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Acts made the 7th Assembly & 7th Sessions.
Beginning the second Day of March, 1698. and ending the 16th day of May, 1699. Anno Regni Regis Gulielmi Tertij. Angliae, Scotiae, Franciae & Hiberniae, Ʋnd [...]cim.

An Act for granting unto his Majesty several Duties for the defraying the publick Charge of the Government after the time limitted in an Act, entituled, An Act confirming and continuing unto Their Majesties the Revenue established by an Act of General Assembly for defraying the Publick and Necessary Charge of the Government, is expired.

WHereas the Act of Assembly, entituled, An Act confi [...]ming and continuing unto their Majesties the Revenue established by an Act of General Assembly made in the fourth Year of their Majesties Reign, for defraying the Publick and Necessary Charges of the Government, five years longer than the Term therein mentioned▪ doth expire by its own Limitation upon the 18th day of May, which shall be in the year of our Lord 1700. And whereas the great Happiness which hath attended this Province since his Majesties auspicions Reign, doth call for the grateful Acknowledgement of all the good Subjects of this his Majesties Province, for so great a blessing, which by the goodness of Almighty God this and all his M [...]jesties Kingdoms, and other Dominions, do enjoy under his gracious and vigilent Government. In most humble sence whereof, the Representa­tives convened in General Assembly, having also in their Consideration the extraordinary Care which his Majesty hath at all times taken for the S [...]fe [...]y and Wellfare of this Province; and being willing to give such fresh Demon­stra [...]ions and Assurances of their constant and unshaken L [...]yalty, and most Dutiful Affections unto his most Excellent Majesty, do therefore freely and [Page 120] heartily give and grant unto his most Excellent Majesty, for and during the time▪ term and space of six years, from and after the 18th day of May, which shall be in the year of our Lord 1700. the Rates, Duties, Excise and Sums of Money herein after mentioned, for the defraying the nec [...]ssary Charge of the Government. And do most humbl [...] pray that it may be Enacted, and be it therefore Enacted by his Excellency, the Gove [...]nour, and Council, and Representatives convened in General Assembly. And it is hereby Enacted by the Authority of the same, That there shall be rai [...]ed, levyed, collected, paid and satisfied unto his Majesty, for the time, term and space of six years, from and after the said 18th day of May, which shall be in the year of our Lord 1700. for the U [...]e aforesaid, the Rates, Duties, Impositions & Excise upon the Goods, Wares, Merchandizes, Furs, Wines and other Liquors 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 D [...]pendencies aforesaid, the Sum of Four Pence current Money of this Province. And for every Pipe of Madera, Malmsey, Fyal, St. Georg [...]s, Passedo, Canary, Mallego, Sh [...]rry, and all other sort of sweet Wines, the Sum of For [...]y Shillings, current Money a [...]re­said; and so in proportion for greater and s [...]ller Quantities Imported as aforesaid. And for every Hogshead of Red, White and Rhenish Wi [...]es the Sum of Twenty Shillings current Money aforesaid, and so in Proportion for all greater and smaller Quantities, Imported as aforesaid. And upon all other Merchandizes imported into this Province and Dependencies afore [...]a [...]d, th [...] Sum of Forty Shillings, current Money aforesaid, for every h [...]ndred [...]ounds prime co [...]t, except these her [...]a [...]er s [...]ec [...]fied, viz. Salt, Brick▪ Pa [...]tiles Coles, Fish▪ Sugar▪ M [...]llosses▪ Cott [...]n Wool, Gin [...]er Log-wood Br [...]z [...]lletto, [...]ustick, or any other s [...]t o [...] D [...]ing W [...]od, West India H [...]des▪ Tobacco, B [...]ll [...]on, Plate, Cocco, Pork▪ Oyl [...]ar▪ Flax▪ Soap, Candles, Tallo [...], Ch [...]se, Butter, B [...]ef, Whale-bone, Hops, Apples, Pears, [...]der, Fire wood Plank▪ Boards, Pipe staves, Timber, Pel [...]ry B [...]aver, Sheeps Wool, Onions, Dressed & Undressed Deer-Skins, Honey, B [...]es W [...]x, Bay Wax, Indian Corn, Wheat, Barl [...]y, Rye, Fease, or any other sort of G [...]ain, or any other thing of the Growth & Production of our Neigh­bouring Collonies and Plantat [...]ons in America.

And be it further Enacted by the Authority aforesaid, That there be also given and granted unto his said Majesty, for the intent aforesaid, upon all Mer­chandize commonly called by the Name of Indian Goods, as Duff [...]lls, red, blew and black, Strouds, Blankets▪ [...]lains, half Thicks, Woollen Stockins, White O [...]en­brugs, Mellish Kettles, Hatchets, Hoes, Red Lead, Vermillion, Cotten, Red Kersies, Knives, Indian Habbardasbery, & other Indian [...]oods, the Sum of Five Pounds current Money aforesaid, for every hundted Pounds 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 given and granted unto his Majesty by this present Act; and that the Value of the prime Cost shall be at the Rates hereafter mentioned, viz. Indian Duffiills to be valued at two Shillings & four pence per Yard, Indian Strouds, half a piece▪ four Pounds, a whole piece eight Pounds; [...]ndian Blankets, each piece four Pounds, Indian plain Cotten, eighteen Pence per yard; half Thicks, two Shillings and two pence per yard; Indian white Ozenbrugs Mellish, the English Ell eight Pence, Indian Kettles, under eight Gallons, six Pounds per hundred weight; Indian [Page 121] Hatchets, twelve Shillings per dozen; Indian Hoes, twelve [...]hillings per doz [...]; Red Lead, twenty Shillings per hundred weight; Vermil [...]ion, four Shillings per pound; Cotten, sixteen pence per yard; Red Kersies, two shillings six penc [...] per yard; Knives, three shillings per dozen; Indian Shirts, twenty shillings per doz [...]n; Indian Drawing Knives, Looking Glasses, Indian Wooden Con [...]s, [...] [...]eads, Tobacco in Rolls, Indian B [...]lls, Sci [...]ars, Jews Harps, [...]ndian Po [...]ts, Drills, Tobacco Pipes, li [...]le painted Boxes, Awls, Sword Blades, Copper Tobacco Boxes, Tincey Lace, Indian Gimp Lace, Needles, Tobacco Tongs, Indian Powder Horns, Indian woollen Stockins, and Indian Steels, the Sum of six Pounds, current Money aforesaid, over and above the Two per Cent. aforesaid, for every hundred Pounds value at prime Cost.

And be it further Enacted by the Authority aforesaid, [...]hat there be also given and granted unto his Majesty, for the intent aforesaid, for every Barrel of Powder six Shillings; for every hundred Pounds of Lead▪ six Shillings; for every Gun with or without a Lock, six Shillings, that shall be carryed up Hudson's River in any Vessel, Sloop or Canow, or by any other way what­soever

And be it further Enacted by the Authority aforesaid, That there be also given and granted unto his said Majesty, for the purpose aforesaid, the Duty of Excise upon all Liquors retailed throughout the Province and Dependencies aforesaid, under the Quantity of five Gallons, the sum of twelve Pence, cur­rent Money aforesaid, for each Gallon so retailed Beer and Syder only except­ed) and likewise the sum of six [...]hillings for each Barrel of Beer and Syder sold by Re-tail through-out this Province

And it is further Enacted by the Authority aforesaid, That there be given and granted, and there is hereby further given and granted unto his said M [...]jesty, for the Use aforesaid, a Rate and Duty upon the Furs and Pel [...]ry 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 9 d. currant Money aforesaid; for four Laps, 9 d. for three D [...]llings, 18 d. for ten Raccoons 9 d. for [...]our Foxes 9 d. for four Fishe [...]s 9 d. for five Ca [...]s 9 d. for six Minks 9 d. for one O [...]er 6 a for two Bear skins 9 d for twenty [...]our Musk Rats 9 d. for ten Martins 9 d for every twenty four pounds of Deer and Muse skins 9 d. and for every Ox Cow and Bull Hide slaugh [...]ered in this Province and Dependencies, 6 d. And all other Peltry to be valued to a whole Beaver, 9 d.

And for the due and orderly collecting of the aforesaid Rates, Duties and Excise, and also for preventing of Frauds and Imbezilments of the said Rat [...]s▪ Duties and Excise, Be it further Enacted by the Authori [...]y aforesaid, 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, Ma [...]e 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, or other things, that he or they have on boa [...] such the said Ship or Vessel, and also declare upon their [...]o [...]poral Oathes, That [...]e or they have not broke bulk since his arrival within this Province, b [...]fore he or they made such Report, as aforesaid. And also, all Merchants that have any Goods [Page 122] or Merchandize on board such Ship or Vessel, 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 Good, or Merchandize he hath on board such [...]hip or Vessel, ac­cording to the prime cost. And if any Difference shall arise about the Value of the said Goods, his 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 furth [...]r Enacted by the Authority aforesaid, That if any Master, Mate or Pu [...]ro any Ship or Vessel whatsoever, or any Merchant, Factor, or other, shall, contra [...]y 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 b [...]eak Bulk before making such Report, as aforesaid, shall upon proof made thereof by two sufficient and lawful Wit­nesses, forfeit his said Ship or Vessel, with all her Tackle, Furniture & Ammu­nition▪ one third to his Majesty, one third unto the Governour, and one third unto the In [...]ormer, to be sued for in any Court of Record within this Province, by Bil [...] Plaint o [...] 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 his Majesty, one third to the 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 part 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 & Duties establish­ed by this Act, and there make their Entry and Report of their Design, and enter into Bond, to the value of one Thousand Pounds, current 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 of this Act, then they shall forfeit their Bonds, 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 current Money aforesaid, that they shall not directly or indirectly take on board and carry 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 and Merchandize, without making Entry thereof, or paying of the Rates and Duties aforesaid, then the said Bond shall be forfeited.

And for the due and orderly Collecting of all Duties of Excise hereby given [Page 123] and granted, Be it further Enacted by the Authority aforesaid, That all Retailers of Wine, Rum, Brandy, or any other strong 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 Excise shall appoint; and on Default thereof, all such Liquors as shall be found in any Retailers House or Ware-house, Cellar, or other place belonging unto him, within this Province or Dependencies, and have not been duely entered, and paid the Duties of Excise, as aforesaid, then and in such case, upon Convict­ion by Oath of one or more cred [...]ble Witnesses, before any Justice of the Peace within this Province & Dependencies, the said Retailer or Retailers so offending in the premises shall forfeit all such Liquors, & three times the value thereof, one third to his Majesty, one third to the Governor, and one third to the Informer who shall prosecute the same before any Justice of the Pe [...]ce throughout this Province and Dependencies, who are hereby Authorized and Impowered to hear and determine the same, and i [...] need be, to issue out their Warrant for the seizing and condemning of all such Liquors forfeited as aforesaid, and for committing to Goal all such Retailers of Liquo [...]s who have not entered and paid the Duties of Excise in manner aforesaid, there to remain without Bail or Main prize until they shall satisfie and make payment of three times the value of such Liquors seized and forfeited as aforesaid. Provid [...]d, That he or they have liberty to appeal to the next S [...]ssions of the Peace, giving S [...]curity to answer the same.

