Acts passed the 7th Assembly and 3d session, beginning the first day of October, 1700. and ending the second day of November, anno regni Regis & Regina Gulielmi, Angliae, Scotiae, Franciae & Hiberniae, duodecim. — Laws, etc. (Session laws : 1700 Oct.)

Acts passed the 7th Assembly and 3d session, beginning the first day of October, 1700. and ending the second day of November, anno regni Regis & Regina Gulielmi, Angliae, Scotiae, Franciae & Hiberniae, duodecim. — Laws, etc. (Session laws : 1700 Oct.)

Table of contents

[Figure] Acts Passed the 7th Assembly and 3d Sessions, Beginning the first Day of October, 1700. and ending the second Day of November, Anno Regni Regis & Regina Gulielmi, Angliae, Scotiae, Franciae & Hiberniae, Duodecim.

An Act for punishing Officers and Souldiers who shall Mutiny or desert his Majesties Service, and t• prevent their being Harboured, and Concea•ed by the Inhabitants of this Province, and to encourage the seizing and securing such as shall desert his Majesties Service for the future.

An Act for the Encouraging of Sea-men.

A• Act for the Encouraging the Brewing of Beer and making of Malt within this Province.

An Act for d•claring the Town of East-chester, in the County of West-chester, a distinct Parish from the Town of West-chester in the County aforesaid.

An Act for Repealing an Act of Assembly Entituled, An Act for the better securing the five Nations of Indians in their fidelity to his Majesty▪ and for granting unto his Majesty the Sum of one Thousand Pounds, for building a Fort for the security of the five Nations of Indians.

[Page]

[Page]

[figure]

Acts Passed the 7th Assembly and 3d Sessions, Beginning the first Day of October, 1700. and ending the second Day of November, Anno Regni Regis & Regina Gulielmi, Angliae, Scotiae, Franciae & Hiberniae, Duodecim.

An Act for punishing Officers and Souldiers who shall Mutiny or desert his Majesties Service, and t [...] prevent their being Harboured, and Concea [...]ed by the Inhabitants of this Province, and to encourage the seizing and securing such as shall desert his Majesties Service for the future.

WHereas his most Sacred Majesty, out of his Royal and tender care of the Preservation and security of this Province, hath with great Expence been pleased to send over and maintain a Body of Troops born on his Majesties pay, with their proper Officers. And whereas it will be always necessary that a competent force should be constantly kept on foot for the defence of this Province, which is a Fronteer to the rest of his Majesties Plantations on this Continent of America, and that the Forces which now are or hereafter shall be in his Majesties pay within this Province, should be kept in due discipline of War. And whereas no man may be fore-judged of Life or Limb, or subjected to any kind of punishment by martial Law, or in any other manner than by the Judgment of his Peers, and according to the known and establisht Laws of England and this Province, yet nevertheless it being requisite for the retaining such Forces as already are, or hereafter shall be establisht in his Majesties pay within this Province, in their Duty, and that an exact discipline be observed, and that Souldiers who shall mutiny or stir up Sedition, or shall desert his Majesties Service, be brought to a more Exemplary and speedy Punishment than the usual forms of Law will allow, Be it therefore Enacted by his Excellency the Governour and Council, and Representatives Co [...]ven'd in General Assembly, and it is hereby Enacted by the [Page] Authority of the same, That from and after the Publication of this Act, every person being in his Majesties Service mustered, and in his Majesties pay, as an Officer or Souldier, who shall at any time hereafter exci [...], cause or joyn in any Mutiny or Sedition in any Garris [...]n, City, Town or Place within this Province where they shall be posted, or shall desert his Majesties Service in the same, shall suffer Death, or such other Punishment as by a Court Marshal shall be inflicted. And it is hereby further Enacted and Declared by the Authority aforesaid, That the Governour or Commander in Chief of this Province, for the time being, shall and may, by virtue of this Act, have full Power and Authority to grant Commissions under the Seal of this Province, to such Persons as are herein named and appointed, from time to time, to call, assemble and authorize Court Marshals for punishing such Offenders as aforesaid. And it is hereby further Enacted and Declared, that no Court Marshal which shall have power to inflict any Punishment by vertue of this Act, for the Offences aforesaid▪ shall consist of less number than Seven, [...]our whereof to be members of his Majesties Council of this Province, whereof his Majesties Chief J [...]stice of the said Province, for the time being, always to be one, and the rest of the said number of Seven to consist of the Chief Mili [...]ary O [...]cers, who command the established Forces aforesaid, under the Governour or Commander in Chief for the time being, and the place for holding the said Court Marshal to be where the Governour or Commander in Chief shall appoint and direct.

