deputy or Deputies shall take for the entring of every Horse, Mare, Gelding & Colt, sold in the respective Fairs, as aforesaid, for Toll of the same, the sum of Nine Pence, the one half to be paid by the Buyer, and the other half by the Seller. Provided always, That nothing herein contained shall be taken or construed to infringe upon the Rights and Priviledges of the Cities of New-York, Albany, & Ranslers-wick, but that the Mayor and Aldermen, & the Proprietor of the Mannor of Ranslaers-wick, of their respective Cities and Mannor, for the time being, shall always be pursuant to the Directions of their respective Charters and Grants, the only Rulers or Governours of the afore-mentioned Fairs to be held in their respective Cities and Mannors, any thing contained herein to the contrary hereof in any ways notwithstanding.

An Act for the supervising Intestates Estates, and Re­gulating the Probate of Wills, & granting Letters of Administration.

WHereas the Right of Orphans, and the Estate of such as dye Intestate throughout this Province and Dependencies, are often concealed, wasted, imbezeled and destroyed, to the utter Ruin of many Orphans, and the prejudice of the next of Kin to such as dye Intestate, for want of having good & sufficient Persons in each respective County throughout the Province, for the due and regular Enquiry after the same, Be it therefore Enacted by the Governour and Council, and Re­presentatives convened in General Assembly, and it is hereby Enacted [Page 73]by the Authority of the same, That on or before the 25th day of March next, in the Year of our Lord 1693. there shall be elected or appointed in each respective Town throughout the Counties within this Province, two able and sufficient Free-holders, who shall upon the Death of any Person or Persons in their respective Towns, repair unto the House, Place, or Habitation where the deceased did reside, within forty eight hours after the Interment of the said deceased, and there make Enquiry, If the deceased made any Will, or had any Real or Personal Estate, not devised by him at the time of his or their Death? And if upon Enquiry, that he made no Will, but dyed Intestate, then and in such case it shall be lawful for such Person or Persons, elected or appointed in each respective Town, as aforesaid, to make strict and diligent Search and Enquiry into all the Real and Personal Estate that the said Intestate dyed possessed of, and the same to Inventory, and bring, or cause to be brought unto such Person or Persons, in the County where such Intestate dyed who shall by the Governour for the time being, be delegated, on purpose for super­vising Intestates Estates, &c. in each respective County throughout the Province, and the same with him file, declaring upon their Oathes, That the said Inventory doth contain a true and perfect Account of the said In­testates Estate, that has come unto their Knowledge. Whereupon the Person or Persons so delegated, as aforesaid, shall issue out his, or their Worrant to two good and sufficient Free-holders inhabiting within the Town where the Intestate dyed, for the Appraisment of the Goods & Chattels left by the Intestate, and Inventoryed as aforesaid. And upon the Re­turn thereof to him, he shall cause the same to be secured, or sold for the most of their Value, and the produce thereof to remain in his hands, or put out into good and sufficient hands, who shall be able to produce the same again, when the next of Kin shall appear in right to claim the same. And if the said Intestate, at the time of his Death, did leave a Wife and Children behind him, then and in such case the Wife shall only have the Right of Administration upon the said Intestates Estate, as the Law doth direct, and not otherwise. But if the said Intestate did leave only Orphans behind him, and has no Relations or Kindred who will administer upon the said Intestates Estate, then the Superviser of each respective County, delegated as aforesaid, shall only have the Admini­stration and Care of the said Intestates Estate, and the same shall secure as aforesaid, for the use, benefit and 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 [Page 74]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, [Page 75] 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 [...]i [...]e [...]nto all through Posts and Persons riding in Post, with Commission or wi [...]out, to and from all and every of the adjacent Collonies and Plantati [...]ns on this main Land or Continent in America, where any Post Roads are or shall be settled and established.