And be it further Enacted by Authority aforesaid, That if any Person or Persons within this Province & Dependenc [...]es, not being duly lisenced, shall at any time here-after presume to sell by Retail any the liquors aforesaid, that is to say, a less quantity at one time than five Gallons, the Persons so offending shall forfeit and pay the sum of five Pounds, current Money aforesaid, for every such Off [...]nce, being thereof convict by the Oath of one or more credible Witnesses, to be sued as aforesaid, before any Justice of the Peace thoughout 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 shall 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 aforesaid. Always provided, and it is hereby understood, That there shall no Duty be paid, nor forfeiture made upon any Goods or Merchandize that are not sold or landed within this Province and Dependencies. Alwayes provided, That all Merchants qualified to Trade, by Acts of Navigation and R [...]gulating the Plantation Trade, coming into this Province, or any part thereof, be well and honestly treated and demeaned for such things as by this Act is granted, without Oppression to be done to them, paying the Duties aforesaid.

[Page 124]

An Act for the Restraining and Punishing Privateers and Pyrates.

WHereas nothing can more contribute to his sacred Majesties Honour than that such Articles as are concluded and agreed on in all Trea­ties of Peace, should by all his Majesties Subjects, according to their Duty, be most inviolably p [...]eserved and kept, in and over all his M [...]je­sties Dominions and Territories. And whereas not only against such Treaties of Peace made by his Majest [...] with his Allies, but al [...]o contrary to his Majesties Royal Proclamation, several of his Subjects have and do con [...]inually go off from this his Majesties Province of New-York, into forreign Princes Services, and sail under their Commissions, contrary to their Duty & go [...]d Allegiance, and by fair mean [...] cannot be restrained fr [...]m so doing▪

Be it therefor [...] Enacted by the Governour, Counci [...] and Assembly, and it is hereby Enacted by the Authority of the same, Th [...] from [...] Publication hereof [...] [...]hall [...] [...]e [...]ony for any Person which no [...] or within four years last pa [...]t, here [...]ofore hath, or hereafter shall [...] to this Province, to serve in America i [...] an hostile manner, unde [...] [...] forreign Prince, State or Potentate, or any imployed under any of th [...]m against any other forreign Prince, State or Po [...]entate in [...] with his Majesty o [...] Great Brit­tain, without special Lysence for so doing, under the [...]and and [...] of the Governour or Commander in Chief of this Pr [...]vince, for the time being; and that all and every such Offendor or Offendors contrary to the true intent of this Act, being thereof duely convicted in his Majesties Supream Court of Judicature within this Province, to which Court Authority is hereby given to hear and to determine the same, as other Cases of Fellony, shall suffer Pains of Death, without benefit of [...]l [...]rgy. Provided alwayes never­theless, That this Act, nor any thing therein contained, shall ex [...]end to any person or persons which now a [...]e or have been in any Service or Imployment of any forreign Prince, State or Potentate whatsoever, that shall return to this Province, and leave and desert such Service and Imployment before the first day of May, in the Year of our Lord 1700. next ensuing, rend [...]ing them­selves to the Governour or Commander in Chief, for the time being, and give him such Security as he shall appoint, for their future good Behaviour; and also, that they shall not depart this Province without the Governour's Ticket.

And for the better and more speedy Execution of Justice upon such who having committed Treason, Pyracies, Fellonies, and other Offences upon the Sea, & shall be apprehe [...]ded in, or brought Prisoners to this Province, Be it further Enacted by the Authority aforesaid, That all Treasons, Fellonies, Pyracies, Robberies, Mu [...]thers or Confeder [...]cies committed, or that hereafter shall be committed upon the Sea, or in any Haven, Creek or Bay where the Admiral hath Jurisdiction, shall be enquired, tryed, heard, determined and adjudged within this province, in such like form as if such Offence had been commi [...]ted in and upon the Land; and to that end and purpose Commissions shall be [Page 125] had under the Kings great Seal of this Province, directed to the Judge or Judges of the Admiralty of this Province, for the time [...]eing, and to such [...]her substantial Persons as by his Majesties Governour or Commander in Ch [...]e [...] of this Province for the time being, shall be named or appointed, which sa [...]d com­missioners or such a Quorum of them as by such Commission shall be thereunto authorized, sha [...] have full power to do all things in and about the enquiry, hearing, determining, adjudging & punishing of any of the Crimes & [...]ffences aforesaid, as any Commissioners to be appointed by Commission under the great Seal of England ▪ by virtue of a S [...]atute made in the 28 [...]h year of the Reign of K. Henry the 8th, are impowered to do and execute within the King­dom of England; and that the said Offenders which are or shall be apprehended in, or brought Prisoners to this Province, shall be liable to such Order, Process, Judgments and Execution, by virtue of such Commission, to be grounded upon this Act, as might be awarded or giv [...]n against them, if they were pro­ceeded against within the Realm of England, by virtue of any [...]ommission grounded upon the said S [...]atute. And all Tryals here-to fore had against such Criminal or Criminals, before such Judge or Judges, by virtue of such Commission or Authori [...]y at any time heretofore g [...]an [...]ed; and all Proceed­ings thereupon are hereby ratified, confirmed and adjudged Lawful; and all such Judges, with all and every the inferiour Officers that acted the [...]e [...]y, are hereby indemnified to all intents and purposes whatsoever; and in case they or any of them shall at any time hereafter be sued, vexed, molested or troubled for any such their proceedings, as aforesaid, he or they so sued, vexed or molested shall plead the general Issue, and give this Act in Evidence, any Law, S [...]atute, Custom or Usage to the contrary in any wise notwithstand [...]ng.

Be it further Enacted by the Authority aforesaid, That all and every person or pe [...]sons that shall any way knowingly entertain, harbour, conceal, trade or hold any correspondence by Letter, or otherwise, with any person or persons that shall be deemed or adjudged to be Privateers, Pyrats, or other Offendors, within the Construction of this Act, and that shall not readily endeavour, to the best of his or their Power, to apprehend, or cause to be apprehended, such Offendor or Offendors, shall be liable to be prosecuted as Accessaries and Confederates, and to suffer such Pains and Penalties as in such case by Law is provided.

And for the better and mo [...]e effectual Execution of this Act, Be it further Enacted by the Authority aforesaid, That all Commission Officers in their several Precincts within this Province, are hereby required and impowered, upon his or their knowledge, or Notice given, that any Privateers, Pyrates, or other Persons suspected to be upon any Unlawful Design, are in any place within their respective Precincts, to raise and levy such a Number of well armed Men, as he or they shall think needful for the seizing, apprehending and carrying to Goal all and every such person and persons; and in case of any Resistance, or refusal to yeild Obedience to his Majesties Authority, it shall be lawful to kill or destroy such person or persons; and all and every person or persons that shall oppose or resist by striking or firing upon any of the commanded Parties, shall be deemed, taken and adjudged as Fellons, without benefit of the Clergy; and every such Officer that shall omit or neglect his Duty herein, shall forfeit Fifty Pounds current Money of this Province, for every such Offence, to be recovered in any of his Maj [...]st [...]es [Page 126] Courts of Record within this Province, by Bill, Plaint or Information, where­in no Essoyn, Wager of Law or Protection shall be allowed, one moyety thereof to be to our Soveraign Lord the King, his Heirs and Successors, for and towards the support of the Government of this Province, and the con­tingent [...]harge thereof, and the other moiety to the [...]nformer. And all and every Person and Persons, that upon Orders given him or them, shall refuse to repair immediately with his or their Arms well fixed, and Ammunition, to such place or p [...]aces as shall be appointed by the said Officer, and not readily obey his Commands in the Execution of the Premises, shall be liable to such Fine or Corporal Punishment as by a Regimental Court Marshal shall be thought fit.

An Act for Preventing Souldiers listed in his Majesties Service in this Province of New-York, from Deserting his Majesties said Service.

FOrasmuch as sundry of his Majesties Souldiers in his Garrisons of New-York and Albany, have absented themselves, and deserted the said Gar­risons of New-York and Albany; For the prevention of the like for the future. Be it therefore Enacted by the Governour & Council, and Representatives convened in General Assembly, and by the Authority of the same, That whatsoever Souldier that is now listed in his Majesties Service, for the security of this Province, as aforesaid, or hereafter shall be listed, that shall desert or forsake the said Service without leave first obtained from the Governour, Lieutenant Governour or Commander in Chief, for the time being, under his Hand and Seal, shall suffer the Pains of Death, according to the tenor of an Act of Par­liament passed in his Majesties Kingdom of England, entituled, As Act for punishing Officers and Souldiers who shall Mutiny or Desert their Majesties Service, and for punishing false Masters. And to the end that none of the Inhabitants within this Province shall knowingly harbour, receive, entertain, or in any manner of way be helping, aiding, assisting or encouraging to any of his Majesties Souldiers, listed as aforesaid, to Desert his Majesties said Service, Be it further Enacted by the Authority aforesaid, That whatsoever Persons inhabiting, residing or sojourning within this Province, shall, after publica­tion hereof, knowingly receive, harbour, entertain or conceal any of his Ma­jesties Souldiers, listed as aforesaid, who shall desert his Majesties Service without leave obtained, as aforesaid, in their Houses, Barns, Stables, or any other concealed places, in any part of this Province, within three Miles of York, Albany, or any other Garrison or place where any Number of such Souldiers shall be hereafter posted, or shall be in any manner of way aiding, helping▪ assisting or encouraging to any of the said Souldiers to desert his Ma­jesties Service, or be any ways helpful to carry any of the said Souldiers out of this Province, either by Ship, Bark, Sloop, Vessel, Boat, Canow, Horse, or any other way, shall for each such Offence pay or forfeit the Sum of Twenty Pounds current Money of this Province, to be recovered by Bill, Plaint or Information in any Court of Record within this Province, where no Essoyn, Protection or Wager of Law shall be allowed, one half whereof to our So­veraign [Page 127] Lord the King, his Heirs and Success [...]rs, to be imployed for the [...] the said Companies compleatly full, and the other half to the in [...]or [...]r, or he that shall sue for the same. And if it shall so happen that any person or persons, as aforesaid, that shall be convicted of any the afo [...]said O [...]f [...]nces, and hath not Goods and Chattels, L [...]nds or Tenements for the sati [...]sfying the F [...]r­feiture aforesaid, shall he severely whipt upon his naked back, according to the discretion and direction of that Court of Record where the Prosecution shall be made, provided they do not exceed the Number of [...] save one, and shall likewise be li [...]ted in the Company where such [...] was, and there serve until s [...]e other su [...]cient person he li [...]ed in his room to [...] the said Company so compleat as it was before such D [...]sertion hap [...]ned

And to the end that all such as shall desert his M [...]ties Service, as aforesaid, may be [...]ken up and brought to their respective Officers▪ He [...] by the Authority aforesaid ▪ That whatsoever person or persons that shall [...] any Souldier listed in his Majesties service, as aforesaid, th [...]t are [...] themselves, or deserting the [...]a [...]d Service, and b [...]ing the said Soul [...]iers unto his Majesty [...] Garrison [...] of New-York or Albany, shall have for his Reward five Pounds current Money aforesaid over and above the [...] shall [...] in bringing him to his Majesty's said Garrisons o [...] New York or Albany, [...] the doing whereof, all his Majesties Justices of the Peace, Sheri [...], [...] Sheriffs, Constables, and all others his Majesty's [...], such Civil and Military, are hereby required to be [...] and assi [...]ting, both in the disc [...]very and bringing of such D [...]ser [...]ers to his Majesty's Garrison [...] Albany, as aforesaid▪ Provided. That nothing contained in th [...] [...] continue or remain in force lon [...]er than two years next and after the [...] hereof, any thing contained herein to the contrary [...] in any ways notwithstanding.

