THE LAWS ACTS OF THE General Assembly FOR Their Majesties Province OF NEW-YORK As they were Enacted in divers Sessions the first of which began April the 9th Annoque Domini 1691. At New-York Printed and Sold by William Bradford Printer to their Majesties King William Queen Mary 1694. A Table of the Contents of the Laws AN Act for Quieting and settling the Disorders that have lately happened within this Province and for the establishing and securing their Majesties present Government against the like Disorders for the future page 1. An Act for establishing Courts of Judicature page 2 64. An Act for the settling quieting and confirming unto the Cities Towns Mannors and Free-holders within this Province their several Grants Patents and Rights respectively page 6. An Act for the enabling each respective Town within this Province to regulate their Fences and High-ways and make prudential Orders for their Peace and orderly Improvements page 7. An Act for defraying the publick necessary Charges throughout this Province and for maintaining the Poor and preventing Vagabonds page 8. An Act for settling the Militia page 10. An Act declaring what are the Rights and Priviledges of their Majesties Subjects inhabiting within this Province of New-York page 15. An Act for the Allowance to the Representatives page 19. An Act to enable the City and County of Albany to defray their necessary Charge page 20. An Act for establishing a Revenue upon their Majesties for defraying the publick and necessary Charges of the Government page 21 58 80.84 An Act to enable his Excellency to defray his extraordinary Expence and to indemnifie the Collector for the Receipt of several Sums of Money on pretence of Customs page 26. An Act for raising two Thousand Pounds c. page 27. An Act to ease People that are scrupulous in Swearing page 30. An Act for Pardoning such as have been active in the late Disorders page 31. An Act for the regulating Damages done in the time of the late Disorders and for Vniting the Minds of their Majesties Subjects within this Province and for calling Home such of their Majesties Subjects that have lately absented themselves from their Habitations and usual places of Abode page 34 An Act to divide this Province and Dependencies into Shires and Counties page 39. An Act for the raising and paying 150 Men for the Defence of Albany page 40 An Act for the Regulating the Buildings Streets Lanes Wharffs Docks and Allyes of the City of New-York page 43. An Act for the raising 200 men for the Defence of Albany page 46 An Act for the destroying of Wolves page 52. An Act for the raising 220 Men with their Officers for the security of the Fronteers of this Province page 53 An Act for the raising and paying 80 Men in Ulster and Dutches County page 57 An Act for restraining and punishing Privateers and Pyrates An Act for granting their Majesties the Rate of one Penny per Pound upon all the Real and Personal Estates within the Province of New-York An Act for raising six Thousand Pound for the payment of 300 Volunteers for the Reinforcement of Albany c. An Act for settling Fairs and Markets on each respective County throughout the Province page 63 An Act for the Supervising Intestates Estates and regulating the Probate of Wills and granting Letters of Administration page 72 An Act for the Encouraging a Post-Office page 74. An Act for the satisfying and paying the Debts of the Government page 77 An Act for calling Long-Island the Island of Nassaw page 79 An Act for establishing certain Rates and Duties upon such Goods Wares and Merchandize as shall be brought unto their Majesties Beam in the Weigh-House at New-York page 80 An Act for settling a Ministry and raising a Maintenance for them page 81. An Act continuing the Revenue unto their Majesties five Years longer than the former Act page 84 A Catalogue of Fees established by the Governour and Council at the humble request of the Assembly An Act for the quieting and settling the Disorders that have lately happened within this Province and for the establishing and securing their Majesties present Government against the like Disorders for the future FOrasmuch as the Good and Quiet Ease Profit Benefit and Advantage of the Inhabitants within this Province doth chiefly consist in and altogether rely and depend upon their bearing true Faith and Allegianee unto their Majesties Crown of England which is and can only be the support and Defence of this Province And whereas the late hasty and inconsiderate Violation of the same by the setting up a Power over Their Majesties Subjects without Authority from the Crown of England hath vitiated and debauched the Minds of many People c. and hath also brought great Waste Trouble and Destruction upon the good People of this Province their Majesties Loyal Subjects For the Prevention whereof in time to come Be it therefore Enacted and Ordained by the Governour and Council and Representatives met in General Assembly And it is hereby Published Declared Enacted and Ordained by the Authority of the same That there can be no Power and Authority held and exercised over their Majesties Subjects