And be it further Enacted by the Authority aforesaid. That it shall and may be lawful to and for the Post-Master General aforesaid, and his Deputy & Deputies by him thereunto su [...]iciently [...]thorized, to demand, have, receive and take for the Portage & Co [...]veyance of all such L [...]tters which he shall so convey, carry or s [...]nd Post as aforesaid; and for the providing and furnishing Horses for through Posts, or Persons [...]iding in Post, as aforesaid, according to the severall R [...]tes and Sums of currant Money of this Province, hereafter mentioned, not to exceed the same, that is to say. That the Port of every single Leth [...] to or from Europe, the West-Indies, or else-where to and from beyond the Seas. Nine Pence, currant, Money aforesaid, and so in proportion to the greatness or quan­tity of said Letters. And for the Port of every single Letter from Boston to New-York, or from Maryland to New-York, Nine Pe [...]e, currant Money aforesaid, and so in proportion, as aforesaid. And for the Port of every single Letter from Virginia to New-York, Twelve Pence, currant Money aforesaid, and so in proportion, as aforesaid. And for the Port of every single Letter to or from any place nor exceeding Eighty Miles distant from New-York, Four Pence Hall Penny, currant Money aforesaid, and so in proportion, as aforesaid.

And for the more effectual encouragement of the said General Post-Office. Be it further Enacted by the Authority aforesaid, That all the respective Post-Masters that shall be settled in the respective Stages for the purpose aforesaid throughout, the Province, shall, during the space and time that this Act shall be in force, be free'd and [...]empted from Ex­cise and all Publick Services whatsoever, except the Post-Master of the City of New-York, who is only exempted from Publick Services.

And be it further Enacted by the Authority aforesaid, That no Person or Persons whatsoever, or Body Politick or Corporate, other than the Post Master General aforesaid, shall presume to carry, re-carry or deliver Letters for hire, other than as before excepted, or to set up, or imploy any Foot-Post, Horse-Post or Pacquet Boat whatsoever, for the carrying, conveying and re-carrying of any Letters or Pacqu [...]ts by Sea or Land within this Province, or shall provide and maintain Horses, & Furniture for the Horses of any through-Posts, or Persons riding Post with a Guide and Horn, as is usual in their Majesties Realm of England, upon pain of forfeiting the sum of One Hundred Pounds currant Money aforesaid, for every several Offence against the Tenor of this present Act, to be sued and recovered in any Court of Record within this Province, by Bill, Plaint or Information, wherein no Essoyn, Protection or Wager of Law shall be admitted, one half of the said Forfeiture to the Governour, and the other half to the Post-Master General, who shall sue and prosecute the same.

Be it further Enacted by the Authority aforesaid. That all Letters and Pacquets that by any Master of any Ship or Vessel, or any of his Com­pany, or any Passengers therein, shall or may be brought to this Port of New-York, other than such Letters as are before excepted, shall by such Master, Passenger or other Person, be forth-with delivered unto the Post-Master of New-York for the time being, or unto his Servant or Servants, and by him or them to be delivered according to the several and respective Directions of the same. Provided, That no Letters go­ing up or coming down Hudson's River, & going to or from Long-Island, shall be carryed to the Post-Office, any thing herein contained to the contrary hereof notwithstanding. Provided alwayes, That nothing herein mentioned shall be in force longer than three Years next and after the Publication hereof, any thing to the contrary hereof in any wayes notwithstanding.

An Act for the satisfying and paying the Debts of the Government.

THe Representatives convened in General Assembly, being willing that all such as have advanced Money for the support of the Go­vernment, should be well and truly paid and satisfied; and for that purpose have agreed that the Rates and Duties herein after mentioned should be levyed and collected, and 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 the Rates and Duties herein after-mentioned, shall be levied and collected, and be only appropriated and applyed to the payment of such Debts due for the support of the Government, aforesaid, and the said Rates and Duties herein after-mentioned, hereby authorized to be levyed and col­lected, shall be quarterly paid to such Person or Persons who are now the present Creditors, & have advanced their Money, as aforesaid, their Executors, Administrators or Assigns, in two years from the Publication hereof, in eight quarterly Payments, and in equal proportions, accor­ding to the greatness and smallness of the Sums due, without any pri­ority or respect to Persons, and not otherwise. And that the residue of the Money arising and payable by this Act, if any be, shall be appropri­ated and applyed, from and after the payment of the several Debts, as aforesaid, unto the support of the Government, and for no other use or purpose whatsoever, any thing in this or any other Act contained to the contrary notwithstanding.

