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1684, October 30th. “ A Continued Bill for defraying the Requisite Charges of the Govern
ment." “ THE Representatives for his Royall Highnesse province of New Yorke, convened in General Assembly, * * * give and grant unto his said Royall Highnesse, (the Duke of Yorke) and his heires the dutyes and Customes hereafter Specified, That is to say, ffor Every Gallon of Rum, brandy and distilled Liquors that shall be Imported into the province and Dependencyes the Sume of four pence, Curant money of this province And for Every pipe of Madera, flyall, St. George, Canary, Malaga, Sherry and all Sweet Wines the Sume of forty shillings Currant aforesaid And for Every hogshead of Redd, White and Renish wines the sume of twenty shillings Currant money aforesaid * * * And alsoe for every Gallon of Rum, brandy, and stilled Liquors the Sume of four pence Currant money aforesaid That shall be carryed up Hudsons River in any vessell, Sloope boat Cannoe or in any other way.
"And further wee the Representatives by the advice assent and authority aforsaid doe give and grant unto his said Royal Highnesse and his heires for the Causes and Consideracons aforesaid an Excise upon all Liquors (Beer and Sider only Excepted) retailed in this Citty and County of New Yorke under five Gallons, the sume of twelve pence Currant money aforesaid for Each Gallon soe retailed; and alsoe that an Excise of twelve pence Currant money aforesaid be imposed and levyed upon Each Gallon of Liquors carryed up Hudsons river in any vessell, boate Cannoe and any other wayes wine beer and Syder Excepted, and there consumed or sold And alsoe an Excise of twelve pence upon every gallon of Liquors retailed throughout the whole province and dependencyes (beer and Sider only Excepted).” * * * And alsoe that all bear and Syder retailed throughout the province and dependencyes shall pay six Shillings for each Barrel soe retailed. And further it is to be understood that all bear and Syder that is sold to the Indians is to pay six Shillings per Barrell as if retailed throughout the province and dependencyes 91d all small beer to be retailed by speciall Lycence, and Security, they shall draw noe Strong Beer without payment of the Excise and the small beer without Excise.
* * * " And alsoe for the due and Orderly Collecon of the Excise above Expressed It is hereby Ordered and Enacted by the Authority aforesaid That all retailers of wine Rum brandy and strong Liquors within this province shall upon their purchase or receipt of all such Liquor or Liquors before Expressed and Exciseable come to the office of Excise and there make Entry of all Such Liquor or Liquors as they shall buy and receive and pay such dutyes as are hereby authorized And upon default hereof all Such Liquors as shall be found in any retaliers house within this province or Dependencyes as have not beene duely Entred and paid the rates above Expressed; that then in such Case upon the Testimony of two Evidences appearing before any justice of the peace within thls province and Dependencyes he shall issue out his Warrant for Seizure and Condemning of all Such Liquors And alsoe the person soe offending shall forfeit three times the value of the said Liquors, one third to his Royal Highnesse, one third to the Governour and one third to the Informer, And also all persons That Shall carry any Liquors up Hudsons River shall soe soone as they sell such Liquors give notice to the Excise office of all such parcell or parcells soe sold and pay Such dutyes as are hereby Iustablished under the penalty aforesaid provided Alwayes and it is bereby understood that there shall noe duty be paid nor forfeiture upon any goods or merchandizes that are not Landed within this province or imediately transported again without being Sold in this province and Dependencyes provided alsoe That all Masters or Comanders of shipps sloopes boates or any other vessells belonging to this province or its Dependencyes shall repair to the Custome house or other place or places that shall be appointed for that purpose And there Enter into bonds of an hundred pounds That they shall not directly or indirectly take on board and Carry away
out of this province any of the aforesaid goods and merchandizes without paying such Rates and Dutyes as are before Expressed.
“ PROVIDED alwayes that all merchants qualifyed to trade by the Acts of Navigacon and regulateing the plantacon trade comeing into this province or any parts thereof be well and Honestly treated and demanded for such things as by this Act is granted without Oppression to be done to them paying the Dutyes aforesaid.
