Assigns the resepective Sums hereafter exprest out of the publick Money that is or that shall come into his hands, not otherwise appropriated, That is to say: "AND WHEREAS By the Treasurers Account laid before the General Assembly divers Farmers of the Excise in the Citys and Countys of New York and Albany and some other Countys within this Colony, who farmed the said Excise before the first Day of November One thousand seven hundred and thirteen Remain considerable Sums in Debt for the said Excise; BE IT therefore further Enacted by the Authority aforesaid, That the Arrears of the said Excise due from the several Farmers thereof within the sevral Citys and Countys within this Colony Be paid Unto the said Treasurer within the Space of Six Months after the Publication hereof, under the penalty of forfeiting double the Sum in Arrear by the Farmer or Farmers of the said Excise, To be Recovered by the Treasurer of this Colony, who is by this Act required and authorized to Sue for the same by Action of Debt in any Court of Record within this Colony, wherein No Essoin, Protection or Wager of Law, or more than one Imparlance shall be allowed, And that the said Treasurer defray the Charge of such Suits out of the Publick Money in his hands; AND if it shall so happen, That the Arrear of the aforesaid Excise, Directed by this Act to be paid unto the said Treasurer, remain unpaid by Neglect or Default of the said Treasurer, contrary to the true intent and meaning of this Act, Then and in such Case the said Treasurer shall be accountable for all and every Sum and Sums remaining in Arrear and unpaid, as if the same had been actually received by him." 1716, June 30th. "An Act to prevent the selling & giving of Rum or other Strong Liquors to the Indians." "WHEREAS it hath been found by Experience, that the Use of Rum & other Strong Liquors, by the Indians of the County of Albany, has not only been destructive to their Bodys, but their Minds are thereby so deprived of the right use of their Natural understanding & Reason, that they become Ungovernable, & are led into the practices of all sort of Vice & Immorality; for the prevention whereof for the future, Be it Enacted by the Gov'r, the Council & General Assembly, & by Authority of the Same, That if any person or persons whatsoever within the City & County of Albany, shall from & after the Publication hereof, give, sell or otherwise Dispose of any Rum, Brandy or Spirits, Wine, or any other Strong Liquor whatsoever, to any Indian or Indians within the said City & County of Albang. Such person or persons, so as aforesaid giving, Selling or otherwise disposeing of any Rum, Brandy, Wine, or any other Strong Liquor to any Indian or Indians within the said City & County of Albany, & being thereof Convicted by the Oath of any one Christian, or the Affirmation of one Indian, before the Mayor or Recorder of the said City of Albany, or before any one Justice of the Peace of the said City or County afores'd, who is hereby Impowered to Administer & take such Oaths and Affirmation, shall for every such Offence, forfeit the Sum of five pounds, One half whereof to be to the use of the Said County where Such Offender shall be Convicted, & the other half to the Use of the Informer, to be Levy'd by Distress & sale of the Offenders goods, by Warrant under the hands & Seal of the Person or Persons before whom such Conviction was made, which Warrant such Person or Persons, as aforesaid, have likewise power to make, Seal & Grant, & where distress cannot be made upon the Offender or Offenders in this behalf, that then it shall & may be Lawful for the said Mayor or Recorder, or any one Justice of the Peace, as aforesaid, to Commit such Offender or Offenders to Prison, there to remain without Bail or Mainprize, for the space of three Months from the time of such Conviction, as aforesaid. PROVIDED alwayes, and it is hereby Enacted, That, any Per son or Persons so affirmed against, by such Indian or Indians who shall Immediately before Such Mayor or Recorder, or Justice of the Peace, as aforesaid, make Oath upon the holy Evangelist, to the Contrary of Such Affirmation, of such Indian or Indians, such Person or Persons so swearing, shall be Discharged from the Affirmation of such Indian or Indians. "And because the good Intent of this Act shall not be frustrated by the secret and Clandestine Practices of Persons for the sake of private advantage, Be it Enacted by the Authority aforesaid, That from and after the publication hereof, It shall & may be Lawful for the said Mayor or Recorder, or any One Justice of the Peace of the said City or County Aforesaid, as often as he or they shall think fit, to send for any Person or Persons whatsoever, whom they shall Suspect, privately to Offend against the Law in this behalf made, And administer to such Person or Persons so suspected, an Oath upon the Holy Evangelists, to purge themselves from the said Suspisition, in