And be it further Enacted by the Authority aforesaid, That such Court Marshal shall have Power and Authority to administer an Oath to any Witnesses, in order to the Examination or Tryal of the Offences aforesaid. Provided always, That nothing in this Act contained shall extend to be construed to exempt any Officer or Souldier whatsoever from the ordinary process of Law. Provided always, That this Act nor any thing herein contained shall extend or be any ways construed to concern any of the Militia Forces in this Province, or Detachment of the same. And Provided always, and be it Enacted, That in all Tryals of Offenders by Court marshal, to be held by Virtue of this Act, where the Offences may be punished by Death, every person present at such Tryal, before any Proceedings be had thereupon, shall take an Oath upon the Evangelists in open Court before the Governour or Commander in Chief for the time being, or whom he shall authorize and appoint to administer the same, in these words (that is to say) You shall well and truly try and determine between our Soveraign Lord the King and the Prisoner to be tryed. So help you God. And no Sentence of Death shall be given against any Offender in such Case, by any Court Marshal, unless five or more of the Seven Persons shall concur therein, by which Majority of five or more so sworn as aforesaid, the Judgment shall pass, and no Proceedings, Tryal or Sentence of Death shall be had or given against any Offender but between the hours of eight in the morning, and one in the afternoon.

And be it further Enacted, and it is hereby Enacted by the Authority aforesaid, That the Governour or Commander in Chief for the time being, have and are hereby authorized and impowered to nominate, authorize and appoint a fit Person to be Judge Advocate, with all other necessary [Page] inferior Officers proper for such Court Marshal as aforesaid And be it further Enacted by the Authority aforesaid, That what [...]oever person or persons Inhabiting, residing or sojourning within this Province shall after publication hereof, knowingly receive, harbour entertain or conce [...]l any of his Majesties Souldiers, who shall desert his Majesties Service in their Houses, Barns, Stables, or any other conceded places, in any part of this Province, or shall be in any manner of ways aiding, helping advising, assisting or encouraging to any of the said Souldiers to desert his Majesties Service, or be any ways helping 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 Po [...]nds currant Money of this Province, to be recovered by Bill, Plaint or Information in any Court of Record within this Province, where no Essoyn, Protection [...] Wager of Law, shall be allowed, one half whereof to the Poor of the Pa [...]ish where the Offence is committed, and the other half to the [...]nformer, or him that shall sue for the same; which said Courts are hereby Impowered and Authorized to hear, try, and determine the same. And that if it shall happen that any Person or Persons, as aforesaid, that shall be conv [...]cted, of any of the aforesaid Offences, and hath not Chattels, Lands, G [...]ods or Tenements for satisfying the Forfeiture a [...]oresaid, shal [...] be [...]everely 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 E [...]d the number of Forty Lashes save one. And to the end that all such as shall desert his Majesties Service aforesaid, may be taken up and brought to their respective Officers, Be it further Enacted by the Authority aforesa [...]d That whatsoever person or persons that shall discover any Souldier L [...]sted in his Majesties Service as aforesaid, that are absenting themselves, or dese [...]ting the said Service, and bring the [...]a [...]d Souldiers to his Maj [...]st [...]es Garrisons of New-York and Albany ▪ or any other Garrisons in this Province, & in [...]e doing whereof all his Majesties Justices of the Pe [...]ce, [...] Sheriffs, Constables, and all other his M [...]j [...]sties Officers, both Civi [...] and Military, are hereby required to be aiding a [...]d [...]ssisting, both in [...]he Di [...]covery and bringing of such Deserters to his M [...]jesties Garrisons of New-York and Albany, or any other in this Province, as aforesaid. And be it fur [...]her Enacted by the