An Act for the Regulating and Returning Able and Suffi [...]ient Jurors in Tryals at Law.

WHereas great hurt and damage does arise to the Inhabitants of this Province, by reason of the great Abuse [...] in the returning [...] not sufficiently qualified to discern the Causes in que [...]tion [...] Tryals between party and party. That the same for the future may [...]e rem [...] ­di [...]d, and that able and sufficient Jurors for Tryals, hereafter to be ha [...], may be duly returned by the Sheriff, and other Officers authorized for th [...] service, Be [...] Enacted by his E [...]cellency the Governour, and Council, and Representative [...] [...] in General Assembly, and it is hereby Ena [...]ed by the Authority of the [...], That all Jurors who are to be returned for the Tryals of Issu [...] joyned in any of his Majesties supream or inferiour Courts, or Courts of Mayors and A [...]der­ [...], within this Province, who shall have cognizance of any [...] Majesties Courts of Kings He [...]ch, [...] Pl [...]as or [...], or before any Justices of Ass [...]e, N [...]rius, Over and Terminer, Goal Delivery or General or Quarter Sessions of the Peace, from and after the Publication hereof, in any City or County in this Province, shall every of them then have in their own Name and Right, a good House or Mess [...]ge, with ten Acres of Land, of Free- [...] [Page 128] in the respective Counties wherein they do reside; and in the Cities of New-York and Albany one dwelling House free from a [...]l Incumbrances, or a personal Estate to the value of Fifty Pounds cu [...]rent Money of this Province, [...]ree and clear from all Debts and lawful Demands whatsoever, in the same City, Town and C [...]utr [...] where s [...]ch Jurors shall reside, [...] which Persons, having such Estate, in manner aforesaid, are hereby enabled and made liable and suffici­ently qualified to be returned, and to serve as Jurors for the Tryals of Issues, before the Justices and Courts aforesaid, an [...] Law or Statute to the contrary notwithstanding. And it any person of a lesser Estate and value shall be re [...]ectively returned upon any such Jury or Ta [...]es, in default of such Jurors it shall be a good cause of Chal [...]enge, & the party returned shall be discharg'd upon the said Challenge, or his own Allegation and Oath thereof. And that the same hereafter may be duly observed, the Writ of Venire facias which shall hereafter be awarded and directed for the Impannelling of Juries, in cases aforesaid, within any City and County within this Province, shall have men­tioned, in the Body thereof, Twelve free and lawful men of the Neighbourhood, of which each of them shall have in their own Name and Right a good House or Messuage, with ten Acres of Land of Free hold in the County and in the Cities of New-York & Albany a d [...]elling House free from all Incumbrances, or a Personal Estate to the value of 50 l. free and clear [...]om th [...] Debts and lawful Demands what­soever; and the Preamble and residue of the [...]aid Writ sha [...] be after the usual manner. And that upon every such Writ and Writs of V [...]nire facias the Sheriff, Coronor, and other Minister of each respective City and County in this Province, unto whom the making of the Pannel shall appertain, shall not return any person in any such Pannel, unless he shall then have the Estate, as aforesaid, respectively in the same Cities and Counties where the Issue is to be tryed.

And that Jurors may the better appear upon Tryals at the Courts aforesaid, Be it further Enacted by the Authority aforesaid, That the Sheriffs of the respective Cities and Counties of this Province, for the time being, shall from hence forth cause twelve good and lawful men, qualified as aforesaid, to be duly summoned or warned two days, at least, before the beginning of the respective Courts aforesaid, to be and appear at the first day of the sitting of the said respective Courts, and there to attend during the Sessions of the said Courts, to perform their Duty and Service to the Court, as Jurors or Jury-men, in such cases between party & party, wherein they shall be respectively return'd and impannelled, upon pain that every of them that shall make Default to appear and attend at and during the Session of the said Court, unless they have leave from the said Court to depart, to forfeit the sum of 13 s. 4 d. current Money of this Province, to such use as the said Court shall appoint, and the same to be levyed, recovered and had by the Sheriff or his Deputy, in such manner and ways as Issues of Jurors are used to be levyed formerly. Provided also, That there shall not be returned any person to serve as a Juror aforesaid, who is under the Age of one and twenty years, any thing to the contrary notwithstanding. And this Act to remain in force for two years next after the Publication hereof, and no longer.

[Page 129]

An Act for the Regulating Elections of Representatives in General Assembly in each respective City and County within this Province.

WHereis of late the Election of Representatives to serve in Assembly, in the respective Cities and Counties of this Province, have been mannaged with great Out rage, Tumult & Deceit, to the grievous Opp [...]ession, and depriving the Subject of his chiefest Birth-right, in chusing of his Representatives in Assembly. For Remedy whereof, for the time to come, and that the Subject may freely enjoy his undoubted Right of Electing his Representatives, without Disturbance or Molestation, Be it Enacted by h [...]s Excellency the Governour and Council, and Representatives convened in General Ass [...]mbly, and it is hereby Enacted by the Authority of the same, That the Repre­sentatives of the Cities and Counties, to be chosen within this Province, to come to the Assembly of our Lord the King, in this Province, hereafter to be holden, shall be chosen in every City, and County, and Mannor within this Province, who have right to chuse by People dwelling & resident in the same Cities, Counties and Mannors, whereof every one of them shall have Land o [...] Tenements improved, to the value of Forty Pounds in Free-hold, free [...]ro [...] all Incumbrances, and have possessed the same three M [...]neths before the [...] of the said Writ; and they which shall be chosen shall be dwelling & resid [...]nt within the same Cities, Counties and Mannors; and such as have the greatest Number of them, who shall have Lands or Tenements improved to the value of Forty Pounds in free-hold, free from all Incumbrances, as aforesaid, shall be returned by the Sheriffs of every City, Counties and Mannors. Representa­tives for the Assembly, by Indentures sealed betwixt the said Sheriffs and the said Chu [...]ers, so to be made. And every Sheriff of this Province shall be hereby impowered to have Authority to examine upon Oath every such Chuser, whether he be qualified, by having such an Estate, as aforesaid, to chuse. And if any Sheriff shall return Representatives to come to the Assem­bly, contrary to the intent of this Act, and thereof be convict in the supream Court of this Province, shall incur the Pain and Forfeiture of Fifty Pounds, to the Use of our Lord the King, his Heirs and Successors. And the Repre­sentatives returned contrary to this Act, shall not be qualified to sit in Assem­bly, and shall loo [...]e their Wages.

And whereas the Free-holders, and others, in their right of Election, as also the Persons by them elected to be their Representatives, have heretofore been greatly injured and abused. Now for re [...]dying the same, and pre­venting the like for the future, Be it further Enact [...]d by the Authority aforesaid, That when any New Assembly shall at any t [...]me [...]e [...]eafter be summoned or called, there shall be forty days between the Test and Return of the Writs of [...]; and that the Secretary or Clerk of the Crown of this Province, shall issue out the Writs, for the Election of Representatives to serve in the same Assembly, with as much expedition as the same may be done; and the Writs shall be sealed and delivered to the respe [...]tive Sheri [...]f, of the Cities and Counties aforesaid; and that every such Sheriff, upon the Receipt of the [Page 130] same Writ, shall upon the back thereof, endorse the day he received the same, and within six days after he hath received the said Writ of Election, shall cause publick Notice to be given of the time and place of Election; and give six days Notice, at least, of the day appoin [...]ed, to the Constable of each Town within his Bailw [...]ck, to be by the said Constables affixed to the most publick place of each Town, as aforesaid, for the Election.

And be it further Enacted by the Authority aforesaid, That neither the Sheriff nor Under-Sheriff in any City or County within this Province, shall give, p [...]y, receive or take any F [...]e, Reward or Gratuity whatsoever, for the making out, receipt, delivery, return or Execution of any such Writ or Precept.

And be it further Enacted by the Authority aforesaid, That upon every Election to be made of any Representative to serve in this or any future Assembly, the Sheriff of the City or County where such Election shall be made, shall hold his Court for the same Election at the most publick and u [...]ual place of Election within the said City or County where the same has most usually been made. And in case the said Election be not determin [...]d upon the view, with the con­sent of the Electors there present, but that a Poll shall be required for th [...] Deter [...]ination thereof, then the sa [...]d Sheriff▪ o [...] in his absence his Under-Sheriff, with such others as shall be deputed by him, shall forth-with there provide to take the said Poll in some op [...]n or publick place or places by the same Sheriff, or his Under-Sheriff, as aforesaid, in his absence, o [...] others ap­pointed for the taking thereof, as aforesaid.

And for the more due and orderly proceeding in the said Poll, the said Sheriff, or in his absence, his Under-Sheriff, or such as he shall depute, shall ap­point such number o [...] Clerks as to him shall seem meet & convenient for taking thereof, which Clerks shall all take the said Poll in the presence of the said Sheriff, or his Under-Sheriff, or such as he shall depute; and before they be­gin to take the said Poll, every Clerk so appointe [...], shall, by the said Sheriff, or his Under-Sheriff, as aforesaid, be sworn, Truly and in [...]ifferently to take the same Poll▪ and to set down the Names of each Elector, and the place o [...] his Free-hold, and for whom he shall poll, and [...] poll no Elector who is not sworn, if so required by the Candidates, or any of them then and there present (Which Oath of the said Clerks, the said Sheriff or his Under-Sheriff, or such as he shall depute, are hereby impowered to administer) And the Sheriff, or in his absence the Under-Sheriff, as aforesaid, shall appoint for each Candidate such one Person as shall be nominated to him by each Candidate then and there present, to be Inspectors of every Clerk, who shall be appointed for taking of the Poll. And every Elector, before he is admitted to poll at the same Election, shall, if required by the Candidates, or any of them▪ f [...]st cake the Oath herein after-mentioned, which Oath the said Sheriff by himself, or his Under-Sheriff, or such sworn Clerk by him appointed for taking of the said Poll, as aforesaid, are hereby authorized to administer, viz. You shall swear, th [...] you are a Free-holder for the County of, &c. and have improved Land or Tenement to the value of Forty Pounds, lying at [...] within the said County of [...] Free-hold. And that you have not been before po [...]ed at this Election, nor have you procured this Free-hold to gain your Voice in this Election. So help you God.

And in case any Free-holder, or any other person taking the said Oath, shall thereby commit willful corrupt P [...]rjury, and be thereof convicted, or if any Person do unlawfully or corruptly procure or subborn any Free-holder, as [Page 131] aforesaid, or other person, and shall be thereof convicted, he and they for every such Offence shall incur the like Pains and Penalties as are in and by one Act of Parliament made in the 5th year of the Reign of the late Qu. Elizabeth, entituled, An Act for punishment of such persons as shall procure or commit any willful Perjury, enacted against all such who shall commit willful Perjury, or subborn or procure any person to commit any unlawful and corrupt Perjury, contrary to the said Act.