the Words following. I A. B. do swear, That I have not Directly or indirectly by myself or any other for me from & after Publica'con of an Act entituled an Act to prevent the selling & giving of Rum or other Strong Liquors to the Indians, Given Sold or otherwise Disposed of any Rum Wine Brandy or other Strong Liquors to any Indian or Indians within the City and County aforesaid or to any other Person or Persons whatsoever for them or any of them Contrary to the true Intent & meaning of this Act. And every such Person or Persons, so suspected, as aforesaid, not appearing upon summons duly made, or appearing, either Confessing the aforesaid Facts or refusing to take the aforesaid Oaths, shall forfeit the sum of Five pounds, undergo the Imprisonment aforesaid; the Forfeiture to be Levyed, Divided & Dispos'd of in manner aforesaid. Provided always, That no Forfeiture or Imprisonment shall be inflicted upon any Person whatsoever in this behalf, for not appearing Upon Summons duly made, until an Affidavit be made upon oath of the due Service of the said summons upon the said Suspected Person or Persons before the said Mayor Recorder of the said City, or before any one Justice of the Peace of the said County aforesaid who are hereby Impowered to Administer such oath to the Constable or Officer, who shall have Served the same, any thing before to the Contrary thereof in any wise notwithstanding. "And be it further Enacted by the Authority aforesaid That if any one of the aforesaid Officers, or any sheriffs or Constables of the aforesaid City and County do neglect or refuse to Act in the putting this Act in Execu'con, every such officer so neglecting or refusing shall for every such offence forfeit the like sum of Five pounds or undergo such Imprisonment of three months as aforesaid." 1716, September 1st. "An Act nominating Commissioners to Farme the Excise thro the Colony." “WHEREAS by an Act of General Assembly of this Colony, made in the twelfth Year of Her late Majestys Reign, entituled, an Act for laying an Excise on all strong Liquors Retailed in this Colony, It is amongst other things Enacted, That there shall be given and Granted unto her Ma'tie, her Heirs and Successors, from the first Day of November, in the Year of our Lord One Thousand Seven hundred & Fourteen, until the first Day of November, which shall be in the Year of our Lord One Thousand Seven hundred & Thirty four, for the Uses in the Say'd Act mentioned and Expressed, an Excise upon all Strong Liquors Retailed thro'out this Colony under the Quantity of Five Gallons (Beer & Syder only Excepted) to wit, the Eighth Part of an Ounce of Sevil, Pillar or Mexico Plate for every Gallon so Retailed, & Three quarters of an ounce of the Say'd Plate for every Barrel of Beer or Syder; To the end therefore, that the Say'd Duty of Excise may be orderly Collected, and managed to the best Advantage, for & towards the Uses in the Say'd Act Expressed, "Be it Enacted by the Governor, Councill and General Assembly, & by the Authority of the Same, That the Persons hereinafter named, shall be, & are hereby appointed Commissioners for one Year next ensuing, to Commence from the first Day of August, One Thousand Seven hundred & Sixteen, to let the say'd Excise to Farm thro'out the Citys and Countyes of this Collony, for which they shall be named (that is to Say) For the City & County of New York, Johannes Jansen, John Cruger & Phillip Schuyler, Esq'r. For the City and County of Albany, Phillip Livingston & Thomas Williams, Esq'r. "For the County of Suffolk, Robert Hudson, Esq'r. "For Queens County, Major Isaac Hicks. "For Kings County, Coll: Richard Stilwell. 'For the County of West Chester, Capt. Joseph Budd. "For the County of Ulster, Maj'r Johannes Hardenbergh & Capt. Johannes Rutsen. "For Dutchess County, Capt. Leonard Lewis. "For the County of Richmond, Mr. Paul Droilhet. "For the County of Orange, Capt. John Corbet. "And be it further Enacted by the Authority aforesaid, That the said Commissioners for the Cityes and Countyes for which they are named, are hereby required, authorized and Impowered to Let to Farm the aforesaid Excise in their Respective Citys & Countys, to the Several Retailers of Strong Liquors, dwelling within the Same, on the first Tuesday in October, or at any time thereafter, for the most Sum or Sums of Money The Said Commissioners can get, for the greater Increase of the Said Excise, granted by the Said Act, publick Notice shall be first given of the time & place Such Farming is appointed, to be made by fixing Advertisements thereof in the most Publick Places in every Respective City, County, Town, Mannor & Precinct, Ten days before the time the same is to be farmed, as aforesaid. And the Said Comm'rs are hereby Required to see that good & Sufficient Security, by Recognizances, be given by all and every Person or Persons that shall Farm the same, as aforesaid, Conditioned, That they pay the same