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receiv'd, arising from that Duty, who is hereby requir'd & authoris'd to demand, Sue for recover & receive the same.
“And be it further Enacted by the Authority aforesaid that no Retailer of Strong Liquors within this Colony shall sell any Strong Liquors whatsoever to any Negro, or Indian Slave under the penalty of Forty Shillings to be Recovered before any one of Her Ma'tys Justice of the Peace by him or her,
“ And further be it Enacted by the Authority aforesaid that ye said Treasurer shall pay out and apply the money by this Act to be rais'd in Such Manner & to Such uses only as by Act of Generall Assembly, hereafter to be made for that purpose shall be Limitted appointed and Express'd & not otherwise."
1709, October 11th. “ AN ACT for Reviving an Act for Encouraging of Seamen.” “BE it Enacted by the Leiut Govr Council and Assembly, and by the Authority of the same, That one Act of General Assembly, entituled, an Act for the Incouraging of Seamen made in the third Year of the Reign of the late King William of Glorious Memory being Expired, shall be and is hereby revived & to remain in full force for and during the Space and term of Two Years from the Publication hereof.
“ And be it further Enacted by the same Authority, That in case it shall so happen that any person or persons to defeat the Intention of the said Act shall make or take any Bond, Bill or Specialty whatsoever from any Seaman in trust, for the Use of any Tavern-keeper, Alehouse keeper or Victualler all and every such Bonds, Bills or other Specialtys shall be altogether void, null and of none Effect, any Custome, Usage or Law to the contrary hereof, notwithstanding, & any person or person making or taking any Such Bonds, Bills or other Specialtys shall and may by the Judges or Justices of any of Her Maties Courts of Justice be Examined on his her or their Corporall Oaths of and Concerning Such Trust and Use, and if the Party Examin'd shall refuse to discover the Same, Judgment shall be given as if such Trust & Use, were Confess'd and Legally prov'd.
“ And be it also Enacted, by the Authority aforesaid, That the said Act shall extend to all Tavernkeepers, Alehousekeepers and Victualers, in Queens County and Kings County, to all Intents as if they had been mentioned Express'd and nominated in the Body of the said Act."
1709, November 12th. “ An Act for Reviving an Act, entituled an Act to prevent Selling or
giving of Rum or other strong Liquors to the Indians in the County
of Albany." “ PRESENT necessity requiring, Be it Enacted by the Lieut Governr Council and Assembly, and it is hereby Enacted by the Authority of the same, That one Act entituled an Act to prevent Selling or giving of Rum or other Strong Liquors to the Indians in the County of Albany, made in the Eighth Year of the Reign of Her present Maty expired by its owne Lymittation shall be and is hereby Enacted by the Authority aforesaid to be of Force for and untill the first day of June next ensuing & no longer.
“And whereas Mr John Cuyler did Farme the Excise at Albany for one wholl Year upon the Seventh Day of July last for the Sum of One hundred thirty one Pounds at which time the Prohibition of Selling of Rum and other Strong Liquors to the Indians in the County of Albany, was Lymitted by an Act of General Assembly only for three months which Prohibition is now Reviv'd, whereby the said Cuyler will be a Looser, in regard the Indians Consum'd a great deal of Strong Liquor. Be it therefore Enacted
& it is hereby Enacted by the Authority aforesaid that what Damage the said John Cuyler shall sustain by this said Prohibition, shall at the Expiration of the Year be taken into Consideration by the General Assembly and allow him as they Shall think fitt and reasonable.”