Authority aforesaid, That if any persons shall knowingly buy or exchange or otherwise receive any Arms, Cloathes or Accou [...]erments belonging to the K [...]ng, from any Souldier or deserter, upon any account or pretence whatsoever, the person so offending shall forfeit for every such Offence Ten Pounds, and being convicted thereof at the Quarter Sessions, the same shall be levyed by Distress, by Warrant under the [...]arde [...] two or more Justices of the Peace upon the Goods and Chattels of such Offender, one mo [...]ty thereof to be pa [...]d to the Informer and the o [...]her mo [...]y to the Poor of the Parish where such offender shall reside. And if [...]ny person so prosecuted for harbouring, concealing or assisting a Deserter, o [...] [...]or buying exchanging or receiving Arms, Cloaths or Accou [...]e [...]ments, shall be [...]ound not guilty he shall recover T [...]ble Costs, to be recovered a [...] Costs in any other case where by the Law Costs are given to defendants. A [...]d be it further Enacted by the Authority aforesaid, that upon the publication of [Page] this Act, An Act of General Assembly of this Province made in the Eleventh year of his Maj [...]sties Reign, Entituled, an Act for preventing Souldiers listed in his Majesties Service in this Province of New-York from deserting his Majesties Service, be and is hereby 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 be repealed, reversed vacated and become null, void and of none Effect to all Intents, Constructions and Purposes whatsoever, any thing contained in the said Act to the contrary hereof in any wise notwithstanding. Provided, that this Act and every Clause therein contained shall only be of Force for the time of three years, from and after the publication hereof, any thing to the contrary hereof in this Act contained in any wise notwithstanding.

An Act for the Encouraging of Sea-men.

BE it Enacted by the Governour and Council, and Representatives Conven'd in General Assembly, That whatsoever Tavern keeper, Alehouse-keeper, Victuler or Victu [...]ers within the City and County of New-York ▪ that shall trust or credit any Sea-man, belonging to any Ship or Vessel that is in or shall hereafter come into the Road or Harbour of the said City, for any Sum of Money above the Sum of six Shillings currant Money of this Province, shall loose the same, and no Writ or Process shall go out against any Sea-man, as aforesaid, at the Suit of any Tavern keeper, Ale-House-keeper or Victuler within the City aforesaid and County, for any greater Sum than six Shillings, as aforesaid, except he be Master of some Ship or Vessel. And if any Tavern-keeper, Ale-House-keeper or Victuler within the said City, shall trust or give Credit to any Sea-man that is out of Service for any greater Sum than twelve Pence per day, so long as he shall be out of Service, shall likewise loose the fame, and no Writ or process shall go out against any Sea-man, at the Suit of any Tavern-keeper or Ale-house-keeper within the said City and County, for any greater Sum than the Proportion of 1 [...] d. per Diem, during the time he shall be out of Service, except a Master of a Ship or Vessel, as aforesaid. And if any Clerk of the Courts of Record within the said City & County, shall issue any Writs against any Sea-man, circumstanced as aforesaid, contrary to the intent and meaning of this Act, shall for his offence forfeit the Sum of five Pounds currant Money of this Province, to be recovered before the Mayor or Recorder, or any two of his Majesty's Justices of the Peace of the said City and County, the one half to the use of the Poor of the said City, and the other half to the Informer, or him who shall sue for the same, without further appeal. And all Masters of Vessels trading to and from the said City, shall within forty eight hours after his or their arrival bring unto the Town Clerk of the said City a List of the Names of all such Sea-men as he did Import or belong to his and their Vessels, and the same Cause to be Registred in the Office of the said Town Clerk, who shall take no greater Reward for the same [...]an one Shilling currant Money aforesaid. Provided, that this Act shall not continue in force longer than five Years after the publication thereof.

