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able upon Merchandizes, Goods, furrs, and Liquors, shall be Levy'd, Collected and paid unto her most Excel Ma’ty for and during the Term of three Years next after the Expiracon of the Term Limitted in a Certain Act of General Assembly, made in the Eleventh Year of the late King William the third, Entituled, an Act for granting unto his Ma'ty Several Duties for the defraying the publick Charge of the Government, after the time Limitted in an Act, Entituled, an Act Confirming and Continuing unto their Ma'tys the Revenue Established by an Act of Generall Assembly for Defraying the publick and necessary Charge of the Goverment, is Expired, According to such Rules and Direccons, and under Such pains, penalties and fforfeitures, as is Expressed, Contained and Enjoyned in the said Act, or any of the Acts of Assembly for Establishing or Continuing a Revenue upon her Ma’tys Predecessors, for the Defaying the publick and necessary Charge of the Government; and the aforesaid Act; and every Article, Rule and Clause therein menconed, shalbe abide and remain in full force and Effect to all Intents and purposes, during the said Term of three years, that is to say, from the Eighteenth day of May, which wilbe in the year of our Lord One thousand Seaven hundred and Six untill the Eighteenth Day of May, which will be in the year of our Lord One thousand Seaven hundred and Nine, as fully, and in like Manner as if the Same were particularly and at large Recited and Set Downe in the body of this Act, any thing to the Contrary hereof in any wayes notwithstanding."
1703, June 19th. “ An Act for Prohibiting the Distilling of Rum and burning of Oysters
Oyster shells or stone into Lime within the City of New york or
within half a miles Distance of the City Hall of the said City." “WHEREAS the Distilling of Rum, molasses, and other Such like Liquors as also the Burning of Oysters, Oyster shells and Stone into Lime within the city of New York hath been very Offensive and unwholesome to the inhabitants thereof, and is now become a Comon Nusance amongst them, for the prevention whereof, Be it Enacted by the Governour Council and Representatives of this Province, in General Assembly Conven'd and by the Authority of the same, That from and after the Publication of this Act no person or persons whatsoever, shall presume to distill any Rum, Molosses or other Such like Liquors, or to burn any Oysters Oyster shells, or Stone into Lime in any House shedd, or other place or places within the City of New York aforesaid, or within the distance of half a Mile from the City Hall of the said City, upon any accompt or pretence whatsoever, And that every person and persons, that from and after the time set and Limitted aforesaid, shall presume to offend in any of the particulars aforesaid shall forfeit and pay, for every time he she or they shall be so found offending, the Sum of ffive pounds Currant money of this Colony, The said respective Forfeitures, after the same shall accrew, to be Sued for and Recovered, by Action Bill, Plaint or Informacon in the Supreme Court of Judicature for the Colony aforesaid by any person or persons that will Informe or sue for the same, one moiety of the fforfeitures aforesaid, to be to the Informer him or her that Sues for the Same, the other Moiety thereof to be to the Corporation of the City of New York for the use & benefitt of the poor of the said City and no Essoin, protection, wager of Law or Imparlance to be allowed in any Suite or Action aforesaid. PROVIDED always that no Suite or Action shall be brought or Comenced for any the forfeitures aforesaid but within Seven months after the Offence committed, and not otherwise. And if any Slave Labourer or other Servant cr hireling shall be guilty of the breach of this Act in any the particulars therein named and become liable to any the fforfeitures aforesaid That then and in Such Case the Master, Mistresse, owner, hirer or Imployer of such slave or servant so guilty as aforesaid, respectively shall pay the said fforfeitures, for such slave Servant or hireling aforesaid, &
shall be lyable to such Suite & Action for the same as aforesaid any thing herein Conteined to ye Contrary thereof in any wise notwithstanding.
“ Provided also that this Act shall have Continuance for the terme and Space of Seven years or to the end of the next Session of the Generall Assembly of this Colony."
1703, June 19th. “ A Bill for raising fifteen hundred pounds toward Erecting two Batteries at the Narrows, or passage between Staten and Long Island."
“ WHEREAS the said passage called the Narrows, * * * if the same were fortified and made defenceable would be a great security not only to said City but to a great part of this and the Neighbouring Colonies
“ Be it Enacted * * that for the purpose and end aforesaid there is hereby Granted and shall be Laid, and Levyed and paid the Sum of three pence on each Gallon of Distilled Liquors, that is or shall be Distilled from any matter or thing Soever (Grain of the Growth of the Colony only Excepted) during the Space and Term of one whole year from the Publicacon of this Act.