in this their Province and Dominion but what must be derived from their Majesties their Heirs and Successors And we do hereby Recognize and Acknowledge That Their Majesties William and Mary are and as of Right they ought to be by the Laws of the Realm of England our Leige Lord and Lady KING and QUEEN of England France and Ireland and the Dominions thereunto belonging c. That thereby their Princely Persons are only invested with the Right to Rule this their Dominions and Province and that none ought or can have Power upon any Pretence whatsoever to use or exercise any Power over Their Subjects in this Province but by their Immediate Authority under Their Broad Seal of Their Realm of England as now established And be it further Enacted by the Authority aforesaid That whatsoever Person or Persons shall by any manner of way or upon any pretence whatsoever endeavour by Force of Arms or otherways to disturb the Peace Good and Quiet of this Their Majesties Government as it is how established shall be deemed and esteemed as Rebels and Traytors unto Their Majesties and incur the Pains Penalties and Forfeitures as the Laws of England have for such Offences made and provided An Act for Establishing Courts of Judicature for the Ease and Benefit of each respective City Town and County within this Province WHereas the orderly Regulation and the establishment of Courts of Justice throughout this Province as well in the respect of Time as Place doth tend very much to the Honour and Dignity of the Crown as well as to the Ease and Benefit of the Subject Be it Enacted by the Governour Council and Representatives convened in General Assembly and it is hereby Enacted and Ordained by the Authority of the same That every Justice of the Peace that refides within
to administer an Oath and give Judgment thereupon by Distress and Sale of the Offendors Goods and for want of Distress the said chief Officer is hereby impowered to commit such Offendors to the Goal there to remain until payment be made of the same And that in case the said chief Officer shall not perform his Duty therein he shall forseit ten Pounds to be lâ—vied by Warrant from the Captain General or Commander in chief for the time being Provided alwayes That this clause shall in no ways concern or extend to any Captain or Officer of any of his Majesties Ships of War for their firing at setting of the Watch. Provided alwayes and it is hereby further Enacted and Declared by the Authority aforesaid That all Trumpeters and Drummers lately in service or that shall by the several Captains be put into that service during the Captains pleasure shall serve upon the Sallary of forty Shillings per annum for a Trumpeter and twenty Shillings per annum for a Drummer finding their Trumpet and Drum and twenty Shillings for a Trumpeter and ten Shillings for Drummer if the Captain find them upon Penalty of forty Shillings Provided alwayes and it is hereby Enacted and Declared That all the Members of Their Majesties Council Justices of the Peace Sheriffs Coroners and all other Officers of Courts Ministers School-Masters Physitians and Chyrurgions shall be free from being listed in any Troop or Company within this Province any thing contained herein to the contrary in any wise notwithstanding An Act declaring what are the Rights Priviledges of Their Majesties Subjects inhabiting within Their Province of New-York FOrasmuch as the Representatives of this their Majesties Province of New-York now convened in General Assembly are deeply sensible of their Majesties most gracious Favour in restoring to them the undoubted Rights and Priviledges of English-men by declaring Their Royal Will and Pleasure in their Letters Patents to his Excellency who they have appointed their Captain General and Governour in chief over this their Province That he should with the Consent of Their Council from Time to Time as need shall require to summon and call General Assemblies of the Inhabitants being Free-holders acâ—ording to the Vsage of Their Majesties other Plantations in America And that this most excellent Constitution so necessary and so much esteemed by our Ancestors may ever continue unto Their Majesties Subjects within this Their Province of New-York The Representatives of this Their Majesties Province convened in General Assembly do with all Duty and Submission humbly pray That the Rights Liberties Priviledges and Franchises according to the Laws and Statutes of their Majesties Realm of England may be confirmed unto Their Majesties most Dutiful and Loyal Subjects inhabiting within this their Province of New-York by Authority of this General Assembly Be it Enacted by the Governour and Council and Representatives met in General Assembly and it is hereby Enacted and Declared by the Authority of the same That the Supream Legislative Power and Authority under Their Majesties William and Mary King and Queen of England c. shall forever be and reside in a Governour in Chief and Council appointed by Their Majesties their Heirs and Successors and the People by their Representatives met and convened in General Assembly That the Exercise and