And be it further Enacted by the Authority aforesaid, That the said Sheriff, or in his absence his Under-Sheriff, or such as he shall depute, as aforesaid, shall at the same place of Election, proceed to the po [...]ing all the Electors then & there present, & shall not adjourn the Poll, then & there [...]ld, to any other Town or place within the same County, without the consent of the Candidates then and there present; nor shall by any unnessary Adjournment in the same place of Election, protract or delay the Election, but shall duly and orderly pro­ceed in the taking of the said Poll, from time to time, from day to day, with­out any further o [...] other Adjournment, without the consent of the Candidates then and there present, until all the Electors then and there present shall be polled▪ and no longer.

And be it further Enacted by the Authority aforesaid, That every Sheriff, Under-Sheriff, or other deputed by [...], to whom the Election shall belong, for the electing of Representatives to serve in Assembly, shall forth-with de­liver to such person or persons as shall desire the same, a Copy of the Poll, taken at such Election, paying only a reasonable Charge for writing the same. And every Sheriff, Under-Sheriff, or o [...]her person depu [...]ed by him to whom the Execution of any Writ or Precept for electing Representatives to serve in Assembly, doth belong, for every willful Offence, contrary to this Act, shall forfeit to every party so grieved the Sum of Thirty Pounds ▪ to be recovered by him or them, his or their Executors or Administrators, together with full Costs of S [...]it, and for which he or they may sue by Action of Debt, Bill, Plaint or Information in any Court of Record within this Province wherein no Essoyn, Protection, Wager of Law, Priviledge or Imparliance shall be admitted or allowed▪

And be it further Enacted by the Authority [...]foresaid, That no person whatso­ever, being under the Age of Twenty one Years, shall at any time hereafter be admitted to give his Vote for Election of any Representative or Representatives to serve in this or any future Assembly. And that no person hereafter shall be capable of being elected a Representative to serve in this or any fu [...]ure Assembly, who is not of the Age of Twenty one Years And every Election or Return of any Person under that Age, is hereby declared to be null and void. And if any such Minor, hereafter chosen, shall presume to sit or vote in Assembly, he shall incur such Penalties & Forfeitures as if he had presumed to sit and vote in Assembly without being chosen and returned Al [...]a [...]es provided, That the Free-men in the Corporations of the Cities of New-York and Albany have liberty to vote in their respective Corporations, provided that they have been Free-men of the said Corporations, and have actually dwelt there three Moneths before the Test of any such Writ of Election, in manner aforesaid, shall be issued out▪ any Usage, Custom or Law to the contrary hereof in any wise notwithstanding. And alwayes provided, That nothing herein con [...]ained shall be construed to bar any Representative of this Assembly [Page 132] of his right of sitting therein, so lo [...] as the same shall continue, any thing to the contrary hereof in any wise [...]withstanding.

An Act for the raising of an Add [...]tional Duty for the defraying the Debts of the Government.

THe Representatives convened in General Assembly having under their Consideration how much the Credit of the Government has been exhausted for want of having the Debts of the Government paid and satisfied, as in justice they ought to be▪ and being willing that the Credit of the Government should not sink, but the same may be supported, and those who have been forward to credit and assist the Government upon sundry Emergencies, may be lawfully recompenced & satisfied for such their Service, and that the Contingent Charge of the Government may be susta [...]ned, have agreed that the Additional Duty and Rates herein after-mentioned, should be levved, collected and p [...]id, and pray that it may be Enacted▪

Be it therefore Enacted by his Excellency and Council, and Representatives con­vened in General Assembly, and be it Enacted by the Authority of the same, I had there shall be raised, levyed, collected and paid unto his Majesty, for and during the space and term of two years, from and after the Publication of this Act, and no longer, the several Rates and Duties herein a [...]ter-mentioned, over and above all other Duties, Charges, Impositions, Rates and Customs by any former Act and Acts set, established and imposed, That is to say, the Rate, Duty and Custom of Six per Cent. upon all Goods, Wares and Merchan­dize of the Growth, Production or 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 his Majesties Kingdom of England, Dominion of Wales, and Town of B [...]rwick upon Tweed. And also, the [...]ate, Duty and Custom of [...]en per Cent. upon all Woollen Manufactures made in our neighbouring Collonies, which shall be imported into this P [...]ovince and Dependencies, from and after the Publication hereof. And also, the Rate and Duty of Ten Shillings currant Money aforesaid, for each Pipe of Wine that shall be imported as aforesaid, and so in proportion for a greater or lesser Quantity. And the Sum o [...] Thirty Shillings, current Money aforesai [...] for each Pipe of Wine that shall be imported, as aforesaid, from any other part or place than the part and place where the said Wine was made, and so in proportion for a greater or lesser Quantity. And the Sum of One half Penny, current Money aforesaid, for each Gallon of Rum imported, as aforesaid. And the sum of Two Pence, current Money aforesaid, for each Gallon of Rum that shall be imported, as aforesaid, from any other part or place than the part and place where the said Rum is made & distilled. And the sum of Three Shillings currant Money aforesaid, for each Barrel of Beer that shall be imported as aforesaid, and so in proportion for a greater or lesser Quantity.

And be it further Enacted by the Authority aforesaid, That the several Rates and Duties hereby imposed on the Goods, Wares, Merchandize and Liquors aforesaid, shall be raised, levyed and collected, recovered and paid unto his [Page 133] Majesties Collector and Receiver General for the time being, during the term before-mentioned, in the same manner and form, an [...] by such Rules, Allow­ances, Ways and Means, and under such Penalties, Fines and Forfeitures as are mentioned, expressed and directed in and by an Act of General Assembly made in this present Session of Assembly, entituled, A [...] Act for granting unto his Majesty several Duties for the defraying the publick Charge of the Government, after the time limitted in an A [...] confirming and continuing unto their Majest [...]es the Revenue established by an A [...]t of General Assembly, [...] defraying the publick and necessary Charges of the Government, is expired, in as full and ample manner as if the same were particula [...]ly recited in this said Act, any thing to the contrary hereof in any ways notwithstanding.

An Act for granting unto his Majesty the Sum of Two Thousand Pounds, Fifteen Hundred Pound, whereof to be allowed to his Excel­lency Richard Earl of Bellomont, and Five Hundred Pounds to Capt. John Nanfan, Lieut. Governour.

THe Representatives convened in General Assembly having in their Consideration the extraordinary D [...]ligence and Care that hath been used by his Excellency since his arrival, for the suppressing of Pyracy and Inlawful Trade; and at the same time knowing that nothing can more effectually redound unto the Prosperity and Advantage of this Provin [...]e, than that the Trade thereof may be d [...]ly regulated and maintained, according to those most excellent Rules and Methods prescribed and directed in the Acts of Parliament made in England for the Regulation of the Plantation Trade, and making the sam [...] more serviceable to the Interest of England. In the sence whereof, and in humble acknowledgment of that great Obligation done unto this Provice by his most excellent Majesty, in appointing a Person of so great Integrity to rule and g [...]vern this Province, who makes it his chiefest End to promote the Honou [...], Interest, Dignity & Advantage of his Majesty's Crown of England, become most hum [...]le [...]upplicants unto his most Excellent Majesty, and pray that his Majesty would be graciousl [...] please [...] to accept of a Demon­stration of th [...]ir Lo [...]al, D [...]ful [...] sincere A [...]fections unto his Majesty's Ro [...]al Person and Governmen [...] e [...]tablished here, the [...]um of Two Thousand [...]ounds current Money of this Province, to be levyed upon all and every the Estates real and personal, belonging to any of the Free holders, In [...]abitants and Resi­de [...]ts within this Province, &c. in such Q [...]ota's and Proportions as are here­after men [...]ioned. And with the great [...]st of Affection do most humbly pray that your mo [...]t excellen [...] Majesty would be most graciously pleased to give & allow the [...]um of Fifteen Hundred Pounds thereof unto his Excellency Richard Earl of Bellomont, your Majesties Capt. General & Governour in chief in & over your Majestie Province of New York, and Territories depending thereon in America; and the Sum of Five Hundred Pounds thereof, being the residue of the said Sum of Two Thousands Pounds unto Capt John N [...]fan your Majesty's Lieut. Governour of the s [...]me; and humbly pray that it may be so enacted.

Be it therefo [...]e En [...]cted by its Excellency the Governour and Council and Repre­sentatives convened in General Assembly, and it is hereby Enacted by the Authority [Page 134] of the same That the Su [...] of Two Thousand Pounds current Money of this Province be laid▪ assess [...] levyed & raised upon all and every the Free-holders Inhabitants, Residenters and Sojourners of and in this Province, to the Uses aforesaid, that is to say, 1500 l. part of the said Sum of 2000 l. for the use of his said Excellency Richard Earl of Bellomont, his Executors, Administrators and Assigns; and 500 l being the residue of the said Sum of 2000 l. as afore­said, for the Use of the said Capt. John Nanfan, Lieut. G [...]vernour, his Execu­tors, Administrators and Assigns, & to no other use, intent or purpose what­soever. Which Sum of 2000 l current Money aforesaid, shall be raised, assessed, collected, levyed and paid unto his Majesties Collector and Receiver General for the time being, at the City of New-York, at or before the 29th day of Septem [...]er next, in this instant Year of our Lord 1699. in such manner, & according to the several and respective Quota's & Proportions following, that is to say, For the City and County of New-York the sum of 571 l. current Money aforesaid. For the County of West-Chester, the sum of [...]03 l. 8 s. For the County of Richmond, 47 l For Kings County, 294 l. For Queens County, 329 l. For the County of Suffolk, 348 l. 8 s. For Ʋ [...]er ▪ and Dutches Coun [...]y ▪ 169 l. 4 s. For the County of Orange, 18 l. For the City & County of Albany, 120 l. all of the current Money aforesaid.

And for the due and better assessing, levying and paying the aforesaid Sum of 2000 l. current Money aforesaid, Be it further Enacted by the Authority aforesaid, That the Mayors & Aldermen of the Cities of New-York and Albany, 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 within forty days after the publication hereof, assemble and meet together in the Court house for the several and 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 Cities of New-York and Albany, and the several and respective Towns, M [...]nn [...]rs o [...] Li­berties, within their several Jurisdictions, for the assessing, collecting & recei­ving of the publick Rates for the defraying of the publick Charge of each respective City and County aforesaid, be the Assessors and Collect [...]s for the assessing, collecting and receiving the Sum or Sums of Money here [...] before mention'd, according to the Proportions before expressed, as to the said Mayors, Alder-men and Justices shall seem meet and reasonable.