“ And for the Better Levying and Receiving of the said Duty of three pence per Gallon on all Distilled Liquors, as aforesaid, Be it Enacted by the Authority aforesaid, That all Distillers of Strong Liquors within this Colony shall weekely make true Entry wth the Collector of that Town, Ward or Precinct, in or under which they Live, of all strong Liquors Distilled or made fit for sale in that week respectively, and pay and Cleare the Duty and Excise thereof forthwith, upon pain of forfeiture of Twenty pounds for every week they or any of them shall neglect to make such Entry, or pay the Duty & Excise hereby Granted and appointed, to be Levyed by distress and sale of the Offendors Goods and Chattels, rendring the overplus to the owner, The Charge of the Distress and Sale first being Deducted, which said forfeiture shall be disposed and applyed also towards the erecting the Batteries aforesaid. *
“ Provided also, That if any of the distilled Liquors Chargeable in this Act and which shall have paid the Duties aforesaid, shall at any time before the end and expiration of this act, be Exported out of this Colony, the person or persons so Exporting the Same, shall receive from the said Commissioners for managing the office of Collector and Receiver Generall of this province, or the Collector and Receiver General of this province for the time being, the Sum of One Penny half penny p Gallon for each Gallon so Exported, upon Proof made upon Oath that the said Distilled Liquors are the Same wch have paid the Duty aforesaid, and that such Liquors have been Landed in some other Plantacon Territory or Colony, which Oath the said Commissioners for managing the office of Collector and Receiver General of this province, or the Collector and Receiver Generall for the time being, is hereby required and Authorized to Administer.”
1708, September 18th.
“ An Act for Suppressing of Immorality." “Whereas Prophainness and Immorality have too much abounded within this Colony to ye Shame of Christianity, and the great grief of all good and Sober men, for the Suppressing whereof for the future. Be it Enacted by the Governour Council and Assembly now met and assembled, and by the Authority of the Same, that all Christians whatsoever within this Province, who shall be Convicted of Drunkenness, Cursing or Swearing by the Information of Every Constable within their Respective precincts, or of any other person whatsoever before any one of her Majesties Justices of the Peace of the City or County where such fact is Committed, by the Confession of the Offender, or the Oath or Attestation of one Credible Witness (which every Justice of the Peace is hereby Authorized to Administer) every person so Convicted Shall be fined by the said Justice of the Peace for Drunkenness Cursing or Swearing, in the Sum of three Shillings money of the Province of New York for each offence, all which fines to be Immediately Levyed upon the offenders Goods and Chattles by the Constable aforesd by warrant from the said Justice of the Peace, and for want of Effects to make such Distress the said Constable by Warrant from the said Justice of the Peace,shall Commit the offender to the Stocks for the Space of four hours, for Drunkenness, and two hours for Cursing or Swearing And each Distress so made as above said to be by the said Constable Sold at a public Out Cry (unless Redeemed by paying the fine within three days) and after full payment of Said fine the Overplus if any be, shall be returned to the owner; and all such fines to be by the Constables aforesaid Immediately paid to the Overseers for the Poor of the s'd City or County where such fact is Committed for the use of the Poor of that City or County for all which fines the Overseers of the poor Shall be Accountable Yearly to the Justices in their General Quarter Sessions of the Peace And every Negro, Indian or other Slaves: That shall be found gillty of any of the abovesaid facts or talke Impudently to any Christian Shall Suffer So many Stripes at some publick place as the Justice of the Peace in such place where such offence is Committed Shall think fit: not exceeding forty Any Law Custome or usage to the Contrary hereof in any ways not withstanding."