And that from and after the Publication hereof, there shall be raised, levyed, collected and paid unto their Majesties, during the space & term of two years, after the publication hereof, as aforesaid, and no longer, the several Rates and Duties herein after-mentioned, over & above all other [Page 78]Duties, Charges and Impositions by any former Act and Acts set and imposed, that is to say, The Rate and Duty of Two Pence, currant Money of New-York, for every Gallon of Rum, Brandy, and other di­stilled Liquors. And the Rate and Duty of thirty Shillings for every Pipe of Wine. And five Shillings for every Hogshead of Malossos, and so in proportion for any greater and lesser Quantity that shall be Import­ed into this Province and Dependencies, from and after the Publication hereof. And also the Rate and Duty of Two per Cent. prime Cost, upon all other Goods of the Growth, Production or Manufacture of Europe, that shall from and after the Publication hereof be Imported, as aforesaid. And also, the Rate and Duty of Six per Cent. prime Cost, of the Goods and Merchandize of the Growth, Production & Manufacture of Europe, that shall from and after the Publication hereof, be imported into this Province and Dependencies, from any other part or place than their Ma­jesties Kingdom of England, Dominion of Wales, and Town of Berwick upon Tweed.

And be it further Enacted by the Authority aforesad, That the several Rates and Duties hereby imposed on the Liquors and Merchandize aforesaid, shall be raised, levyed, collected, recovered and paid unto their Majesties Collector and Receiver General for the time being, during the term be­fore mentioned, and in the same manner and form, and by such Rules, Allowances, Ways and Means, and under such Penalties, Fines and Forfeitures as are mentioned, expressed and directed in and by one Act of General Assembly made in this present Sessions of Assembly, entituled, An Act for establishing a Revenue to defray the publick and necessary Charges of the Province.

And forasmuch as it is manifest that there are several Sums of Money collected and received by sundry Persons, and not paid unto their Ma­jesties Receiver General: And also, that there are several Persons that continue and remain indebted for the several Duties and Impositions, and Excise upon Liquors, which were formerly established by the late Go­vernment, for defraying the publick Charges thereof, and that it is most reasonable and just that all the arrears of the same should be raised, levied, collected, answered and paid unto their Majesties Receiver General, for and towards the Debt aforesaid; Be it therefore Enacted by the Authority aforesaid, That all and every Person or Persons who have received any Sum or Sums from any of their Majesties Subjects within this Province, or under pretence of any Duties, Impositions, or Excise, formerly esta­blished by the late Government, from the 11th day of August, in the Year of our Lord 1688. until the 20th day of March, in the Year of our Lord 1691. And likwise, all and every Person and Persons that are in arrears for any of the Duties, Impositions or Excise, as aforesaid, shall within four Kalender Moneths after the publication hereof, come unto their Majesties Receiver General at New-York, and there account with him for all and every Sum or Sums of Money, so collected and re­ceived by them, and every of them: And also, for what they are in arrears for any of the Duties, Impositions or Excise, as aforesaid, and pay the same unto him, without any further delay. And if any Person or [Page 79]Persons shall refuse or neglect, upon summons of their Majesties Recei­ver General, to account & pay the sums of Money found due in arrears, as aforesaid, it shall then be lawful for their Majesties Receiver General, who is hereby authorized to do the same, to issue out his Warrant under his Hand and Seal, to make Distress upon the Goods and Chattels of such person or persons that shall be found indebted, or in arrears, as afore­said, and the same to expose to Sale by Publick Out-cry, and the pro­duce thereof to take, until he be satisfied for the Sums of Money due and in arrears, as aforesaid. All which Sum & Sums of Money so received by him, shall be paid and imployed to the Uses aforesaid, and to no other use, intent or purpose whatsoever. And all the Acts and Ordi­nances made by the late Governour and Council for and concerning any of the Duties, Impositions and Excise aforesaid, shall remain and con­tinue in full force and virtue until all the said Sums of Money, & arrears due thereupon be fully paid and satisfied, according to the tenor of this Act, any thing contained herein, or in any other Act, to the contrary hereof in any ways notwithstanding. Provided, That all Merchants and others, who are to pay the additional Rates and Duties hereby esta­blished, shall have the time of three Moneths after their respective [...]n­tries made, for the Duties aforesaid, for the payment of the Rates and Duties aforesaid, any thing contained to the contrary hereof not­withstanding.