[Page]

A [...] Act for the Encouraging the Brewing of Beer and making of Malt within this Province.

WHereas the Representatives of this Province now in General Assembly conven'd, do find that the Brewing of Beer and making of Malt is greatly discouraged within this Province, by reason of the great Quantities of Beer and Malt dayly Imported to the great Discouragement of the Trade and Manufacture of the same. Now to the [...] that the Inhabitants of this Province may be encouraged in the Brewing of Beer and making of Malt, Be it Enacted, and it is hereby Enacted by his Excellency the Governour and Council, and Representatives now in General Assembly Conven'd, and by the Authority of the [...], That the following [...]ates and Duties be paid unto his Majesty his [...] and Successors for and towards the support of the Government, and [...] contingent Charges [...]hereof, from and during the time and term of five years, commen [...]ing from and after the first day of January next ensuing the publication of this Act (that is to say) the Sum of nine Shillings currant Money of this Province on each Barrel of Beer Impo [...]ed int [...] this Province from any of his Majesties Plantations in America, and to p [...]opor [...]o [...]bly for a greater or lesser Quantity; and the Sum of one Shilling currant Money a [...]oresaid for each Bushel of Malt [...]mported from any of his Majesties Plantations in America, as aforesaid, and so propo [...]tionably for a greater o [...] lesser Quantity. And be i [...] further Enacted by the Authority aforesaid▪ That the Rates and Duties before mentioned be [...]evyed, collected & paid in such manner & under such Regulations and [...], and upon such fines and forfeitures as is declared in [...]nd by one Act of Assembly, entituled, An Act for granting unto his Majesty several Duties for the defraying the publick Charge of the Government, a [...]er the time limitted in an Act confirming and continuing unto their [...] the Revenue establisht by an Act o [...] General Assembly for de [...]raying the publick Charges of the Government is expired, to all intents constructions and purposes whatsoever, as i [...] the said Act and every Clau [...] therein contained had been in these presents particularly mentioned and expressed, any Law, Usage or Custom to the contrary hereof in any ways notwithstanding.

§

An Act for appointing and Enabling Commissioners to examine, take and state the Publick Accounts of this Province. Expired.

An Act for d [...]claring the Town of East-chester, in the County of West-chester, a distinct Parish from the Town of West-chester in the County aforesaid.

WHereas by an Act of the General Assembly of this Province, Entituled, An Act for settling a Ministry and raising a Maintenance for them in the City of New-York, County of Richmond, [Page]West-chester and Queens County, it is among other things declared and Enacted, that the Township of West-chester, East-chester, lower J [...]c [...]er [...], the Mannor of Pelham in the County of West chester, should be a Pari [...] toge [...]her, for the better maintaining of a good and sufficient Protestant Minister. And whereas since the making of said Act, it has been found Inconvenient, and to the great discouragement of Religion and the publick worship of God, for the Inhabitants of East chester to travel to West chester aforesaid, to be present at the Preaching of the Word of God, wherefore the said Inhabitants and Freeholders of the Town of East-chester, aforesaid, have by their humble Petition to the House of Representatives now conven'd in General Assembly, most humbly pray'd that it might be declared and Enacted, and be it declared and Enacted by his Excellency the Governour and Council, and Representatives now conven'd in General Assembly, and by the Authority of the same, That the said Town of East-chester in the County of West chester, be from henceforth and for ever hereafter seperated from the Parish of West-chester, East chester, lower Jon [...]ers and the Mannor of Pelham to all intents constructions and purposes whatsoever, the said Act Entituled, An Act for setling the Ministry and raising a Maintenance for them in the City of New York, County of Richmond, West-chester and Queens County, or any other Act to the contrary hereof, in any ways notwithstanding.