Quarterly, by equal and even payments, into the hands of the Respective Comm'rs that shall Let the Same, who are hereby appointed to Receive the Same; & in two Monthes after the Excise Shall be Farmed, to give the Treasurer of this Colony a true acco't of the Sum & Sums it hath been Farmed for, according to the Intent of this Act. And be it firther Enacted by the Authority aforesaid, That it shall and may be Lawful to & for the Said Commissioners, Respectively, to Examine, Upon Oath, every Retailer they shall agree with, Respectively, for the Excise as aforesaid, what they pay'd formerly for the Same. "And be it firther Enacted by the Authority aforesaid, That the Said Comm'rs are, Respectively, hereby Required & Impowered to Sue all and Every Such Retailer & Retailers, their Surety & Sureties, that Shall not duley pay the Sum & Sums of Money he, she or they have agreed to pay for the Excise aforesaid, at the time & times in their Several Recognizances mentioned & Exprest, before any Three of His Majesties Justices of the Peace, one whereof to be of the Quorum of the City or County where such Retailer or Retailers do Resyde, who are hereby Required, authorized & Impowered to make out Process against such Retailer or Retailers, & finally to hear & Determine The Same, & award Execution upon his, her or their Recognizance or Recognizances, against the Goods & Chattles, Lands & Tenements of the Said Retailer or Retailers, his, her & their Surety & Suretyes, and Law, Usage or Custom to the Contrary hereof in any ways notwithstanding. "And be it further Enacted by the Authority aforesaid. That the Said Commissioners, & every of them, do enter into Bond or Recognizance to his Majesty, his heirs and Successors, at or before the first Day of October next, with Sufficient Suretyes, to be approved of at least by two of his Maj'ts Justices of the Peace of each Respective City & County within this Colony. "FOR the City & County of New York, the Sum of Twelve hundred pounds. STATE COMMISSIONER OF EXCISE. "FOR the City & County of Albany, the Sum of Two Hundred Pounds. "FOR Queens County, the Sum of One hundred & Fity pounds and For Suffolk County, the Sum of One hundred & Fifty pounds, with Condition, That they pay Quarterly, by even & Equal payments, into the hands of the Treasurer of this Colony, for the time being, who is hereby appointed to receive the Same, all such Sum & Sums of Money as they shall have Respectively Received for the Excise afores'd, within Thirty Days after the Same is come, Respectively, to their or either of their hands, together with an Exact acco't of what is not by them Rec'd, & for which they have put the Recognizances in Suit, if any there be, which when Recovered, they are forthwith to pay Into the Said Treasurer, in Manner aforesaid “And be it firther Enacted by the Authority aforesaid, That the Say'd Commissioners, & every of them, shall and may Retain in his & their hands, out of the Money arising by the said Duty & Excise, for their Trouble & Services, the Sum of Ten per Cent. "And be it further Enacted by the Authority Aforesay'd, That if any of the Respective Com'rs appointed by this Act, Shall Dye, deny or Refuse to Serve, then it shall and may be Lawful for the Mayors & Aldermen within the Citys & Countys of New York and Albany, & the Justices of the Peace in the Several Countyes within this Colony, or the Major part of them, under their hands & Seals, to appoint other Comm'rs in their Stead; & the Commissioners So apointed, Shall have the Same power & Authority as the Comm'rs herein before appointed, until the Gov'r, Council & Assembly shall either confirm them or appoint others. "And be it further Enacted by the Authority aforesaid, That if any of the Commissioners hereby appointed, or to be appointed as aforesaid, shall Directly or Indirectly, Either by themselves or their Servants, or by any other person or persons, whatsoever, In Trust for them, Retail any Wine, Beer, Rum, Cyder, or any other Strong Liquor or Liquors within the Time Limitted by this Act, Every Such Commissioner or Commissioners shall forfeit for every Such offence, the Sum of fifty pounds Current Money of this Colony, to be Recovered in any Court of Record within this Colony, One half whereof to be to his Ma'tie, his heirs and Successors, and the other half to the person or persons who shall prosecute or Sue for the Same." 1717, November 9th. "An Act for Letting to ffarm the Excise of this Colony for the Term of five Years, And to Enable the ffarmers thereof Effectually to Collect the Same. "WHEREAS by one Act of General Assembly of this province, made in the twelfth Year of the Reign of her late Majesty, ANNE, of Immortal Memory, Intituled, an Act for Laying an Excise on all Strong Liquors Retailed in this Colony, there was Given and Granted unto her said Majesty, her heirs and Successors, an Excise on all Strong Liquors for the Uses in the said Act mentioned. "AND WHEREAS