The sixth Assembly, First Sessions: [...]ginning the first Day of October, and ending the 26th of the same, Anno Regni Regis Gulielmi, Angliae, Scotiae, Franciae & Hiberniae, Septimo.
An Act for the raising the Sum of Eight Hundred Sixty Four Pounds and fifteen Shillings, for the paying and maintaining a Company of Fuzileers imployed on the Fronteers, and at present under the Command of Major Schuyler, from the first of August last, till the first of March next following.
BE it Enacted by the Governour and Council, and Representatives convened in General Assembly, and by the Authortiy of the same, That the sum of Eight Hundred sixty four Pounds and fifteen Shillings current Money of this Province be laid, assessed, raised and levied upon all and every of the Inhabitants, Residenters, Sojourners and Freeholders of and in this Province, for the paying and maintaining the Officers and Souldiers Imployed on the Fronteers, and at present under the Command of Major Schuyler, now in service for the Security of the Fronteers at Albany, from the first day of August now last past, until the first day of March next ensuing the publication hereof, according to the the Establishment hereunto annexed, to be Laid, Assessed levied and paid unto his Majesties Collector and Receiver General for the time being, at his Majesties Custom-house in the City of New-York at or before the 25 day of March next ensuing the publication hereof, according to the several and Respective Quotas and Proportions hereafter following, That is to say, for the City and County of New-York the Sum of 265 l. 17 s. being their Quota and Proportion of the Eight hundred sixty four Pounds fifteen shillings aforesaid. For the County of Westchester the sum of 47 l. 11 s. 6 d. being their Quota and Proportion as aforesaid. For the County of Richmond the sum of 21 l. 12 s. 9 d. being their Quota and Proportion as aforesaid. For Kings County, the sum of 151 l. 7 s being their Quota and Proportion as aforesaid. For Queens County, 136 l. 4 s. being their [Page 108] Quota and Proportion, as aforesaid. For Suffolk County the sum of 155 l. 13 s. 3 d being their Quota and Proportion, as aforesaid. For Vlster and Dutches County, the sum of 77 l. 16 s. 7 d. being their Quota and Proportion, as aforesaid. For Orange County, the sum of 8 l. 12 s. 11 d. being their Quota and Proportion, as aforesaid.
And be it further Enacted by the Authority aforesaid, That for the better Assessing, Raising and paying the aforesaid sume of 864 l. 15 s. Current Money aforesaid, The Mayor and Aldermen of the City of New-York, the Justices of the Peace, the Assessors and Collectors for the time being, of all and every respective Cities, Counties, Towns, Mannors, Liberties, or Jurisdictions within this Province, are hereby Required, Impowred and Authorized to Summons, Assess, Collect and pay the several Sums of Money herein before mentioned, according to the Proportions before expressed, in such wayes and means, and according to such manner, Rule and Direction, and under such Pains and penalties as are contained, enjoyned and directed in an Act of General Assembly passed in the sixth year of his Majesties Reign, Entituled, An Act for the Raising and paying one hundred and seventy men for the securing the Fronteers of this Province in the City and County of Albany. And all and every Article, Rule, Clause, Pains and Penalties mentioned in the aforesaid Act, for and concerning the Summoning, Assessing, Collecting and paying or Refusing and Neglecting the Execution of the respective Duties required therein, shall be, abide and remain in full force and Effect to all intents and Purposes, and in as full and Ample manner for the due Execution of this Act, untill the abovesaid sum of eight hundred sixty and four Pounds fifteen shillings be duely, fully and Compleatly assessed, collected and paid, as abovesaid directed, 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 wise notwithstanding. And the Mayor and Aldermen of the City of New-York, and all and every the Justices, Assessors and Collectors of the [...]espective Cities and Counties aforesaid, and all others concerned herein are to take notice hereof accordingly.
| l. | s. | d. | |
| The Captain 212 days, at 8 per diem | 84 | 16 | 00 |
| One Lieutenant at 4 s. per diem | 42 | 08 | 00 |
| One ditto at 3 s. per diem | 31 | 16 | 00 |
| 4 Serjeants, at 1 s. 6 d. each per diem | 63 | 12 | 00 |
| Fifty private Centinals, at 12 d. each per diem | 530 | 00 | 00 |
| One Town Major, at 4 s. per diem, | 42 | 08 | 00 |
| One Chyrurgion, at 2 s. 6 d. | 26 | 10 | 00 |
| For Incidentals, | 27 | 08 | 00 |
| One Muster-Master, from the first of August, to the 10th of October, at 2 s. 6d. per diem, | 08 | 15 | 00 |
| For ditto from the 10 of October, to the first of March, is 142 days, at 1 s. | 07 | 02 | 00 |
| 864 | 15 | 00 |
An Act for the ras [...]ing the Sum of Seven Hundred Pounds, to enable his Excellency to keep the men that are now in the Companys appointed by his Majesty, and to encourage others to list themselves in the same.