An Act for calling Long-Island the Island of Nassaw.

BE it Enacted by the Governour and Council, and Representatives convened in General Assembly, and by the Authority of the same That the Island, commonly called & known by the Name of Long Island. shall from hence-forth be called, The Island of Nassaw. And that after the Publication hereof, all their Maj [...]sties loving Subjects are hereby re­quired, in all Grants, Patents, Deeds, Conveyances, Bargains of Sale, Bills, Bonds, Records, and other Instruments in Writing that shall here­after be made, granted, conveyed, bargained, sold and executed, for or concerning the said Island, or any part or place within the same, or in any County thereof, to call & denominate the said Island in all such Deeds and Escripts, as aforesaid, The Island of Nassaw, any thing contained in any former Act to the contrary hereof in any ways notwithstanding.

An Act for establishing certain Rates and Duties upon such Goods, Wares and Merchandize as sha [...]l be brought unto their Majesties Beam in the Weigh-House at New-York.

THe Representatives convened in General Assembly being sensible of the great Charge that is requisite for the present support of the Government in this time of War, and being also willing at all times to manifest their most dutiful Affections unto their Majesties, with an hum­ble and thankful Acknowledgment of their Majesties most gracious and tender regard to their Subjects within the same, have cheerfully and unanimously given and granted unto their Majesties an Aid and Assist­ance for the better defraying the necessary Charge of the Government, to be raised and levied upon all such Goods, Wares and Merchandizes that shall be brought unto their Majesties Beam in the Weigh-House at New-York, according to such Rates & Duties, & during such Time, and in such manner and form as herein after followeth. And they humbly pray that it may be Enacted, And 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 all the Goods, Wares and Mer­chandizes herein after named and expressed, that shall from and after the Publication hereof be Imported to, and Exported from this City, or that shall be bought and sold, bartered or exchanged within the same, shall be first brought unto their Majesties Beam at the Weigh-House aforesaid, and be there weighed. And for weighing the same there shall be answered and paid unto their Majesties Collector and Receiver Ge­neral for the time being, or to such Person or Persons as he shall autho­rize for the attending and receiving the same, the Rates and Duties here­after named, established and expressed, that is to say, For all sorts of Silk Ware above one Hundred weight, Nine Pence per Hundred Weight; Floret or Worsted, the same; Cochanella, the same; Saffron, the same. Indigo exported only, six Pence per Hundred Weight, nothing for Im­portation; Confectures, the same; all sorts of Spices, the same; Spanish Leather, the same. Sugar, Two Pence half penny per Hundred weight exported, nothing at Importation; Candles, the same. Tobacco, two Pence, the same. Sarsaparilla, three pence, the same; Ivory, the same. All sorts of Dye Wood, three half pence per Hundred weight, exported only. Wool and Cotten Wool, three pence, the same. Dry Hides, Talk and Deer Skins, two pence, the same. Butter, three pence, the same; 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 [Page 81]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.

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, [Page 82]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 [Page 83]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 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.