“ PROVIDED That noe retailers of Liquors under five Gallons or any that sell any Liquor or Strong Liquors shall take any such Liquors into their houses or Sellars in New Yorke and Albany but by the hands of the sworne porters under the penaltyes aforesaid”.
1684, October 23d.
“A Bill Concerning Brewers." “Bee It Enacted, By this Generall Assembly & the Authority of the Same that noe person whatsoever shall undertake the Calling or work of Brewing Bear for Sale; but only Such as are known to have Sufficient Skill or knowledge in the art or Mistry of a Brewer; and If any Master of a Shipp or Vessell or any other person whatsoever shall purchase or buy any Bear of any Brewer within this Government; which Bear Shall prove unwholesome and Useless for their Suply either through the Insufficiency of the mault or brewing, or bad Cask; the person wronged thereby Shall be and Is Inabled by Vertue of this Act to maintain an Action against the person or persons from whome the said Bear was Received; and to Recover his Just damages."
1685, November 3d.
“A Bill against Sabbath breaking.” “fforasmuch as there is nothing more acceptable to God than the true and Sincere service and Worshipp of him according to his holy will And that the holy keeping of the Lord's day is a principall part of the true Service of God which in very many places of this province hath been and now is r'fained and neglected by unlawfull travelling or Journying upon the Day aforesaid by shooting horsehunting and horseracing riding on steeds unnecessary hunting and tipling in Alehouses taverns & other publick houses and other unlawfull Exercises and pastimes alsoe Exercising wordly labour bussinesse or worke of Ordinary callings Except works of necessity and Charity or other Extraordinary Occasions to be allowed by Some Justice of the peace on the Lords day Bee it Enacted by the Governour Councell and Rep'sentatives in Generall assembly mett and assembled and by the authority of the Same That whatsoever P'son or P'sons shall be Convicted of any the aforesaid Sabbath breakes before any one Justice of the peace or Constable in his absence of any towne by Vieu Confession or proofe of one or more Sufficient witnesses Every Such person soe offending shall for Eevery such Offence forfeit and pay the summe of Six shillings and Eight pence to the use of Such towne or place where Such offence shall
lings & Eight pence for Every Such Offence the Same to be levyed by a Warrant from any Justice of the peace of the place where such Offence shall be Comitted or the goods and Chattels of such Offender And for Want of such goods or Chattles the party offending to be Committed to the Stocks by the Constable for the space of two houres for Every Such Offence Provided Alwayes That noe person shall be prosecuted upon this Act unlesse within tenne dayes space after the offence committed.”
1685, November 3d.
“ A Bill against Drunkennesse." " Whereas the Loathsome and Odious Sinne of Drunkennesse is growne into Comon use within this province being the root and foundation of many other Enormous Sinnes as bloodshed stabbing murther swearing fornication and Adultery and such like to the Great Dishonour of God and of this province Bee it therefore Enacted by the Governour Councell and Rep'sentatives in Generall Assembly mett and Assembled and by the Authority of the Same that all and Every person and persons who shall be drunke and of the same Offence of Drunkennesse shall be Lawfully Convicted shall for Every Such Offence forfeit and pay five shillings Cur't money of this province to be paid within One Weeke & after his or her or their Conviccon thereof to the hands of the Constable of that towne Citty or Village Where the Offence aforesaid shall be Committed for the use of the poore of Such Said place such Conviccon to be made by the Confession of the party or oath of one Credible Witnesse And if the said person or persons so Convicted shall refuse or neglect to pay the said forfeiture as aforesaid then the Same Shall be from time to time levyed of the Goods of Every Such person or persons soe refusing or neglecting to pay the Same by Warrant from any one or more Justices of the peace of the Said Citty towne or Village before whom the said Conviccon shall be And if the Offender or Offenders shall not be able to pay the Said Sume of five shillings Then the Offender or Offenders for Every such Offence shall be Comitted to the Stocks for the space of six houres by the Constable of such Citty towne or Village."
1686. The Dongan Charter for New York City The commission of King James the Second under the Great Seal to Thomas Dongan, as Captain General and Governor in Chief of the Province of New York was dated June 10, 1686.