BE it Enacted by the Governour and Council, and the Representatives Convened in General Assembly, and by the Authority of the same, That a Supply of Seven Hundred Pounds current Money of this Province be laid, assessed, raised and levied upon all and every the Inhabitants, Residenters, Sojourners and Free-holders of and in this Province, Five Hundred Pounds, whereof to be imployed by his Excellency, for the supplying the Companies appointed by his Majesty, with sundery Necessaries, and the other two hundred Pounds thereof to be imployed by his Excellency for listing of men to keep the said Companys full, and to free the Inhabitants of this Province from Detachments until the first day of May, next ensuing the Publication hereof, except in case of Invasion or Rebellion. To be laid, assessed, raised, levied and paid unto his Majesties Collector and Receiver General for the time being, at his Majesties Custom house in the City of New-York, at or before the 25th day of March next ensuing the publication hereof, according to the several and respective Quotas and Proportions hereafter following, That is to say, for the City and County of New-York, the sum of 215 l 5 s. being their Quota and Proportion of seven hundred pounds Currant money as aforesaid. For the County of Westchester, The sum of 38 l. 10 s. being there Quota and Proportion, as aforesaid. For the County of Richmond the sum of 17 l. 10 s being their Quota and Proportion, as aforesaid. For Kings County, the sum of 122 l. 10 s. being their Quota & Proportion, as aforesaid. For Queens County, the sum of 110 l. 5 s. being their Quota and Proportion as aforesaid. For the County of Suffolk, the sum of 126 l. being their Quota and Proportion, as aforesaid. For Ʋlster and Dutches County, the sum of 63 l. being their Quota and Proportion, as aforesaid. For the County of Orange, the sum of 7 l. being their Quota and Proportion, as aforesaid.
And for the better assessing, raising, levying and paying the aforesaid Sum of seven hundred Pounds Current Money aforesaid, Bee it further Enacted by the Authority aforesaid, That the Mayor and Aldermen of the City of New-York, the Justices of the Peace, the Assessors and Collectors for the time being, of all and every the respective Cities, Countys, Towns, Mannors, Liberties or Jurisdictions within this Province, are hereby required, impowered and authorized to summons, Assess, Collect and Pay the several Sums of Money herein before mentioned, according to the Proportions before expressed, in such ways and means, and according to such manner, rule and direction, and under such Pains and penalties as are contained, enjoyned, prescribed and directed in an Act of General Assembly passed in the sixth year of his Majesties Reign, Entituled, An A [...]t for the Raising and paying one hundred and seventy men for the Securing the Fronteers of this Province in the City and County of Albany. And all and every Article, Rule, Clause, Pains and Penalties mentioned in the aforesaid Act for and concerning the Summoning, Assessing, Collecting and paying, or refusing and neglecting the Execution of their respective duties therein required, shall be, abide and remain in full force and effect, to all intents and purposes, and in as full and ample manner, for the [Page 110] due execution of this Act, until the abovesaid Sum of seven hundred Pounds be duly, fully and Compleatly Assessed, Collected and paid, as abovesaid directed, 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 therein to the Contrary hereof in any wise notwithstanding. And the Mayor and Aldermen of the City of New-York and all and every the Justices, Assessors and Collectors of the respective Cities and Counties aforesaid, and all others herein concerned are to take notice hereof accordingly.
An Act for the raising One Thousand Pounds, to be imployed by an Agent for the Representation of the State of this Province.