And Be it further Enacted by the Authority aforesaid, That the said Town of East chester in the County of West-chester, [...]e and is hereby declared to be and remain for ever a Distinct Parish from the Parish of West-chester, Eastchester, Lowers Jonkers & the Mannor of Pelham, by the name and style of the Parish of East-chester in the County of West-chester, Provided that the Freeholders and Inhabitants thereof do maintain a good Orthodox Pro [...]estant Minister in the said Town of East-chester, any Law, Usage or Custom to the contrary hereof in any ways notwithstanding.

An Act for Repealing an Act of Assembly Entituled, An Act for the better securing the five Nations of Indians in their fidelity to his Majesty▪ and for granting unto his Majesty the Sum of one Thousand Pounds, for building a Fort for the security of the five Nations of Indians.

WHereas the General Assembly of this Province, at their last Sessions did think convenient to build a Fort for the securing the five Nations of Indians at such place as should be thought most convenient for the same, and for the defraying the charge thereof, it was Enacted by an Act made in this present year of his Majesties Reign, Entituled, an Act for the better securing the five Nations of Indians in their Fidelity to his Majesty, that the Sum of one Thousand Pounds currant Money of this Province, should be raised by way of several Rates and Duties in the said Act mentioned, to be in force for one whole year, and so longer. And whereas the Representatives now in General Assembly conven'd, have considered that the continuation of the said Act might prove very inconvenient to the Trade of this Province, and the lessening of other his Majesties Revenue, as also that the Sum mentioned in the [Page] said Act, would not be sufficient to defray the Charge of the building compleating and finishing of the said Fort (the building whereof being [...] by his Ma [...]sty) and also considering the Sum of five hundred [...]hirty eight Pounds five Shillings and six Pence, hath [...] received by the Commissioners of the Customs, by vi [...]tue of the said Act from the publication thereof, untill the [...]th day of October instant, and therefore though fit that the Sum of one Thousand Pounds be assessed, levyed and Raised upon all and every the Free-holders, Inhabitant and Sojourners of and in this Province, in such manner and proportion as i [...] herein after oppressed, to be added to the Sum of five hundred Pounds, part of the said five hundred thirty eight Pounds five Shillings and six pence, raised as aforesaid; and the remaining thirty eight Pounds five Shillings and six pence to be disposed of as by the General Assembly shall be thought fit. Be it therefore Enacted by his Excellency the Governour and Council, and Representatives in General Assembly Conven'd, and it is hereby Enacted by the Authority aforesaid, That the said Act, entituled, An Act for the better securing the five Nations of Indians in their fidelity to his Majesty, be from and after the said 12th day of October Instant, repealed, reversed, vacated and become n [...]ll, void and of none effect, and the said Act and all the Articles and Clauses therein mentioned, are hereby declared to be repealed, reversed, vacated and become null, void and of none effect, to all Intents. Constructions and purposes whatsoever, from and after the said 1 [...]h day of October Instant aforesaid Provided, and be it further Enacted, That the said Sum of five hundred thirty eight Pounds five Shillings and six pence be Imployed (that is to say) five hund [...]ed Pounds thereof, for and towards the building and finishing of the said [...], and the remaining thi [...]ty eight Pounds five Shillings and six pence, to such uses a [...] the General Assembly shall think fit. And be it furth [...]r Enacted by the Authority aforesaid, That the Sum of one Thousand Pounds currant money of this Province, be laid assessed levyed and rai [...]ed upon all and every the Free-holders Inhabi [...]ants Residents and Sojourners of and in this Province, for the building finishing and compleating the said Fort, and for no other use whatsoever (that is to [...]ay) one Thousands Poun [...]s over and above the said five hundred P [...]unds raised by the said [...], Entituled, an Act for the better securing the five Nations of Indians in thei [...] fideli [...]y to his Majesty, which said Sum of one thousand Pounds shall be raised assessed collected levyed & paid, unto his Majesties Collector & Receiver General for the time being at the City of