Administration of the Government over the said Province shall pursuant to Their Majesties Letters Patents be in the said Governour in Chief and Council with whose Advice and Consent or with at least five of them he is to Rule and Govern the same according to the Laws thereof and for any defect therein according to the Laws of England and not otherwise That in case the Governour in Chief should dye or be absent out of this Province and that there be no Person within the said Province commssionated by Their Majesties Their Heirs or Successors to be Governour or Commander in chief That then the Council for the time being or so many of them as are in the said Province do take upon them the Administration of the Government and the Execution of the Laws thereof and Powers and Authorities belonging to the Governour in chief and Council the first in Nomination in which Council is to preside until the said Governour shall return and arrive in the said Province again or the pleasure of their Majesties their Heirs and Successors be further known That for the good Government and Rule of their Majesties Subjects a Session of a General Assembly be held in this Province once every Year That every Free-holder within this Province and Free-man in any Corporation shall have his free choice and Vote in the Electing of the Representatives without any manner of constraint or imposition And that in all Elections the majority of Votes shall carry it And by Free-holders is to be understood every one who shall have forty Shillings per annum in Free-hold That the Persons to be elected to sit as Representatives in the General Assembly from time to time for the several Cities Towns Counties Shires Divisions or Mannors of this Province and all places within the same shall be according to the Proportion and Number hereafter expressed That is to say For the City and County of New-York Four For the County of Suffolk Two For Queens County Two For Kings County Two For the County of Richmond Two For the County of Westchester Two For the County of Vlster Two For the City and County of Albany Two For the Collony of Ranslaeâ—wick One. And for Dukes County Two And as many more as their Majesties their Heirs and Successors shall think fit to establish That all Persons chosen and assembled in manner aforesaid or the major part of them shall be deemed and accounted the Representatives of this Province in General Assembly That the Representatives convened in General Assembly may appoint their own Times of meeting during their Sessions and may adjourn their House from time to time as to them shall seem meet and convenient That the said Representatives as aforesaid convened are the sole Judges of the Qualifications of their own Members and likewise of all Under-Elections and may from time to time purge their House as they shall see occasion That no Member of the General Assembly or their Servants during the time of their Sessions and whilst they shall be going to and returning from the said Assembly shall be arrested sued imprisoned or any way molested or troubled nor be compelled to make answer to any Suit Bill Plaint Declaration or otherwise cases of High-Treason and Fellony only excepted That all Bills agreed upon by the said Representatives or the major part of them shall be presented unto the Governour and Council for their approbation and consent All and every which said Bills so approved of and consented to by the Governour and Council shall be esteemed and accounted the Laws of this Province Which said Laws shall continue and remain in force until they be disallowed by their Majesties
any Town or County within this Province are hereby fully impowered and authorized to have Cognizance of all Causes Cases of Debts and Trespass to the value of Forty Shillings or under which Causes and Cases shall he heard tryed and finally determined without a Jury by every Justice of the Peace that resides within any Town or County within this Province he taking to his Assistance at the time of his hearing and determining such Cause or Cases of Debt and Trespass to the value of Forty Shillings and under one of the Free-holders of the Town and place where the cause of Action doth arise The Process of warning shall be by a summons under the Hand of the Justice directed to the Constable of the Town or Precinct or any deputed by him where the Party complained against doth live Which Summons being Personally served or left at the Defendants House two days before the Day of Hearing of the Plaint shall be sufficient Authority to and for a said Justice assisted with one of the Free-holders as aforesaid to proceed on such Cause and Causes and determine the same in the Defendants absence and to grant Execution thereon against the Defendants Person or for want thereof his Estate which the Constable of the Town or Precincts or his Deputy shall and may serve Always provided and be it further Enacted by the Authority aforesaid That if the Plantiff or Defendant shall desire a Jury it shall be allowed but at the proper Cost and Charges of the Person desiring the same And for the Increase of Virtue and Discouraging