BE it Enacted by the Gorvernor and Council, and Representatives Convened in General Assembly, and by the Authority of the Same, That the Sum of one thousand Pounds current Money of this Province, he laid, assessed, raised and levied upon all and every of the Inhabitants Residents, Sojourners and Freeholders of and in this Province, To be imployed by Wiliam Nicolls, Esq one of his Majesties Council for this Province, elected and appointed Agent by the Representatives of the same, for the Representation of the state of this Province, and how far the security of the Fronteers at Albany hath been a Barrier and Place of Defence for the Preservation of all his Majesties adjacent Collonies, and withal to Represent unto his Majesty the heavy burdens that hath lain upon the Inhabitants of this Province since the beginning of this War; and Most humbly to Address and Supplicate his Most Excellent Majesty, That he would be most graciously pleased to ease and free his most Dutyful and Loyal Subjects Inhabiting within this Province from the like grievous and heavy burdens for the future according to such wayes and means as his Most Excellent Majesty, in his great Wisdom and Prudence shall think meet. To be Laid, Assessed, Raised, Levied and paid unto his Majesties Collector and Receiver General for the time being at his Majesties Custom-house in the City of New-York, at or before the 25 day of March next ensuing the publication hereof, according to the several and respective Quotas and Proportions hereafter following, That is to say, for the City and County of New-York, 289 l. 1 s. being their Quota and Proportion of the Sum of one thousand Pounds Current Money aforesaid. For the County of West Chester, 51 l 14 s. being their Quota and Proportion as aforesaid. For the County of Richmond, 23 l. 10 s, being their Quota and Proportion, as aforesaid. For Kings County, 164 l. 10 s. being their Quota and Proportion, as aforesaid. For Queens County, 148 l. 1 s. being their Quota and Proportion, as aforesaid. For the County of Suffolk, 169 l. 4 s. being their Quota and Proportion, as aforesaid. For Ʋlster and Dutches County, 84 l. 12 s. being their Quota and Proportion, as aforesaid. For the County of Orange, 9 l. 8 s. being their Quota and Proportion, as aforesaid. And for the City and County of Albany 60 l. being their Quota and Proportion, as aforesaid.
And for the better Assessing, Raising, Levying and paying the aforesaid Sum of one thousand Pounds Current Money aforesaid, Be it further Enacted by the Authority aforesaid, That the Mayor and Aldermen of the City and County of New-York, The Mayor and Aldermen of the City and County of Albany, The Justices of the Peace, the Assessors and Collectors for the time being, of all and every respective [Page 111] Citys, Countyes, Towns, Mannors, Libertyes or Jurisdictions within this Province, are hereby Required, and Impowred and Authorized to summons, assess, collect and pay the several Sums of Money herein before mentioned, according to the Proportions before expressed in such ways and means, and according to such manner, rule and direction, and under such pains and penalties as are contained, enjoyned, prescribed and directed in an Act of General Assembly, passed in the Sixth year of his Majesties Reign, Entituled, An Act for the Raising and paying one hundred and seventy men for securing the Fronteers of this Province In the City and County of Albany. And all and every Article, Rule, Clause, Pains and Penalties mentioned in the aforesaid Act, for and Concerning the summoning, assess [...]ing, collecting and paying, or refusing and neglecting the Execution of the respective Duties required therein, shall be, abide, and remain in full force and effect to all intents and purposes, and in as full and ample manner, for the due Execution of this Act, until the abovesaid Sum of one thousand Pounds be duly, fully and compleatly assessed, collected and paid, as abovesaid directed, 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 wise notwithstanding. And the Mayor and Aldermen of the City of New-York, The Mayor and Aldermen of the City of Albany, and all and every the Justices, Assessors and Collectors of the Respective Cities & Counties aforesaid, and all others concerned herein, are to take notice hereof accordingly.
An Act for Confirming & Continuing an Act of General Assembly, Entituled, 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 of Courts of Judicature within this Province, is expired, by its own limitation, and it being needful to Confirm the Same, for the preventing the delay of Justice, Be it Enacted by the Governor and Council, and Representatives Convened in General Assembly, and by the Authority of the Same, That an Act made in the fifth year of his Majesties Reign, Entituled, An Act for the Establishing Courts of Judicature for the ease and benefit of each respective City, Town and County within this Province, And all and every Article, Rule, and Clause therein mentioned, shall be, abide, continue and remain in full force and effect, To all Intents and Purposes whatsoever, as well for the keeping and holding the several and respective Courts of Judicature therein mentioned, at the several and respective Towns also therein Expressed, but also for the Hearing and determining of all Actions, and Causes of Actions, of what Nature soever, therein likewise mentioned and according to the Rules, methods, and Limitations therein Directed, 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, or in any other Act to the contrary hereof in any wise notwithstanding. Provided alwayes, and it is hereby Enacted, That the several and Respective Courts of Pleas held in each of the Respective Cities and Counties within this Province, shall have hereby Power, Authority and Jurisdiction to hear and determine any matter or thing Relating or concerning Titles of Land within their Respective Counties, any thing Contained herein, or in any other Law, to the [Page 112] Contrary hereof notwithstanding. And Provided always, and it is the true Intent and meaning of this Act, That any Person or Persons that shall be any wayes Interested or concerned in any Process wherein the Title of Land is concerned in the said Courts, shall have liberty to Remove the same by Habeas Corpus Certiorari, or any other lawful Writ, and after Judgment he or they have the liberty to Appeal to the Supream Court of Judicature, from any Sentence, Judgment and Decree that shall be given thereon. Always Provided, That this Act nor any Article, Rule or Clause therein, shall continue nor be in force longer then two years from and after the publication thereof.