1710, October 30th. “An Act for laying an Excise on all Strong Liquors Retailed in this
Colony." “ Be it Enacted by the Govr Council and General Assembly, and by the Authority of the same, That there shall be rais'd, Levied, Collected & paid unto Her Maty, Her Heires & Successors, from the Publication hereof, untill the first day of November in the Year of our Lord Seventeen hundred and Eleven, for and towards the Support of the Governm't, an Excise upon all Strong Liquors retail'd thro' this Colony, under the Quantity of five
of Civil, Pillar of Mexico plate, for each Gallon so retailed; & likewise, three quarters of an Ounce of the said plate 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 & Justices of the Peace of the City & County of Albany, & the Justices of Peace of the other Counties, within this Colony, to which they belong, or the Major part of them, for the time being, are hereby required, authorized & Impower'd to let to Farm the aforesaid Excise in their respective Cities & Counties, by publick out-cry, Auction or Vendue, to the highest bidder, or to the several Retailers of such Liquors, as the said Mayor and Aldermen, & Justices of the Peace respectively, in such manner as they in their discretions shall think fit, for the better advancement of the Duty and Excise hereby to be granted & Levy'd, within one Month after the publication hereof. And the said Mayors, Aldermen & Justices of the Peace, as aforesaid, are hereby requir'd to take good Securitys by Recognizances, with sufficient Sureties, of all & every person or persons that shall farme the Excise, aş aforesaid, with Condicon, that they pay the same quarterly, by equall & even payments, into the hands of the Treasurer of this Colony, for the time being, who is hereby appointed to receive the same; And also shall within two Months after the same Excise, or any part thereof, shalbe lett to Farme, or agreed for, Transmit to the Treasurer a true Account of the same respectively, with the Recognizances for the due payment thereof, according to the intent of this Act.
And be it further Enacted by the authority aforesaid, That if any or either of the said Mayors, Aldermen or Justices of the Peace, as aforesaid, shall neglect, deny or refuse to let to Farme the aforesaid Excise, in manner aforesaid, or to put this Act in Execution, so far as they are requir'd and Impower'd, according to the true Intent and meaning hereof, that then, he or they so offending shall each of them respectively forfeit unto Her Ma’ty, Her Heires & Successors, the full & Just Sum of Fifty pounds Current mony of New York, to be recovered in any of Her Ma'ties Courts within this Colony, by any person or person, who will & shall informe and sue for the same, by Action of Debt or Information, the One half of which Forfeitures to be to Her Ma'ty, Her Heires & Successors, to be paid into the Treasurer, & apply'd towards the Support of this Government, & the other half to the Informer.
" And be it further Enacted by the aforesaid, That where there shalbe no farmer of the Excise in manner before Expres'd, the Mayors, Aldermen & Justices of the peace of the Several Cities & Counties respectively, shall & may either agree with the retailers, whom they respectively shall Ly. cence, at the least for the highest of Such Sum or Sums by the Year, as such Retailer or Retailers at any time formerly had or have paid, to be paid into the Treasurer quarterly, as aforesaid, or otherwise make such Retailer or Retailers enter into Recognizance, with Sufficient Suretys, for the true
and due payment of the Excise hereinbefore appointed, to be paid and granted according to the true meaning hereof.
" And for the due & 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 all their receipt of all such Liquors before expres'd & Exciseable, come to the Farmer of the Excise (if any be) or to the Mayor, Aldermen or Justices of the Peace in each Town, City & County, where such Retailer shall dwell, & make entry of all, such Liquor or Liquors as they shall buy or receive, & pay such Duties, as are hereby appointed, within Twenty four hours, or at such Convenient time as the Farmer of Excise (if any be) or the Mayor, Aldermen or Justices of the Peace respectively, shall appoint, & on default thereof all such Liquors as shall be found in any Retailers house or Warehouse, Cellar or other place, belonging unto him, her or them within this Colony, & have not been duely entred and paid the Duties of Excise, as aforesaid, then & 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 premisses, shall forfeit all such Liquors, & three times the value thereof, the one Moiety to Her Maty, Her Heirs & Successors, to be paid to the Treasurer of this Colony, for the time being, for & to be apply'd towards the Support of this Governm't, & the other half to the person that will Sue for the same before any Justice of the peace in this Colony, who is & every of them are hereby requir'd & Impower'd Summarily, & at his discretion Solely to hear & determine the same, & to Issue his warrant for seizing all such Liquors to be forfeited, as aforesaid, & for Comitting to the Comon Jaile all such Retailers of Liquors who have not entred & paid the Duties aforesaid, & shall be so Convict thereof, there to remaine w'thout Baile or Mainprize, untill they shall Sattisfy & make paym't of three times the value of such Liquors Seiz'd & forfeited, as aforesaid, as also for the arresting & Causing to be brought before him, any person or persons inform'd against for retailing without Lycence, provided, He Her or they have Lyberty 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, That if 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 pay the sum of Ten pounds, Current money aforesaid, for every such offence, being thereof Convicted in manner aforesaid, to be apply'd & paid as aforesaid.