of Evil-doers throughout this Province Be it further Enacted by the Authority aforesaid That there shall be held and kept in every respective City and County within this Province at the Times and Places hereafter named and expressed a Court of Sessions of the Peace that is to say For the City and County of New-York at the City Hall of the said City four times every Year viz. The first Tuesday in May the first Tuesday in August the first Tuesday in November and the first Tuesday in February For the City and County of Albany at the City Hall of the said City the first Tuesday in June the first Tuesday in October and the first Tuesday in February For Westchester at Westobester the first Tuesday in June and the first Tuesday in December For Vlster at Kingston the first Tuesday in September and the first Tuesday in March For the County of Richmond at the Court-House the first Tuesday in September and the first Tuesday in March For Kings County at Flatbush alias Midwout the second Tuesday in May and the second Tuesday in November For Queens County at Jamaica the third Tuesday in May and the third Tuesday in September For Suffolk County at Southold the last Tuesday in September And the last Tuesday in March at Southampton Orange County to be annixed to the County of New-York and Dutches County to the County of Vlster Which Sessions of the Peace shall only hold and continue for the space and time of two Dayes and no longer And for the more regular and beneficial Distribution of Justice to the Inhabitants of each respective City and County within this Province Be it further Enacted by the Authority a foresaid That there be kept and held a Court of Common Pleas in each respective City and County within this Province at the Times and Places hereafter named and expressed That is to say At such places in each respective County as the said Court of Sessions are to be kept and to begin the next day after the Sessions terminates and only to hold and continue for the space and time of two days and no longer And that there be one Judge with three Justice in each County Appointed and Commissionated to hold the same Court of Pleas Three whereof to be a Quorum And that the several and respective Courts hereby established shall have Jurisdiction to Hear Try and finally to Determine all Actions or cause of Actions and all Matters and Things and Causes Tryable at the Common Law of what Nature or Kind soever Provided alwayes and it is hereby enacted That there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution that shall be determined in this Court to the value of Twenty Pounds or under any thing contained herein to the contrary in any ways notwithstanding Provided alwayes and it is hereby Enacted That the Courts of Mayor and Aldermen of the respective Cities of New York and Albany shall have in each of their respective Cities the Power and Authority to Hear Try and finally to Determine all such Actions and Suits as is commonly cognizable before them from which final Determination there shall not be any Appeal or Removal by Habeas Corpus of any Person or of any Action or Suit or of any Judgment or Execution to the value of Twenty Pounds or under any thing contained herein to the contrary in any ways notwithstanding To which respective Court of Common Pleas there shall belong and be appointed and commissionated for that purpose one Clark of the Court to draw enter and keep the Records Declarations Pleas and Judgments there to be had and made And one Marshal or Cryer of the Court to call the Jurors and proclaim the Commands and Orders of the Court. And for the more regular Proceedings in the said Court all Processes and Writs of what Nature soever for the Command of Persons to appear and to execute the Judgments and Executions of the respective Courts aforesaid shall be directed to the respective Sheriffs of each City and County within this Province and executed by them their Under-Sheriffs or Deputy or Deputies And all Processes and Writs for Actions betwixt Party and Party in the said Court shall issue out of the Office of the Clark of the Court in each City and County respectively signed Per Curiam And that Their Majesties Subjects inhabiting within this Province may have all the good proper and just wayes and means for the securing and recovering their just Rights and Demands within the same Be it further Enacted and it is hereby Enacted and Ordained by Authority aforesaid That there shall be held and kept a Supream Court of Judicature which shall be duely and constantly kept at the City of New-York and not else-where at the several and respective Times hereafter mentioned And that there be five Justices at least appointed and commissionated to hold the same Court Two whereof together with one chief Justice to be a Quorum Which Supream Court is hereby fully Impowered and Authorized to have Cognizance of all Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequer within Their Majesties Kingdom of England have or ought to have In and to which Supream Court all and every Person and Persons