An Act against the Prophanation of the Lords Day, called, Sunday.
WHereas the true and sincere Service and Worship of God, according to his Holy Will and Commandments, is often Prophaned and neglected by many of the Inhabitants and Sojourners within this Province, who do not keep holy the Lords Day, but in a Disorderly manner, accustom themselves to Travel, Labouring, Working, Shooting, Fishing, Sporting, Playing, Horse-Racing, Frequenting of Tipling-houses, and the using many other Unlawful Exercises and Pastimes upon the Lords day. To the great scandal of the holy Christian Faith, Be it therefore Enacted by the Governor and Council, and Representatives Convened in General Assembly, and by the Authority of the Same, That from and after forty days next after the Publication hereof, There shall be no Travelling Servile Labouring and Working, Shooting, Fishing, Sporting, Playing, Horse-Racing, Hunting or Frequenting of Tipling-houses, or the using of any other Unlawful Exercises or Pastimes by any of the Inhabitants or Sojourners within this Province, or by any of their Slaves or Servants, on the Lords day; and that every Person or Persons offending In the premisses, shall Forfit for every Offence the Sum of six Shillings Current Money of this Province, The same to be imployed and Collected to the use of the Poor of the Place where such Offence shall be Committed. And that any one Justice of the Peace within the several respective Citys and Countys within this Province, where such Offence shall be committed, upon his or their View, Confession of the Party, or proof of any one or more Wittnesses, by Oath, which the said Justice, by Virtue of this Act, is authorized to administer, shall find any Person or Persons, Offending in the Premisses, The said Justice shall give Warrant under his Hand and Seal, to the Constables of the respective places where such Offence Is committed, To levy the said Penalty, so to by assessed, by way of distress and Sale of the Offenders Goods, Rendring to the said Offender the over-plus of the said Money raised of the Goods so to be Sold, If any be. And in default of such distress, that the party offending to be set publickly in the Stocks by the space of three hours. But if the offender of the Premisses, be either an Indian or Negro Slave, or a Servant, shall for each such offence whereof he or they shall be convicted of, as aforesaid, forfeit the Sum of six Shillings Current Money as aforesaid. But in Default of not paying, then the Indian, Negro Slave and Servant offending in the premisses, shall receive thirteen Lashes upon the Naked back, for each offence committed by such Indian or Negro Slave and Servant, as aforesaid. And that if any Person or Persons be sued for the Execution of this Law, he shall and may plead the General Issue, and give the [Page 113] said matter of Justification in Evidence. Provided that no person be sued or questioned by this Act, Except he be called in question within one moneth next after the said offence be Committed. And Provided also, that it shall be lawful for any person to travel upon the Lords day, or to do any Act of Necessity, and to go to the Service and Worship of God in any Church or lawful Meeting within this Province, and from thence to return. Provided, such Journey shall not exceed the number of twenty Miles: and also provided, that it shall be lawful for the Post, or any other person imployed in his Majesties Service, or for any Person imployed to bring a Physitian or a Midwife, to travel upon the Lords day, any thing contained herein to the contrary in any ways notwithstanding. Provided, that this Law shall no ways extend to any Native or free Indian within this Province, not professing the Christian Religion.
An Act for the Regulating the Retaining Attorneys at Law.
WHereas the Number of Attorneys at Law, that practise at the Barr, In this Province, are but few, and that many persons Retain most of them on one side, to the great prejudice and discouragement of others that have or may have Suits at Law: To the end therefore, That Justice may be Equally administred, and no Room left for Complaint, Be it Enacted by the Governor and Council and Representatives Convened in General Assembly, and by the Authority of the Same, That from and after the Publication hereof, That no person or persons that shall have any Suit at Law, in any of the Courts of Record within this Province, shall Retain more then two Attorneys at Law, for the Prosecution or management of any such Suit or Process at Law, that they shall have, and if they Retain any more, It shall be lawful for the Justices of the Bench, where the Suit is depending. To order all such Attorneys as shall be Retained, more then two, as aforesaid, to plead for the other side, without Returning the fee received, any thing contained in this or any other Act To the Contrary hereof In any wise notwithstanding. Provided, that this Act, nor any thing contained therein shall continue in force any longer then two years after the publication hereof.