And forasmuch as there are several Towns, Mannors & Jurisdictions within the respective Counties aforesaid, who refuse, neglect, or do not elect annually or once every yea [...] Assessors or Collectors, whereby the intent of this Act may be evaded and frustrated, Be it therefore [...]nacted by the Authority aforesaid, That if any of the respective Towns, Mannors or Jurisdictons within the several Counties aforesaid, shall refuse, neglect, delay or deny to chuse or elect Asses­sors and Collectors for the assessing of their several & respective Towns, Man­nors and Jurisdictions, and for the collecting the same, according to the true intent, meaning and directions of this Act, then and in that case it shall and may be lawful for the Justices of the Peace, or any two of them, in the Counties where such Towns, Mannors & Jurisdictions are who are hereby impowered and authorized to nominate and appoint Assessors and Collectors for such Towns, Mannors and Jurisdictions, as shall refuse neglect, delay or deny, as aforesaid. Which Assessors and Collectors, so nominated and appointed, in [Page 135] manner aforesaid, shall to all intents and purposes be deemed and esteemed the Assessors and Collectors of the said Towns, Mannors and Jurisdictions, and observe and execute the Directions of this Act.

And be it further Enacted by the Authority aforesaid, That the said Mayors and Alder-men, the Justices of the Peace for the respective Cities and Counties, have, and shall have, by virtue of this Act, full Power and Authority, each of them by himself, to administer to such Assessor or Assessors, that shall [...] elected or nominated and appointed in manner aforesaid, an Oath, That they shall well and truly execute the Off [...]e of an Assessor, and well, truly, equally impar­tially and in due proportion assess, and rate the Estates of the Inhabitants. Resi [...]ents, Sojourners and Free-holders of the respective places for which they shall be chosen, elected▪ nominated and appointed assessors, according to the best of their ski [...] and knowledge, and th [...]rein they shall spare no p [...]rson for Favour or Affection, or grieve any Person for Hatred or ill W [...]ll. And the said Ass [...]ssors are [...]reby required to deliver one Copy of their Assesment, fairly written and subscribed by [...], unto the said Justices or to the Office of the Clerk of the Peace of the respective County to which they belong. And the said Justices for each respective County, or any two or more of them, are hereby ordered and requi [...]ed to cause the said several and respective Assessments to them delivered, to be fairly written, and to sign and seal several Duplicates or Copies of the sai [...] Assesment, and one of them so signed and sealed, forth-with to deliver, or cause to be de­livered unto [...]he respective Collectors within the several and respective Cities and [...]ounties aforesaid, and shall likewise deliver, or cause to be delivered another fair Copy, so signed and sealed, unto the Clerk of the Peace of the respective County to which they shall belong, there to be filed, and remain upon Record. And the Clerk of the Peace of each County is hereby required to transmit the sum of the Ass [...]ssment of each Town, unto the Receiver [...]e­neral at New York, for the time being, within ten days next & after his receipt thereof, under the Penalty o [...] five Pounds for such his Default.

And be it further Enacted by the Authority aforesaid. That if any person or persons, who shall be chosen, elected, nominated or appointed in manner afore­said, Assessors or Collectors, shall deny, neglect, refuse or delay, or unequally and partially shall assess, as by this Act is required, or shall deny, neglect, refuse or delay to collect any Sum or Sums of Money, in form before-me [...]t [...]oned assessed, that then in such case it shall and may be lawful for any two of his Majesties Justices of the Peace of the Cities & Counties where such Offendors shall happen to dwell or reside, and who by vertue of this Act are required & impowered to do the same, by Warrant under hand and Seal, to commit such Assessors or Collecto [...] so denying, refusing, neglecting or delaying, or un­equally and partially assessing, or refusing to collect, as aforesaid, to the com­mon Goal, there to remain without Bail or Main-prize till he or they shall make Fine and Ransom to his Majesty, for such his Contempt, as aforesaid. And upon such Commitment the Justices are speedily required to nominate & appoint other Collectors and Assessors in their stead and room.

And i [...] any person or persons shall shut their Doors, or refuse to pay the Rates ass [...]ssed by virtue of this Act made and provided, whereby this Act may seem to be frustrated, Be it further Enacted by the Authority aforesaid. That if any person or persons shall neglect or refuse to pay the several Rates and As­sessments where with they are charged by this Act of General Assembly, for or [Page 136] in respect of his and their Goods and Chattels, Lands or Tenements, shall be neglected or refused to be paid upon demand of the Collectors that shall be chosen and appointed to receive the same, or within ten days next & after the said Demand, it shall and may be lawful to and for such Collectors, and they are hereby required, for Non-payment thereof, by Warrant under the Hand of two Justices of the Peace, to distrain the person or persons so refusing o [...] neglecting to pay by his or their Goods or Chattels, or distrain in & upon the Messuages, Lands & Tenements so charged, and the Goods and Chattels then and there found▪ and the D [...]stress so taken to carry away, and the same to ex­pose to sale in the Town or County where such Distress is made, and for want of Buyers, to carry the said Distress to any other place in the Province for the sale of the said Distress accordingly, for the payment of the said Rate or Asses­ment; and the Over-plus coming by the said Sale, if any be over and above the Charges of taking and carrying away the said Distress, to be immediately returned to the Owner thereof. And moreover, it shall and may be lawful to break open in the day time, any House, and upon Warran [...] under the Hands and Seals of any two or more Justices aforesaid, any C [...]e [...]t, Trunk or B [...]x, or other things where such Goods are, and call to their a [...]si [...]tance the Constables, or any other persons within the respe [...]tive Cities, Cou [...]s▪ Towns, Mannors and Jurisdictions where any refusal, neglect or resistance shall be made, which said Officers and Persons are hereby required to be aiding and assisting in the Premises.

And be it further Enacted by the Authority aforesaid, That if any Mayor, Alder-man or Justice of the Peace within this Province, who are hereby re­quired, impowered or authorized to take effectual Care that this Act, and every Article and Clause therein be duly executed, according to the true intent and meaning thereof, shall deny, neglect, refuse or delay to per [...]orm, fulfil & execute all & every the Duties, Powers & Authorities by this Act required and impowered by him or them to be done, performed, fulfilled and executed, and shall thereof be convicted before his Excellency, the Governour & Council, or before any of his Majesty's Courts of Record within this Province, he or they shall suffer such Pain, by Fine and Imprisonment, as by the Discretion of his said Excellency, the Governour and Council, and the Justices of the said Courts shall be adjudged.

And be it further Enacted by the Authority aforesaid, That if any Action, Bill, Plaint or Information shall be brought, moved or prosecuted at any time here­after, against any person or persons, for any matter, cause or thing done or acted in pursuance or execution of this Act, such person or persons so sued or prosecuted in any Court whatsoever, shall and may plead the general Issue, Not Guilty, and give this Act, and the special matter in Evidence. And if the Plantiff or Prosecutor shall be Non-suited, or forbear further Prosecution, or suffer Discontinuance, or Verdict to pass against him, the Defendant or De­fendants shall recover tribble Costs, for which they shall have the like Remedy as in case where costs by the Law are given to Defendants. Provided alwayes, That no Mayor, Alder-man or Justice of the Peace shall be 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 hereof in any wise notwithstanding.

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An Act for the enabling the City of New-York to pay their Debts, and to Erect and Repair their Publick Buildings, and de [...]r [...]y their Necessary and Publick Charge.

WHereas the City of New York, by reason of the excessive Charge they have been at, during the late War, is become con [...]i [...]erably in Debt, and their City-Hall and Ferry-House are [...]allen into such a Decay, as there is an absolute Necessity for the Re-building o [...] the same, as well as other necessary and publick Buildings for the good, weal and accomodation of the said City. To the end therefore that the said City of New-York may be the better enabled to erect a new City-Hall, re build their F [...]rry H [...]u [...]e, and other necessary Publick Buildings in the [...]aid City, & pay their just [...], and defray the other contingent publick Charge of the same, Be it therefore Enacted by his Excellency and Council, and Representatives convened in General Assembly, and it is hereby Ena [...]t [...]d by the Authority of the same ▪ Tha [...] the Mayor, Reco [...]der, Alder-men a [...]d Assi [...]tants of the said City▪ for the time being, or the major part of them, whereof the Mayor or Recorder of the said City to his one, shall yearly, in the Week before the Fe [...]st Day o [...] St. Michael the [...] Angel, elect and appoint six good and sufficient Citizens, inhabiting [...] the said City, who shall be called. The Over-seers of the publick Works & Bu [...]ld­ings of the said City, and they, o [...] any three of them, by and wi [...]hin▪ [...] of the Mayor or Recorder, Alder-men and Assistants of the said City, are hereby authorized, impowered and enabled annually, and once every year, at the time aforesaid, to raise a reasonable Tax up [...]n all [...] every the Inhabitants, Free-holders and Sojourners within the said City, towards the erecting a new City-Hall, re-building their Ferry-House, an [...] the other necessary publick Buildings in the said City, as well as for paying their just Debts, and defraying the other contingent publ [...]ck Charge of the said City.

And for the better raising and levying the said Tax, for the Uses aforesaid, Be it further Enacted by the Authority aforesaid, That the Mayor or Recorder, Alder-men & Assistants of the said City, or the major part of them, whereof the Mayor or Recorder of the said City to be one, with the Over-seers so to be nominated, as aforesaid, or any three of them, shall meet together, at the least once in every three Moneths at the City-Hall of the said City [...] or such other place as the Mayor shall appoint, & there to consider how much Money will be needful to be raised for one year, for the defraying the Charge, as a [...]ore­said, and the Estimate thereof they shall cause to be particularly expressed in writing▪ that is to say, the particular Sum or Sums that they shall judge need­ful for the erecting a new City-Hall, and so respe [...]tively for al [...] such o [...]her Buildings, Debts and necessary Charge which shall be needful to be [...]mployed for one year. Which Sum & Sums of Money so particularized & estimated, as aforesaid, shall be by the Assessors of the said City, equally and proportion­ably assessed upon the Real and Personal Estates of all and every the Inhabi­tants. Free-holders and S [...]journers within the said City, for one year, for the purposes aforesaid; which being allowed or confirmed by the Mayor or Re­corder, or any two or more of the Alder-men of the said City, shall be collected [Page 138] by the respective Collectors of the said City, and quarterly paid by every re­spective Inhabitant, Free-holder or Sojourner within the same City, upon Demand made thereof by the respective Collectors aforesaid, appointed to gather and collect the same. And in case of Refusal or Neglect of any person or persons paying the same they shall be so assessed, when thereunto demand­ed, as aforesaid, then it shall be lawful by Warrant of the Mayor or Recorder, and any one or more of the Alder-men of the said City, under their hands & seals, to cause levy the sum assessed by Distress & sale of the O [...]endors Goods, all which Sum or Sum [...] of Money collected, paid & levyed, as a [...]oresaid, shall be paid unto the Treasurer of the said City quarterly, and there shall remain until the same be ordered for the purposes aforesaid, by order of the Common Council of the said City, & by Warrant under the hand & seal of the Mayor.