whatsoever shall or may if they shall so see meet commence or remove any Action or Suit the Debt or Damage laid in such Action or Suit being upwards of Twenty Pounds and not otherwise or shall or may by Warrant Writ of Error or Certiorari remove out of any of the respective Courts of Mayor and Aldermen Sessions and Common Pleas any Judgment Information or Indictment there had or depending and may correct Errors in Judgment or Reverse the same it there be just cause Provided always That the Judgment removed shall be upwards of the value of Twenty Pounds Always provided and be further Enacted by the Authority aforesaid That this Supream Court shall be duely and constantly kept once every fix Moneths and no oftner That is to say On the first Tuesday of October and on the first Tuesday of April annually and every Year at the City Hall of the said City of New-York provided they shall not sit longer than eight dayes And be if further Enacted by the Authority aforesaid That it shall not be lawful for any Person or Persons whatsoever appointed or elected or commissionated to be a Justice or Judge of the aforesaid Courts to execute or officiate his or their said place or Office until such Time he or they shall respectively take the Oathes appointed by Act of Parliament to be taken in stead of the Oathes of Allegiance and Supremacy and subscribe the Test in open Court And be it further Enacted by the Authority aforesaid That all and every of the Justices of Judges of the several Courts before-mentioned be and are hereby sufficiently impowered to make order and establish all such Rules and Orders for the more orderly practising and proceeding in their said Courts as fully and amply to all intents and purposes whatsoever as all or any of the said Judges of the several Courts of the Kings Bench Common Pleas and Exchequer in England legally do Provided alwayes and be it further Enacted by the Authority aforesaid That no Persons Right or Property shall be by any of the aforesaid Courts determined except where matters of Fact are either acknowledged or passeth by the Defendants Fault for want of Plea or Answer Unless the Fact be found by the Verdict of Twelve Men of the Neighbourhood as it ought of Right to be done by the Law Be it further Enacted by the Authority aforesaid That there shall be a Court of Chancery within this Province which said Court shall have Power to Hear and Determine all Matters of Equity and shall be esteemed and accounted The High Court of Chancery of this Province And be it further Enacted by the Authority aforesaid That the Governour and Council be the said High Court of Chancery and hold and keep the said Court and that the Governour may depute nominate and appoint in his stead a Chancellor and be assisted with such other Persons of the Council as shall by him be thought fit and convenient together with all necessary Officers Clerks and Registers as to the said High Court of Chancery are needfull Provided alwayes and it is hereby further Enacted by the Authority aforesaid That any Free-holder Planter Inhabitant or Sojourner within this Province may have Liberty if he or they see meet to make his or their Appeal or Appeals form any Judgment obtained against him or them in case of Error in the several courts aforesaid in such manner and form as is hereafter expressed That is to say From the Court of Mayor and Alderman and Courts of Common Pleas. To the Supream Court for any Judgment above the value of Twenty Pounds And from the Supream Court at New-York to the Governour and Council for any Judgment above the value of One Hundred Pounds And from the Governour and Council To their Majesties Counceil for any Decree or Judgment above the Value of Three Hundred Pounds as in Their Majesties Letters Patents to his Excellency doth and may more fully appear Alwayes provided That the Party or Parties so Appealing shall first pay all Cost of such Judgment or Decree from which the Appeal ariseth and enter into Recognizeance with two sufficient Sureties for double the value of the Debt Matter or Thing recovered or obtained by Judgment or Decree against him or them to the said Court from which they Appeal That they will prosecute the said Appeal or Appeals with Effect and make Return thereof wîthin Twelve Months after the said Appeal or Appeals here made And if Default happen thereon then Execution to issue out upon the Judgment against the Party or their Sureties in course without any Scire facias Provided alwayes That the establishing of these Courts shall not be or remain longer in force than for the time and space of two Years and until the end of the sitting of the next Assembly after the expiration of the said two Years An Act for the Settling Quieting and Confirming unto the Cities Towns Mannours and Freeholders within this Province their several Grants Patents and Rights respectively FOrasmuch as the many Changes Alterations and Disturbances that have been lately given unto their Majesties Subjects inhabiting within this their Province c. hath and doth very much discourage the settling improving and the growth and strength thereof and that it is now absolutely necessary for the quieting and satisfying