1709, May 24th. “ An Act to prevent Selling or giveing of Rumm or other Strong
Liquors to the Indians in the County of Albany." “WHEREAS it hath been found by Experience that the Selling or giveing rum to the Indians hath been very Prejudicial in time of Warr & other Services for Preventing the like for the future Be it Enacted by ye Lieut Govr Councill and Genll Assembly & by the authority of the Same that if any Person or Persons wtsoever wthin the County of Albany shall from and after the first day of June & before the first day of September next give Sell or other ways dispose of any Rum Brandy Spirritts Wine beer Ale Syder or any other strong liquors wtsoever to any Indian or Indians wthin ye County being thereof Convicted by the oath of any one Christian or affermation of one Indian before ye Mayor or recordr of Albany or any two Justices of the Peace of sd Town'or County of Albany shall for every such offence forfeit the Sum of three Pounds one half thereof for the use of the Informer & the other half to the use of the Corporation of Albany to be Levy'd by distress & seal of the offenders goods by warrt undr ye Hand & Seal of the Person or Persons before whom such Conviction was & where such destress can not be made yt then the Person or Persons so offending shall by the sd Mayor Recordr or Justices be Comunitted to Prison & Closely confined for ye space of Twenty days & be it further Enacted by the authority aforesd yt it shall & may be lawfull for ye sd Mayor Recordr or any two Justices of the Peace of the Town or County of Albany who shall Suspect any Person or Persons whatsoever to have offended Contrary to ye Intentions of this Act, to send for him Her or them so Suspected & to tendr unto such Person or Persons on oath whether he She or they hath Sold given or other ways disposed of any of ye liquors before mentioned to an Indian or Indians wthin ye sd County of Albany between ye sd first day of June & ye sd first day of Septembr & such Person or Persons not appearing being duly Summond or Confessing upon ye sd oath or refuseing to take ye same shall be thereby Convicted of ye offence & be subject to & Suffer ye same paines & Penalty as if the same had been prooved by oath or affirmation as before mentioned provided yt nothing in this Act Conteined shall be esteem'd or Constructed to Extend to Prohibittor debar the Commissioners for manageing the Indian affairs any Justice of ye Peace or Commissione officer of the degree of a Capt for giveing or permitting to be given to any Indian or Indians a small quantity of rum or other Strong liquor for their refreshmt Any thing Contained in this Act in any ways notwithstanding."
1709, June 8th. “ AN ACT for Laying an Excise on all Liquors Retailed in this Colony."
"Be it Enacted by the Lieut Govr Council and General Assembly and by the Authority of the same, That there shall be rais'd, Levy'd Collected & paid, unto Her Ma'ty, Her Heirs & Successors from the publicon hereof, untill the first day of June in the Year of our Lord Seventeen hundred & Ten, for and towards the Support of the Government, an Excise upon all Liquors, retail'd thro' out this Colony, under the Quantity of Five Gallons, To witt, The Sum of Twelve pence, Current money of this Colony for each Gallon so retail'd (Beer and Syder only Excepted) and like wise the Sum of Six Shilings for every Barrel of Beer and Syder.
“And be it further Enacted by the Authority aforesaid, That the Mayor & Aldermen of the City of New York the Mayor & Aldermen and Justices of the Peace of the City & County of Albany, & the Justices of the Peace of the other Counties within this Colony, to which they belong, or the Major part of them are hereby required, Authoriz'd & Impowered to lett to Farme the said Excise, in their respective Cities and Counties by publick Outcry Auction or Vendue, & each City & every Town in the said Counties to be lett by the Mayor, Aldermen and Justices of Peace, respectively in wch they Reside to the highest bidder, they giving notice thereof by advertisement, to be Sett up in Writing in the most public places in the Cities Towns and Counties, Ten days before ye time it is to be lett, Signifying, that at Such times & places the Excise of Such Cities & Countes or Towns in the said Counties are to be let to the highest bidder.
“And be it further Enacted, by the same Authority that if it shall so happen that none shall appear to bid for the aforesaid Excise, in any of the Cities, Towns, or Counties, on the dayes appointed, on which they are to be let, That then it shall & may be Lawfull for the said Mayors and Aldermen and Justices of the Peace as aforesaid to Let to Farm the aforesaid Excise, at any other times as they shall appoint, and the said Mayors, Aldermen & Justices of the Peace as aforesaid, are hereby required to take good Securities by Recognizance with Sufficient Sureties of all and every person and persons that Shall farme the Excise as aforesaid, with Condition, that they pay the same Quarterly, by equal and even payments, into the hands of Colonel Abraham DePeyster Treasurer of this Colony, who is hereby appointed to receive the same.
“ AND be it further Enacted by the Authority aforesaid, That if any or either of the said Mayors, Aldermen or Justices of Peace as aforesaid, shall neglect deny or Refuse to let to Farme the aforesaid Excise in manner abovesaid or to put this Act in Execution so far as they are requir'd and Impower'd according to the true Intent & meaning hereof, That then he or they so offending shall each of them respectively forfeit unto Her Ma'ty Her Heires & Successors, the full and Just Sum of Twenty pounds Current money of New York to be recovered in any of her Ma'tys Courts within this Colony by any person or persons who will and shall Inform and Sue for the Same, by Action of Debt or Information, the one half of which forfeitures to be Her Ma'ty Her Heires and Successors, to be paid into the said Treasurer and apply'd towards the Support of this Government & the other half to the Informer.