“And be it further Enacted by the same authority, & 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 Cities of New York & Albany, but by the hands of the Sworne Porters, under the penalty aforesaid, to be recovered for the uses & in manner & forme aforesaid, to the Intent the said Porters shall so often as thereunto requir'd by the Farmer, if any be, or proper Officer or Officers of Excise, give & render upon his or their Corporall Oaths, a true & Just Acco't 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 be it further Enacted by the authority aforesaid, that no Retailer of Strong Liquors within this Colony shall Sell any Strong Liquors to any Negro or Indian Slave under the penalty of Forty Shillings for every offence, to be recovered before any one of Her Ma'ties Justices of the peace, by him or her that shall sue for the Same, & to be apply'd as aforesaid.
“ And be it further Enacted by the authority aforesaid, That no person or persons enabled to sue for any [penalty, by vertue of this Act, shall Compound, remit or make any abatement of or for any of the) penalties herein menconed, but that the Same be prosecuted to effect, and paid and apply'd as hereinbefore Express'd.
"And be it also Enacted by the Authority aforesaid, That Lyon Dollars and half Dollars shalbe received & be of equall value to thirteen penny
weight & Eighteen Grains of Civill, Pillar & Mexico Plate, as aforesaid, for each Dollar, for the Duty hereby intended to be rais'd.
“And be it further Enacted by the Authority aforesaid, That the said Treasurer shall pay & apply the mony by this Act (to be rais'd in Such manner, & to Such uses only, as by Act) of General Assembly hereafter to be made for that purpose, shall be Lymitted and Express'd.
“And be it further Enacted by the same authority, That the Mayor & Aldermen of the Burrough Towne of West Chester are hereby Empowered & requir'd to lett to Farme the Excise in the said Burrough Towne, in the same manner, & under the same Regulations as the Mayor and Aldermen of the City of New York, or the Mayor & Aldermen of the City of Albany, are by this Act Empowered, directed & required to do."
1711, July 26th. “An Act for continuing an Act Entitled An Act for laying an Excise
on all Strong Liquors retailed in this Colony." “ BE IT Enacted by the Governour Council and Assembly and by the authority of the same, That one Act entituled An Act for laying an Excise on all strong Liquors retailed in this Colony made in the Ninth Year of the Reign of Her present Majesty and every Article and Clause therein Contained from and after the Expiration thereof shall be and Continue in force for the space of two Yeares, that is to say, from the first Day of November one thousand seven hundred and eleven to the first Day of November which will be in the Year of our Lord One thousand seven hundred and thirteen, to be lett the first Year on or before the first Day of October now next ensueing, and the Second or last Year at or before the first Day of October Anno Domini One thousand seven hundred and twelve."
1711, August 4th. “ An Act for Reviving an Act Entituled An Act to prevent Selling or
giving of Rum or other Strong liquors to the Indians, and to prevent the Embezeling of Any of the Cloathing Arms or Accoutrements
Sent by her Majesty for the Service of the present Expedition.” “WHEREAS an Act of the Assembly of this Province Made in the Eighth yeare of her Majestys Raigne Entituled An Act to prevent Selling or giving of Rum or Other Strong Liquors to the Indians was found Very beneficiall for keeping the Indians in good Order and Discipline During the late Intended Expedition and the Like reasons now requiring it.