their Majesties good Subjects within the same that the Rights and Priviledges formerly held by and granted to the respective Cities Towns Mannors and Free-holders within this Province c. should be now ratified and confirmed Be it therefore Enacted by the Governour Council and Representatives convened in General Assembly And it is hereby Enacted and Declared by the Authority of the same That all the Charters Patents Grants made given and granted and well and truly executed under the Seal of this Province constituted and authorized by their late and present Majesties the Kings of England and Registered in the Secretary's Office unto the several and respective Corporations or Bodies Politick of the Cities Towns and Mannors and also to the several and respective Free-holders within this Province are and shall forever be deemed esteemed and reputed good and effectual Charters Patents and Grants authentick in the Law against their Majesties their Heirs and Successors forever notwithstanding of the want of Forms in the Law or the Non-feizance of any Right Priviledge or Custom which ought to have been done heretofore by the Constitutions and Directions contained in the respective Charters Patents and Grants aforesaid And be it further Enacted by the Authority aforesaid That all the Charters Patents and Grants made given and granted as aforesaid unto all and every the several and respective Corporations or Bodies Politick of the Cities Towns and Mannors and their Successors and also unto all and every the respective Free-holders their Heirs Assigus forever within this Province are to all intents and purposes whatsoever hereby Ratified and Confirmed To Have Hold Exercise Occupy Possess and Enjoy all their
have Cognizance all of Pleas Civil Criminal and Mixt as fully and amply to all intents and purposes whatsoever as the Courts of Kings Bench Common Pleas and Exchequor within their Majesties Kingdom of England have or ought to have In and to which Supream Court all and every Person and Persons whatsoever shall or may if they shall see meet commence or remove any Action or Suit the Debt or Damage laid in such Action or Suit being upwards of Twenty Pounds and not otherwise or shall or may by Warrant or Certiorarie remove out of any of the respective Courts of Mayor and Aldermen Sessions of the Peace and Common Pleas any Judgment Information or Indictment there had and depending Provided alwayes that the Judgment removed be upwards of the Valve of Twenty Pounds Out of the Office of which Supream Court at New-York aforesaid all Process shall issue out under the Test of the Chief Justice of the said Court and to which Office all Returns shall be made Which Supream Court shall be holden at such Times and Places as herein after is limitted appointed For the City and County of New-York and County of Orange on the first Tuesday in April and on the first Tuesday in October annually and every Year For the City and County of Albany the first Tuesday in Mar. For Vlster and Dutches County the third Tuesday in May. For the County of Westchester the last Tuesday in June For Kings County the first Tuesday in August For Queens County the second Tuesday in August For the County of Suffolk the third Tuesday in August And for the County of Richmond the second Tuesday of June And be it further Enacted by the Authority aforesaid That all and every of the Justices or Judges of the several Courts afore-mentioned be and are hereby sufficiently impowered to make ordain and establish all such Rules and Orders for the more Regular practising and proceeding in their said Courts as fully and amply to all intents and purposes whatsoever as all or any of the Judges of the several Courts of the Kings Bench Common Pleas and Exchequor in England legally do Provided alwayes and be it further Enacted by the Authority aforesaid That no Persons Right or Property shall be by any of the aforesaid Courts determined except where matters of Fact are either acknowledged by the Parties or Judgment he acknowledged or passeth by the Defendants Fault for want of Plea or Answer unless the Fact be found by the Verdict of Twelve Men of the Neighbourhood as it ought to be done by the Law And be it further Enacted by the Authority aforesaid That one of the Justices of the said Supream Court commissionated as aforesaid shall once in every Year at the aforesaid Times and Places in each respective County aforesaid go the Circuit and at the places and times aforesaid there hold the Supream Court being then assisted by two or more of the Justices of the Peace of the several respective Counties where the said Supream Court is to be holden and shall there hear and determine all Process and Pleas there depending and issued as aforesaid Alwayâ—â— provided That in such County where there is no Process issued or Pleas depending That the Justice shall not be then obliged to go the Circuit to the said County any thing contained herein to the contrary hereof in any wayes notwithstanding Alwayes provided the Sessions of the said Supream Cours shall not continue nor hold longer at New-York than five dayes at the