And be further Ena [...]ted by the Authority aforesaid. That if the Mayor or Re­corder, Alder-men and Assistants shal refuse, delay or neglect to nominate & appoint Over-seers yearly, as is before appointed, that then each of them shall loose and forfeit for every such Default the sum of five Pounds current Money of New-York, to be imployed for the Re [...]ie [...] the Poor of the said City, & to be levyed by Distress on their Goods, by Warrant from the general Quarter-S [...]sions of the Peace of the said City. And if any Ove [...]- [...]ee [...] [...]ss [...]ssor or Collector shall refuse, neglect or delay to serve and execute the respective Duties before­ment [...]oned and required, shall, for each default that shall happen, loose and forfeit the sum of five pounds current Money aforesaid, to be levyed by Distress, and imployed as aforesaid▪ by Warrant under the hand & seal of the Mayor or Recorder, and any two of the Alder-men of the said City. Provided, That this Act, nor nothing herein contained shall continue or remain longer in force than the space & term of three years next & after the Publication hereof.

An Act to enable the City and County of Albany to defray Their Necessary Charge.

WHereas there is an Act of General Assembly made in the 9th year of his Majesties Reign, entituled. An Act to enable the City and County of Albany to defray their necessary Charge for two years from the publi­cation thereof, which Act doth terminate by its own limitation upon the first day of July next; and the Representatives of the said City and County of Albany humbly praying that the said Act may be renewed and continued for two years longer after the expiration of the said Act. Be it therefore [...]nacted by his Excellency, the Governour 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 levyed upon all Indian Goods that are brought up to the said City & County of Albany and there sold and consumed. And also, that the Impost of Three Pence be raised and levyed upon each Gallon of Rum that is sold [...] consumed within the City & County. And for the due and orderly collecting of the 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 [Page 139] 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; and 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 Assistants of the said City, all persons that trade and bring up to the said City & 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 & 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 law­full 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 all such Goods and Rum as shall be imbeziled, and not pay the Duties aforesaid, one third to the Imformer, one third to the said City & 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 & applyed to the defraying the necessary Charge of the City and County aforesaid; and that the Treasurers, Collector or Receiver for the time being, shall not pay any of the Money received, as aforesaid, but by Warrant from the Mayor of the said City, and approved by the Justices of the Peace of the said County. Provided, That this Act shall only remain in force for the space of two years, and no longer, and to com­mence upon the expiration of the former Act, any thing contained to the con­trary hereof notwithstanding.

An Act to enable the respective Towns within this Province to Build and Repair their Meeting-Houses, and other Publick Buildings.

WHereas the several and respective Towns within this Province are at a great loss for want of publick Buildings for the Worship & Service of God, as well as for other necessary publick Services. To the end therefore that each respective Town within this Province may be enabled to erect pub­lick Buildings for the Worship of God, and other publick Services, Be it Enacted by his Excellency and Council, and Representatives convened in General Assembly, and it is hereby Enacted by the Authority of the same, That the Trustees of each respective Town within this Province, or such other persons who shall be yearly elected by the major part of the Free-holders of each respective Towns within this Province, shall be hereby impowered annually, or once a year, to make a yearly Rate, either for the erecting of a publick Edifice or Church for the Worship and Service of God, where the same is wanting, or for any other publick Buildings, Town-houses & Goals, for the publick Service of the Town; which Rate shall be laid upon all & every the Free holders, In­habitants and Sojourners in each respective Town aforesaid, according to such manner, and in such form as the other publick Rates are established, for the defraying the publick Charges of each respective County within this Province. And the Assessors and Collectors of the respective Towns aforesaid, are here­by [Page 140] required to execute their Duties accordingly. And if any person or persons within any of the said respective Towns, who shall be rated, ass [...]ssed, as afore­said, shall refuse to pay or contribute their proportion so rated and assessed, then it shall be lawful for the Collector of the said Town, where such Refusal shall happen, to levy the same by Distress upon the Goods and Chartels of them or him so offending, by Warrant under the hand and seal of the Justice of the Peace of the Town where the Offence shall be. And all and every of the publick Rates hereby established, shall by the Trustees, or such other persons who shall be yearly elected by the major part of the Free-holders, as aforesaid, be only imployed to the Buildings and Repairing of the said publick Edifices and Buildings, and to no other use, purpose or intent whatsoever, any thing to the contrary hereof in any wise notwithstanding▪

Provided, and be it Enacted by the Authority aforesaid, That the Precin [...]t of Bridge-Hampton, commonly called Sagaboneck, and M [...]one, within the Town of Southampton, shall so ever hereafter be estemed a di [...]tinct Parish from the said Town of Southampton, and have and enjoy all the Priviledges and Benefits of a distinct Parish, for the building and erecting of a publick Edifice, with its ap­purtenances, for the publick Service of God, according to the true intent and meaning of this Act; and they are hereby impowered and authorized to lay Rates upon their respective Free-holders, Inhabitants & Sojourners within the said Precincts of Bridge-hampton, in as f [...]ll and am [...]e manner as if the said Precincts were a seperate and distinct Town within his Province, any thing contained in the Grant of Southampton to the contrary hereof in any ways not­withstanding.

An Act for Preventing of Trespasses.

WHereas great Damage and Waste is made upon the Commons and particular Free-holds belonging to the Inhabitants of this Province, by a number of Idle Persons, who enter upon other Persons Estates, and cut down their Timber, and carry it away clandestinely, to the great loss of the Owners thereof. For the preventing of such Practices for the [...]uture, Be it Enacted by his Excellency and Council, and Representatives convened in Ge­neral Assembly, and it is hereby Enacted by the Authority of the same, [...]hat if any person or persons shall cut or carry off any manner of Wood, Under-wood, Timber, Poles or Trees standing, lying or growing on the Land which to them does not belong, but is in the Right and Possession of any other, or cut off or from the Commons of any Town within this Province, other than that to which he doth belong, or if within the same Town, having no right or pri­viledge there, without leave or lysence from the major part of the Propriety, or the Trustees of such Commons, or the Owner or Owners, Possessor or Pos­sessors of the Land whereon such Wood, Under-wood, Timber, Poles or Trees were standing, lying or growing, every Person so offending shall forfeit and pay unto the party or parties injured or trespassed upon, the sum of Twenty Shillings current Money of this Province, for every Tree of one foot over, and the sum of six Shillings current Money aforesaid, for every Tree or Pole under that bigness; and for other Wood or Under-wood the value thereof; to be recovered by Action, Bill, Plaint or Information before any Justice of the Peace [Page 141] in the County where the Offence is committed, if the forfeiture exceed not 5 l. but if it be above that value, then before the inferiour Court of Common Pleas, within the same County: And if any person shall be convict a second time of such Offence, he shall forfeit and pay to the use of the Town, where the offence is committed, the sum of forty Shillings current Money aforesaid, or suff [...]r one Moneths Imprisonment over and above the forfeiture above-said, or Damages to the party injured.

And be it further Enacted by the Authority aforesaid, That when in Action of the Trespass brought before a Justice of the Peace, the Denfendant shall justifie, & demur upon the Plea of Title, a Record shall be made thereof, & the matter of fact taken, pro Confesso, and the party making such Plea shall become bound with one or more Sureties, by way of Recognizance, unto the adverse party, in a reasonable sum not exceeding 20 l. on condition that he shall pursue his Plea, and bring f [...]rward a Suit for a Tryal of his Title at the next inferiour Court of Common Pleas, to be holden for the County in which such Trespass is alledged to be done, and pay and satisfie such Damages & Costs as by the said Court shall be awarded against him; which Recognizance the Justice is hereby impowered to require and take, and shall be paid for the same by the Recog­nizor, the sum of 18 d. and for entring his Plea 9 d. and at the char [...]e also of the same party, shall certifie the Process & Record of such Plea, together with the Recognizance, unto the said inferiour Court of Common Pleas. And if such Recognizor shall neglect to bring forward such Suit at the inferiour Court, according to the Tenor of his Recognizance, the Default shall be entered in the said Court, and a Writ of Scire Fa [...]a [...] shall issue out of the Clerks Office of the same Court, in manner as by Law is directed, for the Recovery of the sum or Penalty in the said Recognizance mentioned of him the said Recognizor his Surety or Sureties Or if upon Tryal before the said Court he shall not make out a Title to the Land or Tenement on which the Trespass is alledged to be done, paramount to the Possession or other Title of the adverse party, Judg­ment shall be rendered for the party upon whom the Trespass has been done, for tribble Damages and Costs of Suit. But if the Defendant in Trespass, justifying on Plea of Title, shall refuse or neglect to become bound in manner as aforesaid, then his Plea shall abate, and the Justice, notwithstanding the same, shall proceed to try the Cause, as aforesaid, and upon due proof of the Trespass committed by him, shall award Damages against him accordingly, to what shall be made out, and cost of Suit. And if upon the opening and pleading of any Action of Trespass, there be proved any Force or Violence, & Breach of the Peace, the party or parties guilty thereof shall be also fined to the King, or otherwise punished, as the Law in such cases does provide.

Alwayes provided, That the City and County of Albany and the County of Ʋlster be exempted from the Priviledge of this Act, any thing herein contained to the contrary hereof notwithstanding.

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An Act for Indemnifying of all such Persons as were Ex­cepted out of the General Pardon, made by Act of General Assembly in this Province in the Year of our Lord 1691.

WHereas the General Assembly of this Province did by an Act▪ entituled, An Act for pardoning such as have been active in the late Disorders, except against several of his Majesties good Subjects, viz. Jacob Leyster, Jacob Millbourn, Gerrardus Be [...]kman, Abraham Governeur, Abraham Bral [...]ier, Thomas Williams, Myneart Coerte [...], Johonnes Vermelse, Nicholas Blank, Garret Duyking, Hendrick Jansen, J [...]hn Coe, William Lawrence of East-Jarsey, Cornelius Pluvier, William Churchill, Jost Stoll, Samuell Staats, Jacob Mauritz Robert Lecock, Michael Hansen, Richard Ponton, Joseph Smith, John Ba [...]ly Roelof Swartwont, Anthony Swartwont, Johannes Provost, Jacob Mely [...]n, Benjamin [...]lagg, Joachim Staats, and Richard Pretty, who had been forward in the late happy Revolution, from having the benefit thereof. And the Representatives now convened in Ge­neral Assembly taking into their serious Consideration the ill consequences that have already accrewed, & yet still may ensue by the aforesaid Exceptions, to the great Damage and Ruin of such as declared for his pre [...]ent Majesty at the time of the said happy Revolution, as well as the continual Disturbances which Persons ill affected to the Peace of this Government, do thereby insi­nuate, create and foment. And whereas her most sacred Majesty, the late Queen Mary, (of blessed Memory) by her order in Council, dared the 13th day of May, 1692. was graciously pleased to discharge all Recognizances and Proceedings thereupon, for any matter or thing committed in the assisting of Capt. Jacob L [...]yster, whilest he had the Administration of the Government of this Province. And whereas by Act of Parliament, made in the 6th and 7th years of his Majesties Reign, for the Reasons and Motives in the said Act at large expressed, the Judgments and Attainders of Jacob Leyster, deceased, Jacob Millbourn, deceased, and Abraham Gouverneur, (three of the Persons mentioned and excepted in the said Act or Assembly) were Reversed, made and declared to be null and void to all Intents, constructions and purposes whatsoever, as if no such Convictions or Attainders had ever been had or given. And now whereas Gerardus Beekman, Thomas Williams, deceased, Mynart Coerten, Abraham Brashier and Johannes Vermelse, deceased, were toge­ther with the said Jacob Leyster, and for the joyning with and assisting of the said Jacob Leyster, and holding of the Fort against Major Ingoldsby, were severally attainted and convicted at the Supream Court of Judicature in this City of New-York, of Treason and Murder, Be it therefore Enacted by the Governour, Council and Representatives in general Assembly convened, and by the Authority of the same, That the said several Convictions, Judgments and Attain­ders of the said Gerrardus Beekman, Thomas Williams, deceased, Mynart Coerten, Abraham Brashier and Johannes Vermelse, deceased, and every of them be and are hereby repealed, reversed, made and declared null and void to all intents, constructions and purposes whatsoever, and that no Corruption of Blood, or any other Forfeiture of Lands, Tenements, Hereditaments, Goods and Chat­te's be by the said Convictions or Attainders, or either of them incurred, any Law, Usage or Custom to the contrary notwithstanding.