New-York, at or before the first day of May next, which shall be in the year of our Lord 1701. in such manner and according to the several and respective Quotas and Proportions [...]ollowing, (that is to say) For the City and County of New York 285 l. 10 s. currant money as aforesaid. For the County of West chester the Sum of 51 l. 14 s. For the County of Richmond 23 l. 10 s. For Kings County 147 l. for Q [...]ens County 164 l. 10 s For the County of Suffolk 174 l. 4 s. For Ʋlster and Dutches County of eighty four Pounds twelve Shillings For the County of Orange 9 l and For the City and County of Albany 60 l. all of currant money aforesaid. And for the due and better assessing levying and paying the aforesaid Sum of one thousand Pounds, Be it further Enacted by the Authority aforesaid, That the Mayors and Aldermen of the Cities of New-York and Albany, [Page] the Justices of the Peace for the time being, for the several respecti [...] Counties aforesaid, for which they shall be Justices of the Peace, do with [...] fourty days after the publication hereof, assemble and meet togeth [...] in the Court Houses for the several and respecti [...] City's and [...] or such other place or places as they shall agree on, and there order [...] the Assessors and Collectors for the City's of New-York and Albany ▪ [...] the several and respective Towns Mannors or Liberties within their [...] Jurisdictions, for the Assessing Collecting and receiving of the pu [...]li [...] Rates, for the defraying the publick Charge of each respective City's [...] Counties aforesaid, be the Assessors & Collectors for the assessing collectin [...] and Receiving the Sum and Sums of Money herein before mentioned▪ a [...]cording to the proportions before expressed, as to the said Mayor Alderm [...] and Justices shall seem meet and reasonable, and for as much as there [...] several Towns Mannors and Jurisdictions within the respective County aforesaid, who refuse neglect or do not elect annually or once ev [...]ry [...] Assessors or Collectors whereby the intent of this Act may be avaded [...] frustrated. Be it therefore Enacted by the Authority aforesaid, That [...] any of the respective Towns Mannors o [...] Jurisdictions within the severa [...] Countys aforesaid, shall refuse neglect delay or deny to chuse or Elec [...] Assessors & Collectors for the assessing of the several and respective Town [...] Mannors [...] Jurisdictions, and for the collecting the same according [...] the true intent meaning and directions of this Act, then and in such 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 and Jurisdictions are (wh [...] are hereby Impowered and Authorized to nominate and appoint Assessor [...] and Collectors for such Towns Mannors and Jurisdictions, as shall refu [...] neglect delay or deny as aforesaid, which Assessors or Collectors [...]o nominated and appointed in manner aforesaid, shall to all intents and purpose [...] 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 Aldermen 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 be elected or nominated and appointed in manner aforesaid, an Oath, that they shall well & truly execute the Office of an Assessor, and well truly equally impartially and in due proportion Assess and Rate the Estates of the Inhabitants Residents Sojourners and Free-holders of the respective place for which they shall be chosen, elected nominated and appointed Assessors according to the best of their skill and knowledge, and therein they shall spare no person for favour or affection or grieve any person for hatred or ill will, and the said Assessors are hereby required to deliver one Copy of their Assesment fairly written and subscribed by them, 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 required to cause the said several Assesments to them delivered, to be fairly written & and to sign and Seal several Duplicate or Copies of said Assesment, and one [Page] of them so signed and Sealed forthwith deliver or cause to be delivered unto the respective Collectors within the several and respective Cities and Counties aforesaid, and shall likewise deliver or cause to be delivered another fair Coppy so signed & Sealed unto the Cl [...]rk of the Peace of each respective City and County to which they shall belong, there to be [...]led and remain upon Record. And be it further Enacted by the Authority aforesaid, That if any Person or Persons chosen, elected nominated or appointed in mannor as aforesaid, Assessors or [...]ollectors shall deny neglect refuse or delay to Collect any Sum or Sums of Money in