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Statutes Not Specifically Repealed

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Ch.

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1789

shows it was intended to protect the statues of George III and of William Pitt. See L. 1788, ch. 51, which authorizes the removal of the last named statue.

"An act to prevent the sale of goods at night by vendue, auction or outcry in the city of New York." (Ch. 1615 of Van Schaack, passed 8 March, 1773. The Colonial Laws of New York, Vol. 5, p. 547.)

"An act to amend an act entitled an act for the speedy punishing and releasing such persons from imprisonment as shall commit any criminal offences under the degree of grand larceny." (Ch. 1657, passed 9 March, 1774. The Colonial Laws of New York, Vol. 5, p. 644.)

"An act to oblige the inhabitants of each particular ward within the city of New York, to make good their respective quota's of all publick taxes." (Ch. 305 of Livingston & Smith and Van Schaack, passed 21 July, 1715. The Colonial Laws of New York, Vol. 1, p. 877.)

"An act to oblige the collectors and treasurer of Richmond county, effectually to collect and pay the annual rate of said county." (Ch. 460 of Livingston & Smith and Van Schaack, passed 24 July, 1724. The Colonial Laws of New York, Vol. 2, p. 238.)

"An act for the better regulating the taxation of estates in Queens county, and for repealing an act entitled an act for the more equal taxation of estates in Queens county, passed in the twenty-seventh year of his present majesty's reign." (Ch. 1138 of Van Schaack and ch. 216 of Livingston & Smith, passed 8 November, 1760. The Colonial Laws of New York, Vol. 4, p. 500.)

"An act to regulate the publick pounds in the city and county of New York." (Ch. 1262 of Van Schaack, passed 20 October, 1764. The Colonial Laws of New York, Vol. 4, p. 825.)

"An act for the more equal taxation of estates, and providing for deficiencies in the taxes of the county of West-Chester." (Ch. 1618 of Van Schaack, passed & March, 1773. The Colonial Laws of New York, Vol. 5, p. 568.)

NOTE.- "The Colonial Laws of New York," cited above, refers to " The Colonial Laws of New York from the Year 1664 to the Revolution," prepared pursuant to L. 1891, ch. 125, by the Statutory Revision Commission and published by the State.

4 all...... Supreme Court, providing for circuit terms, N. Y. City and County.

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This act provides for the appointment of time and place of circuit terms by the Supreme Court. This act was amended: L. 1797, ch. 13; L. 1798, ch. 111; L. 1800, ch. 122; L. 1801, ch. 8; L. 1801, ch. 193 (constructive repeal.

Tax for £13,000, N. Y. City and County.

This act authorizes the raising the sum mentioned to be used for the purpose of reimbursing persons who had advanced funds for the building for housing the U. S. Congress, and for repairs to the city hall. See also L. 1790, ch. 8, supra.

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1789

Tax for municipal purposes, N. Y. City and County.
This act authorizes the levy and collection of £10,000.
Highways and roads, Kings, Queens and Suffolk Counties.

This act provides: Duties of highway commissioners; alteration of roads; record of highways; width of roads; swinging gates; obstructions; commissioners' compensation; repairing and road work by inhabitants; duties and powers of overseers of highways; trees standing in highways; rule of the road and right of way.

This act was amended: L. 1800, ch. 43, § 3 (timber for repairs); L. 1801, ch. 111 (generally); L. 1801, ch. 193 (constructive repeal).

The general amendment made by L. 1801, ch. 111, was made a part of the compilation known as the Revised Acts (Kent & Radcliff) of 1801. The constructive repeal contained in L. 1801, ch. 193 is of "* and all

acts and parts of acts heretofore passed by the legislature of this State which come within the purview or operation of any of the acts passed during the present session of the legislature commonly called the revised acts shall be and the same are hereby repealed from and after the first day of October next." In view of the fact that the amendment made by L. 1801, ch. 111, to L. 1789, ch. 14, was general, and that it was made a part of the Revised Acts, it is probable that L. 1789, ch. 14, came within the scope of the repeal of L. 1801, ch. 193, above cited.

45 all..... General repealing act.

This act repeals certain Colonial acts, describing them by their titles. The repealed acts which specifically affected the territory now included in Greater New York

were:

"An act for the better clearing, regulating and further laying out public highways, in Kings County, Queens County, Richmond county and Orange county." (Ch. 805 of Livingston & Smith and Van Schaack, passed 29 November, 1745. The Colonial Laws of New York, Vol. 3, p. 482.) Another Colonial Act bearing the same title is ch. 555 of Livingston & Smith and Van Schaack, passed 29 October, 1730. The Colonial Laws of New York, Vol. 2, p. 659.

