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negligence or involuntary, the defendant or defendants shall be admitted to plead a disclaimer, and that the trespass was by negligence or involuntary, and a tender or offer of sufficient ainends for such trespass before the action brought, whereupon, or upon some of them, the plaintiff or plaintiffs shall be enforced to join issue; and if the said issue be found for the defendant or, de fendants, or the plaintiff or plaintiffs shall be nonsuited, the plaintiff or plaintiffs shall be clearly barred from the said action or actions, and all other suits concerning the same.
XXXI. And be it further enacted by the authority aforesaid, That no dilatory plea (hall hereafter be received in any court of record, unless the party offering such plea, do, by affidavit, prove the truth thereof, or shew some probable matter to the court, to induce them to believe that the fact of such dilatory plea is true.
XXXII. And be it further enatled by the authority aforesaid, That all grants and conveyances made since the eighth day of March, in the year of our Lord one thousand seven hundred and seventy-three, or hereafter to be made, by fine or otherwise, of any manors, messuages, lands, tenements or rents, or of the reversion or remainder of any messuages, lands or tenements, shall be good and effectual, to all intents and purposes, without any attornment of the tenants of any such manors, mesuages, lands or tenements, or of the lands out of which such rents shall be issuing, or of the particular tenants upon whose particular estates any such reversions or remainders were, Mall or may be expectant or depending, as if their attornment had been had and made. Provided nevertheless, That no such tenant shall be prejudiced or damaged by payment of any rent to any such grantor or cognizor, or by breach of any condition for non-payment of rent, before notice given to him of such grant, by the conusee or grantee.
XXXIII. And be il further enacted by the authority aforesaid, Warranties by tenants That all warranties which have been made since the faid thole in reversion or eighth day of March, in the year of our Lord one thousand
seven hundred and seventy-three, or which shall hereafter be made, by any tenant for life, of any lands, tenements or hereditaments, the same descending or coming to any person in reversion or remainder, shall be void and of none effect; and likewise, all colateral warranties which have been made since the said eighth day of March, in the year of our Lord one thousand seven hundred and seventy-three, or which shall hereafter be made, of any lands, tenements or hereditaments, by any ancefor who had or has no estate of inheritance in poffeflion in the same, at the time of making such warranty, shall be void against his heirs.
be it further enacted by the authority a foreluid, The dying feised That the dying feised of any diffeisor of or in any manors,
take away the lands, tenements or other hereditaments having no right or Laving lawful title title therein, shall not be taken or deemed any
such descent op entry, unless tuch in the law, as to toll or take away the entry of any fuch ble potlesion für five person or persons, or their heirs, who at the time of the
fame descent, had, or shall have, good and lawful title of entry into the said manors, lands, tenements or hereditaments, except that such diffeisor hath had the peaceable pofleflion of such manors, lands, tenements or hereditaments, whereof he hath died or shall die seised, by the space of five years next after the disleisin by him committed, without entry or continual claim, by or of such person or persons as liad or shall have lawful title thereunto.
XXXV. Andbe it further enađited by the authority aforefaid, Thatevery perfon who shall hereafter be appointed foreman of a grand jury, shall be from the time of his being appointed until his discharge, empowered and authorised to adminifter the usual oath to such witnesses as shall come to give evidence to the grand jury whereof he is foreman.
XXXVI. And be it further er:ažied by the authority aforcfaid, That the law concerning attaints upon untrue verdicts shall be, and hereby is abolished.
XXXVII. Aird be it further enated by the authority aforesaid, That frum and after the first day of May next, none of the statutes of England, or of Great Britain, shall operate or be considered as laws of this state.
CH A P. XLVIII. An ACT to lay a Duly of Excise on firong Liquors, and for the better regulating of Inns and Taveriis.
Palled it March, 1788.
and assembly, and it is hereby enudled by the authority of the same, That it shall and may be lawful for the person adıniniftring the government of this state for the time being, by and with the advice and consent of the council of appointment, from time to time, to constitute and appoint such person in the city of New York, as they shall think proper, to be the commillioner for collecting the duty of excise of and from the several retailers of strong or spirituous liquors in the city and county of New-York.
II. And be it further cna&ed by the authority aforesaid, That the following
persons shall be the commissioners for collecting the duty of excise, of and from the several retailers of Atrong and spirituous liquors within the several other cities and counties in this state; That is to say, In and for the city of Albany, the mayor of the said city for the time being; and in and for the city of Hudson, the mayor, recorder, aldermen and commonalty of the faid city; and in and for the several towns and places in the respective counties in this state, the supervisor of, and any two justices of the peace resident within, the same respective towns or places; or in case there shall not be two justices, or in case of the absence of the justices residingin any such town or place, then such neighbouring justice or justices, as the supervisor of such town or place shall notify, and associate with him for that purpose. Provided, That no permit shall be granted, except in either of the said cities of Albany or Hudson, unless three coinmilloners shall be present at the granting thereof.
HI. And be it further enaited by the authority aforesaid, That it shall and may be lawful for the commissioners of excise, appointed or to be appointed by virtue of this act, annually, by writing under their respective hands and feals, to grant to the several persons who shall reside in the respective cities, towns or places for which they are or shall be appointed a commissioner or commissioners as aforesaid, who shall apply for the same, permits to retail ftrong or spirituous liquors under five gallons; which faid respective permits shall continue in force from the time of granting the same, until the first day of March next ensuing the date of such permit, and no longer.