form before mentioned, then and in such case it shall and may be lawful for any two o [...] his Majesties Justices of the Peace of the City or Coun [...]y where such Offender shall happen to re [...]de, and who are hereby required and Impowered to do the same, by Warrant under their hands and Seals, to commit such Collectors or Assessors so denying, refusing, neglecting or delaying, or unequally impartially assessing or refusing to collec [...] as aforesaid, to the com [...]on Goal, there to remain without [...]ail or mainprize, till he or they shall make Fine and Ransom to his Majesty, for such his contemp [...] as aforesaid, and upon such comitment, the Justices are speedily required to nominate & appoint other Collectors and Assessors in their room and stead. And be it further Enacted by the Authority aforesaid, That if any person or Persons shall neglect or refuse to pay the several Rates and Assesments wherewith they are charged by this Act of General Assembly for or in respect of his or their Goods, Lands, Tenements, upon [...]emand of the Collectors that shall be chosen and appointed to receive the sam [...], or wi [...]hin ten days next after the said demand, it shall and may be lawful to and for such Collectors, and they are hereby required and Impowered for non payment the [...]eof, by Warrant under the hands of two Justices of the Peace to destrain the person or persons for refusing or neglecting to pay, on his or their Goods or Chattels or destrain in and upon the Mess [...]ges, Lands and Tenements so charged, and the Goods and Chattels then and there found, and the Distress so taken, to carry away, and the same to expose to sale in the City, Town or County where such Distress is made, for the payment of the said Rate or Assessment, 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 immedia [...]ely returned to the Owner thereof, which charge to be allowed by two J [...]st [...]ces of the Peace of the respective City or County. And moreover it shall & may be lawful to break open in the day time any House, & upon Warrant under the hands and [...]eals of any two or more Just [...]ces aforesaid, any Chest, [...]runk or Box, o [...] other things where such Goods are, and call to their assistance the Constables and any other persons within their respective Cities, Counties, Towns, Mannors or Jurisdictions, where any refusal, neglect or resistance shall be made, which [...]aid Officers and Persons are hereby required to be aiding and assisting in the pr [...]mises. And be it further Enacted by the Authority aforesaid That if any Mayor▪ Alder-man or Justices of the Peace within this Province, who are hereby required, impowered & 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, [Page] neglect, refuse or delay to perform, fulfill and execute all and every the Duties, Powers and Authorities by this Act required and impowered by him or them to be done, performed, fulfilled & executed, and shall thereof be convicted before his Exc [...]llency the Governour and Council, or by any of his Majesties Courts of Record within this Province, he or they shall suffer such pain by fine and imprisonment, as by the discretion of the Governour and Council▪ or the Justices of the said Court shall be ad [...]udged▪ And be it further Enacted by the Authority aforesaid, That if any 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, & give this Act & the special matter in evidence. And if the Plantiff or Prosecutor be non-suited or forbear further prosecution, or suffer discontinuance or Virdict to pass against him▪ the Defendant shall recover special Costs, for which they shall have the [...] remedy as in case where Costs by the Law are given to Defendants. Provided always, That no Mayor, Alderman 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 no [...] at any time hereafter, any thing herein contained to the contrary hereof in any wise notwithstanding. And be it further Enacted by the Authority aforesaid, That He [...]drick Hans [...], John Blocker & Peter van Burgh, Esqrs. be & are hereby appointed mannagers of the building, erecting and finishing the said [...]ort, and providing Materials & Work-men for the same, under the direction of his Excellency the Governour aforesaid. And that in case of the Death or other Disability of the Mannagers for the building the said [...]ort, that the Governour or Commander in Chief of this Province for the time being, do nominate & appoint another or other fit person or persons in the room or stead of him or them so dying or being otherwise disabled, as aforesaid.