The Instructions to Governor Dongan were dated May 29th, 1686. They declared that “ a Bill or charter passed in ye late Assembly of New York, containing several ffranchises, Privileges and Immunities” should “Bee forthwith repealed and dissallowed as ye same is hereby Repealed determined and made void” * * *
“ 13. And our further will and pleasure is that all other Laws Statutes & Ordinances already made within Our said Province of New York shall continue and Bee in full force and vigour soe far as they doe not in anywise contradict impeach or derogate from this Commission or the orders and Instructions herewith given you, till you shall, with the advice of our Council pass other Laws in our Name for the good government of our Province, which you are to doe with all convenient speed"
The Instructions further directed that of all new Statutes and Ordinances which should be passed, copies should be transmitted “us & our Committee ffor Trade and fforeign Plantations."
“And if any laws Statutes & ordinances made & Enacted by you & our council or our Governor & Council of New Yorke for ye time being, shall at any time be disallowed & not approved and soe signified by us our Heirs or Successors under our or their Signe Manuel or Signete or by Order of Our or their Privy council, unto you ye said Tho: Dongan or to our Governour or Commander in chiefs of our said Territorys for ye time being; Then Sach and soe many of them as shall be so disallowed & not approved shall from thence forth cease & become void.”
Under these instructions and this commission, the First English, or the Dongan Charter was granted to the city which was recognized in said charter as an ancient city and corporation. This document declared as follows:
“Know ye, therefore, that I the said Thomas Dongan, by virtue of the Comicon and Authority unto me Given and Power in me Resideing, at the humble Peticon of the now Mayor Aldemen and Commonalty of the said City of New Yorke * * * on behalf of his most sacred Majesty aforsaid, his Heires, Successors and Assigns Doe Give, Grant, Ratify and Confirm unto the said Jayor, Aldermen and commonalty of the said city," the “ franchises, rights, Royalties, fîree Customes, Jurisdiceons and Immuns. ties," in said charter contained.
Among the rights granted by said charter were the following:
"AND further I Doe Grant and Confirme for and on the behalfe of his most Sacred Majesty aforesaid his Heires and Successors that the said Mayor of the said Citty for the time being and noe other (according to the usage and Custome Practised in the said Citty of New Yorke in the times of my Predecessors the Severall Lievtenants Governours and Commanders in Cheife of this Province shall have Power and Authority to give and Grant Lycences Annually under the Publique Seale of the said Citty to all Tavern keepers Inkeepers Ordinary keepers Victuallers and all Publique Sellers of Wine Strong waters Sider Beer or any other Sort of Liquors by Retaile within the Citty aforesaid Manhatan Island or the Libertyes and Precincts thereof AND that it shall and may be Lawfull to and for the said Mayor of the said Citty for the time being to aske Demand and Receive for such Lycence by him to be Given and Granted as afores d such Sume or Sumes of Mony as he and the Person to whom such Lycence shall be Given or Granted shall agree for not exceeding the Sume of thirty Shillings for each Lycence ALL which Mony as by the said Mayor shall be Soe Received shall be used and Applyed to the Publique use of the said Mayor Aldermen and Commonalty of the said Citty of New Yorke and their Successors without any Account thereof to be Rendred made or Done to any of the Leivtenants or Governours of this Province for the time being or any of their Deputyes"
1686, July 22d. The Dongan Charter of the city of Albany is in the office of the Secretary of State at Albany. It is dated July 22, 1686.