proposals have been made to the General Assembly of this province by ffrancis Harrison and Gilbert Livingston, Esqrs. that on the Consideration of their Receiving the Duty of Excise aforesaid, That they will pay unto the Treasurer of this Colony the Sum of Three Thousand Seven hundred and ffifty Ounces of plate, yearly & every year, during ye s'd term of five Years, by Even and equal half Yearly payments; And have proposed Ten persons of undoubted Credit and Abilities to become Securities for their due performance of the Same, And have proposed to Renew the said Securities Yearly and every Year; which proposals have been approved of and accepted by the said General Assembly; And in Order that the said Duty of Excise may be managed to the best Advantage, And effectually Answer the Ends and purposes in and by the said Act mentioned and intended, "BE IT ENACTED by the Governour, Council and General Assembly, And it is hereby Enacted by the Authority of the Same, That the said Duty of Excise by the Act aforesaid, Given and Granted unto her Late Majesty, her heirs & Successors, shall be and is hereby hired and Let to ffarm unto the said ffrancis Harrison and Gilbert Livingston, their Executors, Administrators and Assigns, from the first day of November in the present Year of our Lord Christ One thousand Seven hundred and Seventeen, And until the Term of five Years be fully Compleated and Ended; And the said ffrancis Harrison and Gilbert Livingston, their Executors, Administrators or assigns are herein and hereby Authorized and Impower'd, by themselves, their Agents, Deputies or Assigns, to Collect and Receive the said Duty of Excise, Given and Granted by the Act before mentioned, And all the fines, penalties & forfeitures that Shall arise or become Due by Virtue of the said Act, or by Virtue of this, or any other act made, Appointing & Directing the Gathering, Collecting or receiving the said Duty of Excise, or any part thereof, During the term of five Years aforesaid, And Shall Retain, keep and appropriate the said Duty of Excise, and fines and forfeitures aforesaid, Arising within the said five years, to their own proper benefit, use and behoof, as their own proper Goods and Estate, Any thing in this Act, or in any other Act to the Contrary hereof in any wise notwithstanding "AND it is also further Enacted by the authority aforesaid, That the said ffrancis Harrison and Gilbert Livingston, their Executors or Administrators may and are hereby Impowered (if they so think fit) to Lett, Sell or Dispose of the said Duty of Excise to any person or persons, either in whole or in part, in any City, Town or County within this province, During the said Term of five Years, for the said term of five years, or for any part thereof, fully and Absolutely, or in Such manner, and upon such Conditions, and under Such Restrictions and Limitations, as by the said ffrancis Harrison and Gilbert Livingston, their Executors or Administrators shall be thought most fit & Convenient; And the said purchasor or purchasors, farmer or farmers of the whole, or any part of the said Duty of Excise, their Executors or assigns, shall be Intituled to receive and appropriate to their own proper use and Advantage the said Duty of Excise, or Such part thereof, as aforesaid, as they shall so purchase or hire, with the Emoluments, profits and Advantages thereto belonging, or thereby Arising, as fully and Amply to all intents, Constructions and purposes whatsoever (Excepting the Conditions, Restrictions and Limitations aforesaid, if any such there be) As the said ffrancis Harrison and Gilbert Livingston might, Could or ought to have done, or are Intituled to by this act, or may be Intitled to by any other Act of the General Assembly of this province for that purpose. "AND be it further Enacted by the Authority aforesaid, That they the said ffrancis Harrison and Gilbert Livingston, or either of them, their or either of their Exec'r or Administrators shall pay Yearly and every Year, During the five Years aforesaid, unto the Treasurer of this Colony the Sum of Three Thousand Seven hundred and fifty Ounces of Civil, pillar, or Mexico plate, Lyon Dollars or Bills of Credit made Current in this Colony, to the Value thereof, at two Equal half Yearly payments, that is to say, One Thousand Eight hundred and Seventy ffive Ounces of Such plate, Lyon Dollars or Bills of Credit, aforesaid, on the first day of May, Yearly and every Year, and One Thousand Eight hundred and Seventy five Ounce of the like plate, Lyon Dollars or bills of Credit, aforesaid, on the first day of November, Yearly and every year. And the said Ten persons proposed by the said ffrancis Harrison and Gilbert Livingston, as Sureties, and who have promis'd to become such, shall on or before the Fifteenth Day of this present month of November, Enter into Bond to his Majesty, his heirs and Successors, Jointly and Severally, in the penal Sum of Seven thousand |