“Be it Enacted by the Governour Councill & Assembly and by the Authority of the Same that the aforementioned Act and Every Clause Article Matter and thing therein Contained Shall be and by the Authority Aforesaid is hereby revived And Continued and Enacted to be in force from the fifth day of August Next Ensueing unto the first day of November then Next following in as full and ample Manner as if the Same had been herein particularly Recited.
“AND be it further Enacted by the Authority Aforesaid that if any person or persons Shall buy receive or take to pawn any of the Cloathing Arms or Accoutrements Which her Majesty has Sent for the Service of the Present Expedition against Canada he or they Shall forfiet and pay five times the Value thereof one half whereof to be to her Majesty her heires and Successors and the other half to the Person who shall Sue for the same to be recov. ered before any two of her Majestys Justices of the Peace One whereof to be of the Quorum who are hereby required and Impowered to hear and Determine the Same.
“And in Case any Such Arms Cloathing or Accoutrements Shall be found in any Persons Possession Claiming or not Disclaiming property thereto unless the person or persons Actually in ye present Service of their Assignes in Case of Death it shall be taken deemed and judged to be part of those Sent by her Majesty for the Service of the Expedition aforesaid and the · person or persons in whose Custody they shall be so as aforesaid found Shall be lyable to the Penalty aforementioned and every person or persons being Convicted and Shall Neglect refuse or Delay to pay any penalty incurred by this Act or give Sufficient security to pay the Same in ten Days that then and in Such case it Shall and may be lawfull to and for the Justices aforesaid to Committ him or them to the Common Goal of the Citty Town or County where such person or persons Shall be Convicted there to remaine for three Months without Baile or Mainprise or untill he or they Shall pay the penalty for which they were Committed."
1711, November 24th. “ AN ACT for reviving an Act, entituled, an Act to prevent the Selling
or giving of Rum or other Strong Liquors to the Indians in the
County of Albany." “ BE it Enacted by the Governour Council & Asembly and by the authority of the Same, That one Act entituled, an Act, to prevent Selling or Giving of Rum or other Strong Liquors to the Indians in the County of Albany, made in the Eighth Year of Her Matys Reign, expired by its own Limittation, and every Article, Clause, Condition and Proviso therein Contained, shall be and is hereby Enacted by the Authority aforesaid, to be of force untill the first day of May next, after the publication hereof, as if the same were herein particularly menconed and Expressed."
1712, June 26th. “ An Act reviving an Act entituled an Act to prevent the Selling or giv
ing of Rum or other Strong Liquors to the Indians in the County of Albany and for reviving an Act for the better Watching and guard
ing the City of Albany." “ Be it Enacted by the Governour Council and Assembly and by the Authority of the same, That one Act entituled an Act to prevent the Selling or Giving of Rum or other Strong Liquors to the Indians in the County of Albany, and an Act entituled an Act for the better Watching and Guarding the City of Albany made in the Eight Year of Her Mat’ys Reign expired by their own Limittation, and every Article Clause Condicon and provisoe in the said Acts contained shall be & are hereby Enacted by the Authority aforesaid to be of, & Continue in force until the first day of June next after the publication hereof as if the same were herein particularly Menconed & Expressed."
1713, July 1st. “ An Act for a Supply to be granted to Her Majesty for Supporting the
Government.” “ Be it Enacted by his Excellency the Governour Council and Generall Assembly, and by the Authority of the same, That there be given and Granted to Her Majesty her Heirs and Successors for the Support of Her Government in the Colony of New York, for one year, commencing from the 13th day of June, A, D. 1713. Seven thousand ounces of Plate of the Spanish Coyns of Sevill, Pillar and Mexico or the value thereof in Lyon