It contains the following excise provisions:
THOMAS DONGAN Lievt. and Governour of the Province of New Yorke and Dependencyes in America under his most Sacred Majesty JAMES the Second by the Grace of God of England, Scottland, ffrance and Ireland King Defender of the faith &c and Supream Lord and Proprietor of the said Province of New York and its Dependencyes TO all Persons to whom these Presents shall or may come or in any wise Concerne SENDETH GREETING WHERAS the Towne of Albany is an Antient Towne within the said Province And further I Grant and Confirme for his said Majesty his Heires and Successors that the said Mayor of the said Citty for the time being and no other shall have Power and Authority to Give and Grant Lycenses Annually under the Publick Seale of the said Citty to all Tavernekeepers Innkeepers Ordinary keepers Victuallers and all Publick Sellers of Wine Strong waters Sider Beere or any other Sort of Liquors by Retaile within the Citty aforesaid or the Libertyes and Precints thereof or without the same in any Part of the said County and that it shall and may be Lawfull to and for the said Mayor of the said Citty for the time being to Ask Demand & Receive for each Lycence by him to be Given and Granted as aforesaid Such Sume or Sumes of Mony as hee and the Person to whom such Lycence shall be Given or Granted shall Agree for not exceeding the Sume of thirty Shillings Currtt mony of this Country for each Lycence all which mony as by the said Mayor Shall bee so Received shall bee used and Applved to the Publick use of the said Mayor Aldermen and Comonalty of the said Citty of Albany without any Account thereof to be Rendred made or Don to his said Majesty his Heirs Successors or Assignes or any of his Leivtenants or Governors of the said Province for the time being or any of their Deputyes * AND that the said Mayor of the said Citty for the time being & no other P'son or Persons shall or may Assize or Assay of Bread Wine Beere and
Wood and other things to the Office of Clerke of the Markett belonging or Concerning as well in the Presence as in the Absence of his said Majesty his Heires & Successors or his or their Lievtenants or Governo's here * * * IN wittnesse whereof I have to these p’sents sett my Hand and thereto have Affixed the Seale of the said Province and Caused the Same to be Enrolled in the Secretaryes Office of the said Province this two & twentyeth Day of July in the Second Year of his said Majestyes Reigne and in the Yeare of our Lord 1686.
1691, May 13th. “ An Act to Enable the Citty & County of Albany to Defray their neces
sary Charge." After setting out in the preamble the expenses imposed upon Albany by the Incursions of the French, the act continues: “BE IT THEREFORE ENACTED by the Governour & Councill & Representatives Convened in Generall Assembly AND IT IS HEREBY ENACTED by the authority of the same that the Imposition or rate of two pr cent shall be raised & Levyed upon all Indian Goods that are brought up to that City & County of Albany and there solde & Consumed and also that the Impost of three pence be Raised & Levied upon each Gallon of Rum that is sold & Consumed within that Citty & county."
1691, May 16th. “ An Act for the Establishing a Revenue for the Defraying the Publick
Charges of the Province." “For the better Defraying of the publique & necessary Charges and expences of this Province which cannot Otherwise be effected, without great charge unto their Majestyes BE IT ENACTED * * * that the Dutyes, Customes and Excise hereafter specifyed Bee given and granted unto their said Majestyes to the Intent aforesaid That is to say for every gallon of Rum brandy & distilled Liquors that shall be Imported into this Province and Dependencyes the sum of four Pence Currant money of this Province. AND for every pipe of Madera Wine Fyall, St. Georges, Canary, Malago, Sherry and all Sweet Wines the sume of Forty shillings Currant Money aforesaid, and for every hogshead of White Red & Rhenish Wines the sume of Twenty shillings Currant money aforesaid
“ And also for every gallon of Rum which shall hereafter be Carryed up hudsons River as aforesaid four Pence AND be it further ENACTED by the Authority aforesaid that there be given and granted and there is hereby given and granted unto them for the use aforesaid, an Excise upon all Brandy Rum, and other Distilled Liquors to be retailed within this Province under fifteen gallons the Sume of twelve pence Currant money aforesaid for each gallon soe Retailed, And alsoe an Excise of twelve pence Currant money aforesaid on each gallon of Wine under the quantity of five gallons soe Retayled as aforesaid, And alsoe that all beer and syder retayled throughout this Province & Dependencyes shall pay six shillings for each barrell soe Retayled.
"BE IT HEREBY FURTHER ENACTED by the Authority aforesaid that all Retaylers of Wine, Rum, Brandy or any other strong Liquor within this Province shall upon the purchase and Receipt of all such Liquor or Liquors before Expressed and Exciseable, Come to the Office or Officer of the Excise and There or with him make entry of all such Liquor or Liquors as they shall buy, and Receive and pay such Dutyes as are hereby appointed