"An act for the better regulation and further laying out public highways, in Queens County." (Ch. 1139 of Van Schaack and ch. 217 of Livingston & Smith, passed 8 November, 1760. The Colonial Laws of New York, Vol. 4, p. 503.)

"An act to enlarge the time for the constables of the city of New York, who shall be the collectors of the taxes, to pay in the taxes to be raised in the said city, and for the more effectual collecting of the taxes already assessed." (Ch. 1338 of Van Schaack, passed 13 January, 1768. The Colonial Laws of New York, Vol. 4, p. 972.)

"An act for the more effectual extinguishment of fires, near the ferry, in the township of Brooklyn, in Kings county." (Ch. 1383 of Van Schaack, passed 21 December, 1768. The Colonial Laws of New York, Vol. 4, p. 1073.) "An act to amend an act, entitled 'An act for returning

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neat cattle and sheep to their owners, so far as relates to Suffolk, Queens and West-Chester counties.'" (Ch. 1527 of Van Schaack, passed 26 February, 1772. The Colonial Laws of New York, Vol. 5, p. 299.)

NOTE." The Colonial Laws of New York," cited above, refers to "The Colonial Laws of New York from the Year 1664 to the Revolution," prepared pursuant to L. 1891, ch. 125, by the Statutory Revision Commission and published by the State.

4 all...... Tax, Westchester Co.

This act authorized the levying of a tax in Westchester Co. for the purpose of reimbursing the town of Westchester for the destruction of its jail.

5 all...... Tax for municipal purposes, N. Y. City and County. This act provides for the raising of £11,000. 1790 8 all...... Lottery for raising £13,000, N. Y. City.

1790

1790

This act authorized one or more lotteries for the purpose of paying an indebtedness incurred for repairing and improving the city hall. The act of 1789, ch. 6, authorizing a tax for £13,000, appears to have been for the same, or a like, purpose.

"An act relative to lotteries," L. 1819, ch. 206, by section 42, provides "that the several acts of the legislature of this state, relative to lotteries, be and the same are hereby repealed;

14 all...... Taxes, assessment and apportionment in Richmond Co.

This act provides for election of assessors; oath of office; manner of making assessments; concealment of property from assessors; penalty for assessors refusing to perform duties; assessors' compensation. 22 all...... Highways and private roads, Richmond Co.

This act provides for election of commissioners of highways; proceedings for laying out roads; obstructing roads and bridges; width of roads; road repairing by inhabitants; timber in road used for repairs; placing of gates; wagons and teams for road work; record of highways; commissioners' compensation; surveyors and overseers warning out inhabitants for road work. The act, by section 13, repeals L. 1785, ch. 78, so far as it affects Richmond Co.

66

This act was affected by L. 1797, ch. 43, 66 an act to regulate highways," which constructively abrogated L. 1790, ch. 22. The act of 1797 was amended by L. 1798, ch. 35, § 10, of which provided that L. 1790, ch. 22, "be and the same is hereby revived." Laws 1801, ch. 111, an act to regulate highways in the counties of Suffolk, Queens, Kings and Richmond," which act was a part of the compilation known as the Revised Acts (Kent and Radcliff) of 1801, was, in effect, a general amendment to L. 1790, ch. 22. The constructive repeal contained in L. 1801, ch. 193, and which provided " * and all acts and parts of acts heretofore passed by the legislature of this state which come within the purview or operation of any of the acts passed during the present session of the legislature commonly called the revised acts shall be and the same are hereby repealed from and after the first day of October next," was, probably, effective in repealing L. 1790, ch. 22.

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Lands set apart for public uses, N. Y. City.