[Page 143] And be it further Enacted by the Authority aforesaid, That all and every of the above-named Gerrardus Beekma [...], Abraham Bra [...]bier, Thomas Williams, Myneart Coerten, Johannes Vermelse, Nicholas Blank, Garret Duyking, Hendrick Jansen, John Coe, William Lawrence of East-Jarsey, Cornelius [...]l [...]vier, William Churchill, Jost Stool, Samuell Staats, Jacob Mauritz, Robert Lecock, Michael Hansen, Richard Ponton, Joseph Smith, John B [...]ly, Roelof Swartwont▪ Anthony Swartwont, Johannes Provost, Jacob M [...]lyen, Benjamin Blagg, Joachim Staats, and Richard Pretty, be and are her [...]by forever indemnified for all and every of their actings in the late happy Revolution, as aforesaid; and all Judgments and Executions had against their Persons or Estates, for or by reason as afore­said, are hereby declared to be null and void▪ and the same are hereby Re­pealed and Reversed, any Law, Usage or Custom to the contrary notwith­standing.

An Act for Repealing an Act of Assembly, entituled, An Act for the Regulating Damages done in the time of the late Disorders, and for Ʋnit­ing the Minds of their Majesties Subje [...]ts within this Province, and for calling h [...]me such of their Majesties Subjects that have lately absented themse [...]ves from their Habitations, and the usual places of their abode.

WHereas an Act of Assembly, made in the third year of his Majesties Reign, entituled, An Act for the Regulating Damages done in the time of the late Disorders, &c. is found grievous to many of his Majesties good Subjects within this Province, and hath not in the least measure answer­ed the design for which it was made, and the continuance thereof would be very prejudicial to all his Majesties said good Subjects. For Remedy whereof Be it Enacted by his Excellency the Governour and Council, and Representatives convened in General Assembly, and it is hereby Enacted by the Authority of the same, That the aforesaid Act, entituled, An A [...]t for the Regulating Damages done in the time of the late Dis [...]rders, &c. be repealed, reversed, vacated, and become null and void and of none effect. And the said Act, and all the Articles and Clauses therein mentioned, are hereby declared to Repealed, Rever [...]ed, Va­cated and become null, void and of none effect to all intents▪ constructions and purposes whatsoeve [...]. And all Process Summons, Judgments, Sentences and Decrees, Determinations and Executions heretofore had against any person or persons, his or their Estates, Lands and Tenements, Goods or Chattels, for or by reason of any Power or Authority granted unto any person or persons [...]s Commissioners for the Execution of any of the Powers or Authorities mentioned in the said Act, are hereby declared to be null & void, and of no force and virtue, and shall forever hereafter cease and determine to all intents and purposes whatsoever, in as full and ample manner as it no such Act had ever been in being, or of any force or virtue, any thing contained in the said Act to the contrary notwithstanding.

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An Act to prevent Vexatious Suits, and settling and quieting the Minds of his Majesties peaceable Subjects within this Province.

WHereas upon the News of the late happy Revolution, and his Maje­sties glorious Enterprize to rescue the Kingdoms of England, Scot­land and Ireland, and the Dominions thereunto belonging, from Popery, Slavery and Arbitrary Power [...]everal persons well affected to his Maje­sties Person and the Protestant Religion, and the good of their Country, in this Province, did according to the most noble Example of the great People of England, declare for their Deliverer, and for his Service took upon them the Government of this Province, and appointed Capt. Jacob Leyster Commander in chief thereof, until his Majesties pleasure should be known therein, who was afterwards confirmed in the said Command by his Majesties Royal Letter dated the 30th of July, 1689 and by virtue thereof kept the Administration of the Government until the arrival of Coll Henry Slaughter, his Majesties late Capt. General of this Province And whereas the persons aforesaid, through the exigence of the War, and the continual Troubles raised by persons disaffected to his Majesties Person and Government, were by inevitable neces­si [...]y constrained, for the preservation of this Province, to take, seize and secure several disaffected Persons, and enter into the Possessions and Houses of several M [...]rchants, and others, and there took several Goods, Wares and Merchandize which were imployed for his Majesties Service, and the De­fence of this Province, in all which Force, Violence and defect of Form, was unavoidable, which in a time of Peace and common Safety would not have been warrantable yet were neccessary and allowable in regard of the Exigence of the publick Affairs, and ought to be justified, and the Persons therein con­cerned indemnified, yet nevertheless some persons ill affected to his Majesties Government, and the safety and wellfare of this Province, have commenced and prosecuted, and threaten to commence and prosecute Actions and Suits against his Majesties good Subjects for and by reason of their actings and doings aforesaid. Therefore for preventing the Trouble and Charges which the said good Subjects might be put to, by the means of such vexatious Suits, the Representatives convened in General Assembly taking the same into their serious Consideration, and an Act of Parliament made in the first year of William and Mary, entituled, An Act for preventing vexations Suits against such as acted in order to the bringing in their Majesties, and for their Service, and the effectual Remedies therein prescribed would be of gre [...]t use in this Pro­vince, Be it therefore Enacted, and it is hereby Enacted by the Governour, Council and Representatives in General Assembly convened, and by the Authority of the same, That all Personal Actions, S [...]its, Molestations or Prosecutions whatsoever, and Judgments & Executions had thereupon, for or by reason of the premises, or any matter or thing advised, commanded, appointed, happened or done in the late happy Revolution in this Province for their Majesties Service, and the safety of this Government, be and are hereby discharged. And if any Action or Suit hereby declared, or intende [...] to be discharged, shall be commenced or prosecuted, every person so sued may plead the general Issue, and give this Act and the special matter in evidence; and if the Plantiff shall become Non-suited, [Page 145] or forbear further prosecution, or suffer Discontinuance, or if a Verdict pass against hi [...], the said Defendan [...] [...]hall recover his double Costs, for which he shall have the like Remedy as in case where Costs by Law are given to De­fendants.

An Act for settling the Estate of Jacob Millbourn, Esq Deceased.

An Act for Reviving an Act of Assembly expired by its own Limitation, entituled, An Act for the Regulating the retaining Attorneys at Law.

BE it Enacted by his Excellency and Council, and Representatives convened in General Assembly, and by the Authority of the same, That an Act of As­sembly, entituled, An Act for the Regulating the Retaining Attorneys at Law, which is expired by the Limitation therein mentioned, be continued, abide and remain in full force and virtue to all intents and purposes whatsoever, and all the Articles and Clauses therein mentioned, are to abide and continue in like force and virtue to all intents and purposes whatsoever, in as full and ample manner, for the space of seven years, next and after the publication hereof, as if the same were particularly recited in this Act, any thing therein to the contrary hereof in any ways notwithstanding.

An Act for Continuing the Act for Encouraging of the Post Office Two Tears longer after the Expiration of the last Act made for Continuance of the same.

WHereas the Act for continuing the Act for encouraging the Post-Office, did expire by i [...]s own Limitation on some day of April last, and the advantage which the Inhabitants of this Province daily have, the mutual Cor­respondence they have with their neighbouring Collonies and Plantations, and for me promoting of Trade and Wealth of each other, encourageth the continuance of the same, Be it therefore Enacted by his Excellency the Governour and Council, and it is hereby Enacted by the Authority of the same, That an Act entituled, An A [...]t for the Encouraging of the Post-Office, which was continued by another Act three years longer than the time limited in the said Act, shall be, continue and abide for the space of two years longer next and after the expiration of the time therein limited in full force and virtue; and all the Rates and Sums of Money established, by virtue of the said Act, upon Letters and Pacquets that shall be received and dispatcht by the Office and Offices, contained in the said Act, shall be paid by the space of two years next and after the expiration of the term limited in the said Act, according to such Rules and Directions, and under such Penalties and Forfeitures as is contained and enjoyned by the aforesaid Act; & the said Act, entituled, An Act for encouraging [Page 146] the Post-Office, and every Article, Rule and Clause therein mentioned, shall be, abide, remain and continue in full force and effect to all intents and pur­poses during the said time, as fully, and in full and ample 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 ways not­withstanding.

An Act for Committing of Ebenezer Willson & Samuell Burt, Farmers of the Excise of the Island of Nassaw, for their contemptuous Refusing to render an account of what they farmed the same for to the respective Counties, Towns and Mannors on the said Island, for the last year.

WHereas all just improvement of his Majesties Revenue in this Province is not only highly important to his Majesties Service, but tends to the good, wellfare, benefit and behoof of all the Inhabitants therein, and his Ex­cellency the Governour and Council met in general Assembly, having the same under their consideration, upon a due inspection into the several Branches thereof, do find that the Excise for several years last past let to farm, either by fraud, collusion or great Negligence in those who have been impowered to let it, has rendered this last year in one County, much le [...]s than in former years it has been let for, & that the Excise of the Island of Nassaw has not pro [...]uced what might reasonably be expected, in proportion to the other parts of this Province, that in order to discover the Truth of such ma [...]nagement past, as well as to enable them how best to improve the same for the future, have thought fit to require such Farmers of the said Excise of Nassaw Island to lay before this House, upon Oath, the most plain and perfect account they are able to give, of what they have let the Excise of the several Towns, Mannors and Jurisdictions within the said Island of Nassaw the last year of their Farm afore­said; and Mr. Samuell Burt and Capt. Ebenezer Willson of this City having owned they did farm the same, & being often required, for the Reasons afore­said, to render to this House, such Account, so necessary for his Majesties service, and in order to detect all fraud and negligence in all those who have let th [...] same, as well as for the better improvement of that Branch of his Majesties Revenue for the future, the said Burt and Willson, without giving any suffici­ent Reason, in contempt of his Majesties Authority, with which this House, in the Quality they are now sitting, is invested wilfully, & stubbornly have done, and do refuse to give any such account as required, Be it therefore Enacted by his Excellency the Governour and Council, & Representatives convened in General Assembly, and it is hereby Enacted by the Authority of the same, That the said Sam. Burt and Ebenezer Willson be and stand committed into safe Custody without Bail or Mainprize until they shall exhibit under their hands, upon Oath, the most plain and perfect account they are able to give, of what they let the Ex­cise of the several Towns, Mannors and Jurisdictions within the said Island of Nassaw, for the last year of their Farm aforesaid, as in Duty they ought to do, any Law or Statute to the contrary hereof notwithstanding.