other respective places in each respective County than two dayes and no longer And be it further Enacted by the Authority aforesaid That there shall be a Court of Chancery within this Province which said Court shall have Power to hear and determine all Matters of Equity and shall be esteemed and accounted The High Court of Chancery of this Province And be it further Enacted by the Authority aforesaid That the Governour and Council be the said High Court of Chancery and hold and keep the said Court And that the Governour may depute nominate and appoint in his stead a Chancellor and be assisted with such other Persons of the Council as shall by him be thought fit and convenient together with all necessary Officers Clarks and Registers as to the said High Court of Chancery are needful Provided alwayes and it is hereby further Enacted by the Authority aforesaid That any Free-holder Planter Inhabitant or Sojourner within this Province may have liberty if he or they see meet to make his or their Appeal or Appeals from any Judgment obtained against him or them in case of Error in the several Courts aforesaid in such manner and form as is hereafter expressed That is to say From the Courts of Mayor and Aldermen and Courts of Common Pleas to the Supream Court for any Judgment above the Value of Twenty Pounds And from the Supream Court at New-York to the Governour and Council for any Judgment above the value of One Hundred Pounds And from the Governour and Council to Their Majesties in Council for any Decree or Judgment above the Value of Three Hundred Pounds as in their Majesties Letters Patents to his Excellency doth and may more fully appear Alwayes provided That the Party or Parties so appealing shall first pay all Costs of such Judgment or Decree from which the Appeal ariseth and enter into Recognizance with two sufficient Sureties for double the value of the Debt Matter or Thing recovered or obtained by Judgment or Decree against him or them to the said Court from which they appeal That they will prosecute the said Appeal or Appeals with Effect and make Return thereof within twelve Months after the said Appeal or Appeals here made And if default happen thereon then Execution to issue out upon the Judgment against the Party or their Sureties in course without any Scire facias Provided alwayes That the establishing of these Courts shall not be or remain longer in force than for the time and space of two Years from and after the Expiration of the former Act before-mentioned and no longer An Act for settling Fairs and Markets in each respective City and County throughout this Province WHereas great Inconveniency doth arise unto the Inhabitants of the Province for want of certain Market dayes in each respective City and County throughout the same the Trade of the Province is likewise very much discouraged for want thereof as well as for the want of publick Fairs in each respective City and County to be held and kept at least once in every Year For Remedy whereof and that Trade and Commerce may be the better encouraged and propagated for the good and weal of all the Inhabitants aforesaid Be it therefore Enacted by the Governour and Council and Representatives convened in General Assembly and it is hereby Enacted by the Authority of the same That there shall be held and kept in the respective Counties aforesaid upon every Thursday of the Week
and judged in such Form as if such Offence had been committed in and upon the Land and to that end and purpose Commissions shall be had under their Majesties Seal of this Province directed to the Judge or Judges of the Admirality of this Province for the time being and to such other substantial persons as by their Majesties Governour or Commander in chief of this Province for the time being shall be named or appointed which said Commissioners or such a Quorum of them as by such Commission shall be thereunto authorized shall have full Power to do all things in and about the enquiry hearing determining adjudging and punishing of any of the Crimes and Offences aforesaid as any Commissioners appointed by Commission under the great Seal of England by Virtue of a Statute made in the Twenty Eight Year of the Reign of King Henry the eight are Impowered to do and execute within the Kingdom of England And that the said Offenders which are or shall be apprehended in or brought Prisoners to this Province shall be lyable to such Order Process Judgment and Execution by Virtue of such Commission to be grounded upon this Act as might be awarded or given against them if they were proceeded against within the Realm of England by Virtue of any Commission grounded upon the said Statute Be it further Enacted by the Authority aforesaid That all and every person or persons that shall any way knowingly entertain harbour conceal trade or hold any correspondence by Letters or otherwise with any person or persons that shall be deemed or judged to be Privateers Pyrates or other Offenders within the Construction of this Act and shall not readily endeavour to the best of his and their power to apprehend or cause to be apprehended such Offender