“ And be it further Enacted by the Authority aforesaid that where there shall be no Farmer of the Excise in Manner before express'd, the Mayors & Aldermen & Justices of the Peace, of the severall Cities & Counties respectively shall and may either agree with the Retailers whom they
respectively shall Lycence at the least for the highest of such Sum or Sums by the Year as Such Retailer or Retailers at any time formerly hath or have paid to be paid into the Treasurer Quarterly as aforesaid, or other wise make Such Retailer or Retailers enter into Recognizance with Sufficient Sureties for the true & due payment of the Excise, herein before appointed to be paid and granted according to the true meaning hereof.
"And for the due and orderly Collecting the Excise hereby given & granted, Be it further Enacted by the Authority aforesaid That all retailers of Strong Liquors within this Colony, shall upon the receipt of all such Liquors before Express'd and Exciseable come to the Farmer of the Excise in each Town, City and County where Such Retailer shall dwell and make entry of all Such Liquor or Liquors as they shall buy or receive, and pay Such Duties as are hereby appointed within Twenty Four hours, or at such Convenient time as the Farmer of Excise shall appoint, and on Default thereof, all such Liquors as shall be found in any Retailers house or Warehouse; Cellar, or other place belonging unto him or her within this Colony and have not been duely entred and paid the Duties of Excise, as aforsaid, then and in such Case upon Conviction by Oath, of one or more Credible Witness, before any justice of the Peace within this Colony, the said Retailer or Retailers, so offending in the premises, shall forfeit all Such Liquors and three times the value thereof, the one Moiety to her Ma'ty, Her Heires and Successors, to be paid to the Treasurer of this Colony for the time being for and to be apply'd toward the Support of this Government, and the other half to the Farmer that will Sue for the Same, before any Justice of the Peace in this Colony, who is and every of them, are hereby requir'd and Impower'd Summarily and at his discretion, Solely to hear and Determine the same, and to Issue his Warrant for Seizing all such Liquors to be forfeited as aforesaid and for comitting to the Comon Jaile all such Retailers of Liquors, who have not entred and paid the Duties aforesaid, and shall be so Convict thereof, there to remain without Baile or Mainprize untill they shall Sattisfy and make payment, of three times the Value of Such Liquors Seized & forfeited as aforesaid, as also for the Arresting, and causing to be brought before him any person or persons inform’d against, for retailing without Lycence Provided, that he her or they have Liberty to Appeal, to the next Sessions of the Peace giving Sufficient Security to answer the Same.
“ And be it further Enacted by the Authority aforesaid, Thatif any person or persons within this Colony, not being duely Lycenc'd shall either by Land or by Water, at any time presume to Sell by Retail any Strong Liquors, that is to say any quantity under five Gallons as aforesaid the person or persons so offending shall forfeit and pay the Sum of Ten pounds Current money aforesaid for every Such offence being thereof Convicted in manner aforesaid, to be Apply'd and paid as aforesaid.
“And be it also Enacted by the same Authority, and it is the true Intent & meaning of this Act, That no retailers of Liquors under five Gallons, or any other, that shall sell any Strong Liquors shall receive any such into their Houses, Cellars or Warehouses or into any other place in the Citys of New York and Albany, but by the hands of the Sworn Porters under the penalty aforesaid, to be recovered for the uses aforesaid, in manner & forme aforesaid, to the intent the said Porters shall so often as there unto requir'd, by the Farmer or propper officer of Excise, give and render upon his or their Corporall Oaths, a true & Just Accot to the best of their knowledge of all such Liquors delivered by them to any such retailer under the penalty of being turn'd out of his place and Office.
“And whereas the Duty Granted to their Ma'tys King William & Queen Mary of happy and Glorious Memory arriseing by the Weigh house in the City of New York, expir'd by the Demise of their said Ma'tys, and nevertheless has been rec'd by Thomas Byerly Esqr and other Collectors in this Colony or those Excercising that Office. Be it Enacted by the Same authority that the Duty aforesaid untill the said first day of June, shall hereafter be paid into the Treasurer of this Colony, for the time being, & be apply'd towards defraying the Charg of this Government & the said Thomas Byerly Esqr & the other Collectors, & those who have Exeercis'd that Office, do accot to the present Treasurer, for the Sums of money by him & them