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The preamble of this act recites that Fort George and the battery adjacent thereto are at present useless for defense. The act provides that certain lands belonging to the people of the State, described by metes and bounds (being at the lower end of Broadway) shall be forever reserved for the purpose of erecting public buildings and such works of defense as the Legislature shall from time to time direct, and "That the same shall not at any time or times hereafter be sold or appropriated to or for any private use or purpose whatsoever." The act further provides that certain other lands, described by metes and bounds (contiguous to the first above described parcel), "are hereby vested in the mayor, aldermen and commonalty of the city of New York for the purpose of erecting public buildings and works of defense thereon; but without any power to dispose thereof for any other use or purpose whatsoever, and without any power of selling any part thereof." The act further provides that the city of New York may cause the said Fort George to be demolished, and the ground whereon the said fort stands to be leveled, and also to cause a bulk head to be erected from the end of the bulk head lately erected by them, continuing the same to the south west bastion of the battery aforesaid; and to sell and dispose of the buildings and materials of the said fort, and to apply the monies arising therefrom towards erecting the bulk head aforesaid." The act further provides for the erection, on some part of the lands in the first enacting clause in this act mentioned, for the use of the government of this state; and to be applied to the temporary use and accommodation of the president of the United States of America, during such time as the congress of the United States shall hold their sessions in the city of New York." This act was supplemented by L. 1790, ch. 50, authorizing the levy of a tax of not exceed ing £5,000 for the purpose of erecting the bulk head provided for in L. 1790, ch. 25, § 3.

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1790 27 2,3..... Courts, terms of common pleas and general sessions, Queens

1790

Co. and Westchester Co.

This act appoints times and places for terms of the said courts. L. 1801, ch. 110, § 9, prescribes the terms of these courts, and L. 1801, ch. 193, constructively repealed former acts relating to the subject of L. 1790, ch. 27, §§ 2, 3.

37 all...... Bridge across Harlem river.

This act authorizes Lewis Morris, his heirs or assigns, to build a bridge across the Harlem river, from Harlem to Morrisania; prescribes the dimensions and specifications for the bridge; fixes the rates of toll; prohibits other bridges and ferries; provides for laying out of approaches to the bridge; provides for the condemnation of lands for the approaches; provides for defraying the cost of approach, and for the commissioners' compensation. The period of sixty years is prescribed as the limitation to the right to maintain the bridge. This act was affected by L. 1795, ch. 31, the preamble of which recites

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that Lewis Morris had assigned his rights to John B. Coles and that Coles proposed to raise a dam of stone for the purpose of erecting mills thereon and to be the foundation of the bridge. This act authorizes the erection of the dam; provides for the construction of a lock therein; damages for overflowed lands; penalty for neglect to maintain lock; width of bridge; security to the State that bridge will be completed within four years and for the proper repair of the bridge for sixty years. The act further provided that at the expiration of sixty years the bridge should vest in and become the property of the people of the State. It was further provided that at the end of sixty years the said Coles, his heirs and assigns, should hold and enjoy forever the use of the water impounded by the dam, provided the lock was kept in repair and properly attended. The road leading from the bridge was not completed by the commissioners and by L. 1797, ch. 63, it was made lawful for Coles to clear and open the road, and maintain it as a toll road for thirty years. By L. 1798, ch. 76, the period was increased to sixty years. The parent act was further affected by L. 1808, ch. 71, which incorporated the Harlem Bridge Company. The incorporators had become the proprietors of the bridge, and the incorporation by the last cited act continued the bridge rights in the bridge company for a period of sixty years from 31 March, 1798. Toll rates, provisions for exercising the corporate right and penalties are provided for in the incorporation. It was further enacted that during the continuance of the corporation it should be unlawful for any person to erect any bridge from Harlem across Harlem river to Morrisania. The incorporation act repealed section 2 of the parent act of 1790, ch. 37, which prohibited the building of another bridge, or the maintenance of a ferry from Harlem to Morrisania. This bridge was made a free bridge by L. 1857, ch. 774. 50 all...... Tax to raise not exceeding £5,000, N. Y. City.

This act authorizes the levy of a tax of not exceeding £5,000 for the purpose of constructing the bulkhead provided for by L. 1790, ch. 25.

54 1,2..... Weigh-house lot and certain lots on Wall street and the Bowery, sale at public vendue, N. Y. City.

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This act authorized the sale by the state treasurer of a lot in the south ward, formerly called the Weigh-house lot, a lot on the northeast side of Wall street, and certain lots on the Bowery in the out ward, formerly the property of Abraham DePeyster, deceased. The sale was directed to be made at public vendue; that the deeds for conveying the property sold should be without covenants or warranty, and that the deeds should be sufficient against the people of the State and all persons claiming under them against the heirs and assigns of the said Abraham De Peyster and all persons claiming under them. Richmond Co., common pleas and general sessions, January term abolished.

Obsolete.

Morrisania town annexed to Westchester town, Westchester
Co.

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