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An Act for the Vacating, Breaking and Annulling several Extravagant Grants of Land made by Coll. Fletcher, late Governour of this Province under his Majesty.

WHereas their Excellencys, the Lords Justices of England, have by their Instructions unto his Excellency the Governour, [...]aring date the 10th day of November. 1698. directed his said Excellency to use all legal means for the breaking of extravagant Grants of Land in [...] Province. And whereas there is an extravagant Grant of L [...]d, se [...]led with the Seal of the Province, made by Coll. Fletcher, late Governour of this Province un [...]er his Majesty, unto M. God [...]ry Dell [...]us, bearing date the 3d d [...]y o [...] S [...]ptember, 1696. and Registered in the Secretary's Office, containing a certain Tract of L [...]d lying upon the east side of H [...]dson's River between the Northmost bounds of Saragh [...]ogo and the Rock Ross [...]n, containing about seventy Miles in length, and goes backward into the Woods from the said H [...]dsons River twelve Miles, until it comes unto the Wood back, and so far as it goes, be it twelve Miles more or less [...]rom H [...]dso [...]s River on the ea [...]t side, & [...]rom said Creek by a line twelve Miles distant from said River. To have and to hold said Land and Appurtenances unto him the said Godfry D [...]ll [...]us his H [...]irs and Assigns forever, under the Rent reserved of one Raccoon skin per [...]nnum. And whereas there is another extravagant Grant of Land, made [...]s aforesaid, unto the said Godfry Dellius, William Pinhorn & Evert Banker, &c. sealed also with the Seal of the Province, bearing date the 30th of July, 1697. and likewise Registered in the Secretary's Office, containing a certain Tract of vacant Land, lying upon Mo [...]aques River, above a place commonly known by the Name of Orra [...]ke [...], beginning from a place called by the Natives O [...]endiere, and runs up along the said River about fifty Miles, more or less, to a place called Arach Soch [...]e, and extending in breadth between the said places O [...]endiere and Arach sochne ▪ two Miles on each side of the River, as it runs. To have and to hold the [...]aid T [...]act of Land & appurtenances unto the said Godfry Dellius Evert Banker, William Pinhorn &c. their Heirs and Assigns forever, under the reserved Rent of the Beaver skin for the first seven years, and five Beaver skins yearly forever there­after. That it having appeared before the House of Representatives convened in General Assembly, that Mr. Godfry Dellius has been a principal Instrument in deluding the Mohaque Indians, and illegal and surrepitious obtaining of said Grant, that he ought to be, and is hereby suspended from the exercise of his Ministerial Funct [...]n in the City and County of Albany. And whereas there is another extravagant Grant of Land, made in manner aforesaid, unto Coll. Nicholas Bayard, bearing date the 12th day of December 1695, 6. and Regi­stered in the Secretary's Office, containing a certain Tract of Land, scituate, lying and being upon the Creek commonly called and known by the Name of Skohaar [...], which runs into the Mohaque River about twenty four Miles above Schenectady, beginning at the mouth of the said Creek from the Indian fields called, Jeandarage, and extending upwards on both sides of the said Cre [...]k to the head o [...] first spring thereof, where it ends, at or near the Hill commonly known by the Name of Kanjearago [...]e, the whole being bounded on the [...]orth by the said Indian fields of Jeandarage, on the East and West by the Ridge of [Page 148] Hills, and South by the Hill Kanjearagore; and the same erected into a Lord­ship or Mannor, by the Name of the Mannor of Kingsfield. To have and to hold the said Tract of Land and Lordship, or Mannor of Kingsfield and ap­purtenances unto him the said Nicholas Bayard his Heirs and Assigns forever, under the reserved Rent of one Otter skin per [...]nnum. And whereas there is another extravagant Grant of Land, made in manner aforesaid, unto Capt. John Evans, bearing date the 20 [...]h day of September, 1694 Registred in the Secretary's Office, containing all that Tract & parcel of Land, scituate, lying and being upon the west side of Hudsons River, beginning from the south side of the Land called the Palse, now inhabited by French-men, and extending thence southerly along the said Hudsons River to the Land belonging to the Indians at the Murderers Kill, and extending Westward to the foot of the high Hills, called, Pitkiskaker & Aiaska wasting, and thence extending southerly all along the said Hills and the River called Peakadasank to a water Pond lying upon the said Hills, called Merclary, comprehending all those Lands, Meadows and Woods called Nescatonck, Chawang [...]n, Memora sinck, Kakogh, Getawan, Annuck and Gillatawagh, and all and every of them, and the same erected into the Mannor and Lordship of Fletcherdon. To have and to hold the said Tract of Land and Mannor of Fletcherdon, with Appurtenances, unto the said John Evans his Heirs & Assigns forever, under the Rent reserved of twenty Shillings & one fat Buck per annum. And whereas there is another extravagant Grant of Land, made in manner aforesaid, unto the said John Evans, bearing date the 9th of August, 1694 Registered in the Secretary's Office, containing a certain Swamp and fresh Pond, called▪ The Fresh Water, and adjacent to the Kings Farm, formerly called the Dukes Farm, on the Island Manhattans, beginning at a stake set in the ground on the south side of the said Pond, and at the north east corner of the Land belonging to William Merrit, thence it rangeth along the south side of the said Swamp and Pond by the upland, to the Beech, on the east side of Hudsons River, so along the Beech to the upland, thence crossing a small gut of said Swamp to the Land on the East side thereof, thence by the said Land, as it runs, to the east side of the Tan-yard, and thence to the place where it begun. To have and to hold the said certain Swamp and Pond and Appurtenances unto him the said John Evans his Heirs and Assigns forever, under the yearly reserved Rent of one Pepper Corn. And whereas there is another extravagant Grant of the Kings Farm, in manner aforesaid, being a Lease or Demise of the said Farm unto the Church wardens and Vestry-men of Trinity Church, for seven years from the date thereof being the 19th of August, 1697. Registered in the Secretary's Office, To have and to hold the said Farm and Appurtenances unto the said Church-wardens and Vestry-men of Trinity Church, their Suces­sors and Assigns, for the term of seven years from the date aforesaid, until the said term of seven years be fully ended, under the yearly reserved Rent of sixty Bu [...]hels of Wheat. And whereas there is another extravagant Grant of Land out of the Kings Garden, in manner aforesaid, unto Coll. Caleb Heatheote, bear­ing date the ad of April, 1696. and Registered in the Secretary's Office, con­taining a certain Lot or Toft of ground lying without the Stockadocs of the City of New York, near adjoyning to the Locust Trees, which were formerly pa [...] of the Kings Garden, containing in breadth forty one foot, & in length [...] [...]oot. To have and to hold the said Lot or Toft of Ground unto him the [Page 149] said Caleb Heath [...]ote his Heirs and Assigns forever, under the yearly reserved Rent of one Shilling. And whereas there is another extravagant Grant of Land out of the said Kings Garden in manner aforesaid, & of the date afore­said unto the said Caleb Heathcote, being a Demise or Lease of another part of the said Kings Garden for the term of forty one years, which lies vacant and unimproved, being bounded by the Stockadoes or Fence of the said Garden, so far as the said Garden, in the reer, does extend, and from the said Fence of Stockadoes so far into Hudsons River as low Water Mark, To have and to hold the said other part of the said Garden unto the said Caleb Heathcote his Heirs and Assigns, for the said term of forty one years from the date of the said Demise, under the yearly Rent reserved of four Shillings.

And whereas it does appear unto his said Excellency and Council, that all and every of the above-recited several and respective Grants and Demises of Land and Premises, to all and every the Person and Persons aforesaid, their respective Heirs, Successors and Assigns, are in fact and deed absolutely ex­travagant Grants issued [...] the said Coll Fletcher, late Governour of this Pro­vince under his Majesty, contrary to and against the Trust reposed in him by his said Majesty, and are extravagant Grants according to the true intent, meaning and construction of their [...]xcellencies the Lords Justices of England said Instructions, and as such ought to be broke, vacated, annulled and made of none effect forever. Be it therefore Enacted by his Excellency the Governour and Council, and Representatives convened in General Assembly, and it is hereby Enacted by the Authority of the same, That all and every of the several and Re­spective extravagant Grants of Land and P [...]emises, granted, demised and sealed, in manner aforesaid, and heretofore recited and mentioned, within all and every of their several and respective limits a [...]d bounds afore-mentioned & expressed, are hereby brake, vacated and forever annulled, and of none effect. And all and every the afore-recited Grants and Demises, in manner aforesaid, for all and every the several and respective Tracts & Parcells of Land, Farms and Garden, with Appurtenances within all and every of their several and respective limits and bounds aforesaid. And all the Lordships, Mannors, Jurisdictions, Powers, Authorities, Rights, Benefits, Profits, Advantages belonging unto them or either of them shall forever hereafter cease, determine and become null and void, and of none effect, to all intents, purposes and constructions whatsoever, as if no such Grants, Demises and Registers of the same in the Secretary's Office had ever been done. And they the aforesaid Grantees, Less [...]es, and every of them, their and every of their Heirs, Suc­cessors and Assigns are forever hereafter divested of any Right, Title or Claim unto h [...] same, or unto any part or parcel thereof within the several and respe­ct [...]ve Limits aforesaid, any Law to the contrary hereof in any wise notwith­standing. And his Majesty is hereby fully and immediately Re-seized & Re­poss [...]ssed of all and every of the before granted and demised Premises, in as full an [...] am [...]le manner as if the same had never been granted and demised.

And be it further Enacted by the Authority aforesaid, That all and every of the [...] Demises for the several and respective Tracts of Lands, Swamps, Farms and Gardens, as aforesaid, which are Registered in the Secretary's Office, shall upon the Publication hereof be obliterated, razed defaced, and the Memory or Record of all and every of the aforesaid Grants shall be re­duced into Oblivion and Forgetfulness, as if no such Grants had ever been [Page 150] made or registered in the said Office, any thing to the contrary hereof in any wise notwithstanding. And to the intent that it may not be in the Power of any of his Majesties Governours or Commanders in chi [...], for the time being hereafter, to make for the future any such extravagant Grants of Land, as aforesaid. Be it further Enacted by the Authority aforesaid, That it shall not be in the Power of any of his Majesties Governours or Commanders in chief, which shall hereafter be Governours or Commanders in chief of this Province under his Majesty, his Heirs and Successors, to grant or demise for any longer than for his time in the Government, any of the Lands hereafter mentioned, that is to say, Natten-Island, The Kings Farm, the Kings Garden, The Swamp and Fresh Water, as they are now limited and bounded, being the Denizen of his Majesties Fort at New-York, and for the benefit and accomodation of his Majesties Governours and Commanders in chief for the time being; and if any such Grants or Demises for the future shall be made longer than for the time afore-mentioned, than all and every of such Grants shall, ipso facto, be­come null and void, and of no use to all intents and purposes whatsoever, any Law, Custom or U [...]age to the contrary hereof in any ways notwith­standing. Saving to the City of New-York [...]he Right they have to the Fresh Water, and Lands to low Water Mark behind the Kings Garden.

The End of the 1st Sessions of the 7th Assembly.

Printed and Sold by William Bradford, Printer to the King's most Excellent Majesty, in the City of New-York, 1699.

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