Information about this book

Title statement

Acts passed the 7th Assembly and 3d session, beginning the first day of October, 1700. and ending the second day of November, anno regni Regis & Regina Gulielmi, Angliae, Scotiae, Franciae & Hiberniae, duodecim.Laws, etc. (Session laws : 1700 Oct.)

New York (State).

Publication

Publisher

Text Creation Partnership,

Place of publication

Ann Arbor, MI :

Date

2006-02.

ID [DLPS]

N00782

ID [TCP]

N00782

ID [STC]

Evans 941

ID [NOTIS]

APW9910

ID [IMAGE-SET]

941

ID [EVANS-CITATION]

99016338

Availability

This keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the Early English Books Online Text Creation Partnership. This Phase I text is available for reuse, according to the terms of Creative Commons 0 1.0 Universal. The text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission.

Series

Early American Imprints, 1639-1800 ; no. 941.

Notes

(Evans-TCP ; no. N00782)

Transcribed from: (Readex Archive of Americana ; Early American Imprints, series I ; image set 941)

Images scanned from Readex microprint and microform: (Early American imprints. First series ; no. 941)

Source

— Acts passed the 7th Assembly and 3d session, beginning the first day of October, 1700. and ending the second day of November, anno regni Regis & Regina Gulielmi, Angliae, Scotiae, Franciae & Hiberniae, duodecim., Laws, etc. (Session laws : 1700 Oct.), New York (State)..

Extent

p. [1], 156-196 [i.e., 156-164] ; (fol.)

Printed by William Bradford,. [New York :: 1700]. (Four acts of the New York General Assembly.) (Caption title.) (Running title: Anno regni Regis Gulielmi, tertij, Angliae &c. duodecim.) (William Bradford was the printer to the colony of New York at this time.) (Error in paging: p. 158-164 misnumbered 190-196.) (Royal arms at head of title.) (Not in Wing (2nd ed.).)

Creation

Created by converting TCP files to TEI P5 using tcp2tei.xsl, TEI @ Oxford.

Editorial practices

EEBO-TCP is a partnership between the Universities of Michigan and Oxford and the publisher ProQuest to create accurately transcribed and encoded texts based on the image sets published by ProQuest via their Early English Books Online (EEBO) database (http://eebo.chadwyck.com). The general aim of EEBO-TCP is to encode one copy (usually the first edition) of every monographic English-language title published between 1473 and 1700 available in EEBO.

EEBO-TCP aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the Text Encoding Initiative (http://www.tei-c.org).

The EEBO-TCP project was divided into two phases. The 25,363 texts created during Phase 1 of the project have been released into the public domain as of 1 January 2015. Anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source.

Users should be aware of the process of creating the TCP texts, and therefore of any assumptions that can be made about the data.

Text selection was based on the New Cambridge Bibliography of English Literature (NCBEL). If an author (or for an anonymous work, the title) appears in NCBEL, then their works are eligible for inclusion. Selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. In general, first editions of a works in English were prioritized, although there are a number of works in other languages, notably Latin and Welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so.

Image sets were sent to external keying companies for transcription and basic encoding. Quality assurance was then carried out by editorial teams in Oxford and Michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet QA standards were returned to the keyers to be redone. After proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. Any remaining illegibles were encoded as <gap>s. Understanding these processes should make clear that, while the overall quality of TCP data is very good, some errors will remain and some readable characters will be marked as illegible. Users should bear in mind that in all likelihood such instances will never have been looked at by a TCP editor.

The texts were encoded and linked to page images in accordance with level 4 of the TEI in Libraries guidelines.

Copies of the texts have been issued variously as SGML (TCP schema; ASCII text with mnemonic sdata character entities); displayable XML (TCP schema; characters represented either as UTF-8 Unicode or text strings within braces); or lossless XML (TEI P5, characters represented either as UTF-8 Unicode or TEI g elements).

Keying and markup guidelines are available at the Text Creation Partnership web site.