or Offenders shall be lyable to be prosecuted against as Accessaries and Confederate to suffer such pains and penalties as in in such case by Law is provided And for the better and more effectual Execution of this Act Be it further Enacted by the Authority aforesaid That all Commission Officers in their several Precincts within this Province are hereby required and impowered upon his or their Knowledge or Notice given That any Privateers Pyrates or other Persons suspected to be upon any Unlawful Design are in any place within their respective Precincts to raise and levy such Number of well Armed Men as he or they shall think needfull for the seizing apprehending and carrying to Goal all and every such person and persons and in case of any Resistance or Refusal to yield Obedience to their Majesties Authority it shall be lawful to Kill or Destroy such Person or Persons And all and every Person or Persons that shall Oppose or Resist by Striking or Firing upon any of the Commanded Parties shall be deemed taken and adjudged Fellons without Benefit of the Clergy And every such Officer that shall omit or neglect his Duty herein shall forfeit Fifty Pounds currant Money of this Province for every such Offence to be Recovered in any of their Majesties Courts of Record within this Province by Bill Plaint or Information wherein is no Effoyn Wager of Law or Protection shall be allowed one moiety thereof to be to their Majesties their Heirs and Successors for and toward the support of the Government of this Province and the contingent Charges thereof and the other moiety to the Informer And all and every Person and Persons that upon Orders given him or them shall refuse to repair immediately with his or their Arms well fixed and Amunition to suth place or places as shall be appointed by any super Officer or Officers and not readily Obey his or their Commands in the Execution of the Premises shall be lyable to such Fine or Corporal Punishment as shall be awarded against them within the Courts to which the Recognizeance of the Fact doth belong FINIS An Act for Granting to their Majesties the Rate of One Penny per Pound upon all the Real and Personal Estates within this Province of New-York c. To be allowed unto his Excellency the Governour for the Care of the Province November the 12th 1692. THe Representatives convened in General Assembly in all humble and dutiful Acknowledgement of their Majesties most Gracious Favour and Regard to the Subjects of this Province by Commissionating and Appointing over them a Person to be their Governour who is endued with most excellent Qualities and hath given most signal Demonstration of his constant Loyalty and Fidelity unto their Majesties by his prudent care and conduct since his arrival into this their Majesties Province and who by his unwearied vigilence hath visited the Frontiers of the same and hath put them into such posture as that all the Subjects are in safety tho' inviron'd with a powerfull Enemy In the deepest Sence thereof become humble Suppliants unto their most Excellent Majesties and pray that they would be graciously pleased to accept as a token of their most Loyal and Sincere Affection unto their Majesties and their Government established here One Penny for every Pound value of all the Real and Personal Estates of all and every the Free-holders and Inhabitants within this their Majesties Province and Dependancies and do likewise humbly pray that your most excellent Majesties would be pleased to give allow the same unto Benjamin Fletcher Esq Capt. General and Governour in chief in and over their Majesties Province of New-York and Territories thereon depending in America and pray that it be so enacted Be it therefore enacted by the Governour and Council and Representatives convened in General Assembly and by the Authority of the same That there be Assessed Levyed and Collected One Penny for every Pounds value of all the Real and Personal Estates of all and every the Free-holders and Inhabitants within this Province and Dependencies to be assessed levyed collected and paid in manner and form following that is to say The one half or moyety of the aforesaid Assesments of One Penny for every Pounds value of all the Real and Personal Estates as aforesaid to be assessed levyed collected and paid unto their Majesties Receiver General at New-York at or before the first day of September next which shall be in the Year of our Lord One Thousand Six Hundred Ninety and Three and the other half or moyety of the said Assesment to be paid in like manner at or before the first day of September then next following which shall be in the Year of our Lord One Thousand Six Hundred Ninety and Four And for the more due and orderly Collection of the Assesment aforesaid Be it further enacted by the Authority aforesaid That the Mayor and Aldermen within the City of New-York for the time being and the Mayor and Aldermen within the City of Albany for the time being and the Justices of the Peace for the time being for the several and respective Counties within this Province for the several Counties respectively for the which they