IV. And be it further enaĉcd by the authority aforesaid, That it shall and may be lawful for the commissioner of excise to be appointed in the city and county of New York, by virtue of this act, to determine and ascertain the
, Team which each respective person applying for a permit as aforesaid, shall pay mdjury, ta r the same, not being less than forty shillings, nor more than twenty pounds, wered and is a duty of excise, which sum shall be paid to him by the person applying, ne to gierefore the permit shall be issued as aforesaid.
V. And be it further enacled by the authority aforesaid, That it shall and foreluid
, Tanay be lawful for the commissioners of excise appointed in the several other berebpšt_ities, towns and places in this state, by virtue of this act, to determine and afere, certain the sum which each respective person, in their respective cities, es of Egowns and places, applying for a permit as aforesaid, shall pay for the same, this faz. not being less than forty Millings, nor more than twelve pounds, as a duty of
xcise ; which, together with the sum of fix shillings, as a fee to the respecą Tive commisjoners for granting such permit, shall be paid to him or them by the person applying for a permit as aforesaid, before the permit shall be issued
as aforesaid." And further, The said commissioners are hereby respectively and fs required to keep an account of the persons to whom permits shall be granted,
and of the sums by each of the said persons paid for a permit, and to file the E 11 March fame with the clerk of such city, town or place, on or before the first day prelease of March, in every year; and shall, from time to time, without delay, pay Drity is the monies fo to be by them received for the duty of excise, to the overleers the gore of the poor of the respective cities, towns and places, for which they are ind comes commissioners as aforesaid, to be applied to the relief of the poor thereof.
VI. And be it further enaticà by the authority aforesaid, That instead of r, to the fees herein before allowed, the commillioner of excise for the city and
feveral o county of New-York, for the time being, fhall be entitled, for his service, York to a salary at and after the rate of sixty pounds per annum ; which it shall that the be lawful for him to retain out of the monies which shall come into his liands fercie, ai from the duty of excise aforesaid ; and the residue thereof, he shall from thin the time to time, and without delay, pay to the treasurer or chamberlain of the for a Said city, for the time being, to be applied and disposed of except as to in and á eight hundred pounds, for the time herein after mentioned) for and towards Ity oitz: the payment of the contingent charges of the said city, in such manner as tire coss the mayor, aldermen and commonalty of the said city in common council ezcere convened, by warrant under the hand of the mayor or recorder of the said e fhall not city, presiding in such common council, fhall from time to time direct and y luchas appoint. And further, that the said commissioner shall keep an account of for ofte the persons to whom permits shall be granted in the faid city and county, hof. Brand of the sums by each of the said persons paid for a permit
, and file the id cis fame with the treasurer or chamberlain of the said city for the time being, on the go or before the last day of February in every year,
VII. And be it further enaĉied by the aui hority aforesaid, That the treasuícalis rer or chamberlain of the said city of New-York, shall, out of the monies ppoisa to arise from the excise to be raised in the said city and county of Newnos York, on or before the firft Tuesday in February in every year, for and du
ring the term of four years, from and after the first day of February, in the year one thousand seven hundred and eighty-eight, pay to the treasurer for the time being, of the society of the hospital in the city of New York, in America, at and after the rate of eight hundred pounds, and no more, for the better support of the hospital erected in the said city, for poor and indigent persons.
VIII. And be it further ennäed by the authority aforesaid, That the com, missioners appointed or to be appointed by virtue of this act, to grant permits to retail Atrong or spirituous liquors, shall not grant permits to any per
foi or persons to retail strong or spirituous liquors for the purpose of keeping an inn or tavern, unless it Mall appear to ihe said commissioners that an inn or tavoin, at the place at which such permit is applied for, is necefiary for the accommodation of travellers, and that the perfon applying for such peronit is of good character. And that in every such permit to be granted for the purpote of keeping an inn or tavern, shall be expresled, that it appears neceffary to the comunalioners, that a public inn or tavern be kept at such place, and that the person to whom such permit is granted, is of good moral character as aforesaid.
IX. And be it further ena cd by the authority aforesaid, All perforretazing That no person shall fell by retail any strong or spirituous porizance in liquors, to be drank in his or her house, out-house, yard or hapa a furierly garden, unless such person shall appear before a justice of
the peace of the county in which he or she shall reside, and Pilierinio recognizance to the people of the state of New York, in the fum of Shippuuds; condiioned, That he or she will not, during the time that he or she full keep an inn or tavern, keep a disorderly inn or tavern, or nufur or permit any cock-fighting, gaming or playing with cards or dice, or kep any billiard-table, or other gaming-table, or shuffle-board, within the inn or tavern by him or her to be kept, or within any out-house, yard or garden belonging thereunto; which recognizances so to be taken, shall be ludged by the person or persons before whom the fame shall be taken, with the clerks of the respective cities or counties where the same shall be taken; and if any person shall be convicted of an offence against this act, it shall be lawful for the courts of general fellions of the peace in the respective cities and counties in this state, to suppress the permit and licence of such respective offenders. But that no person who shall be permitted or licenced to retail ftrong liquors, not to be drank in his or lier house, but carried elsewhere, Mall be obliged to enter into recognizance as aforesaid; any thing in this act to the contrary notwithstanding.
X. And he ii further cracked by the authority afuresaid, Everyo-tron filling That if any person shall sell by retail
, any strong or spirituar runt om te sit ous liquors, without having such permit as aforesai:, or if
uwe, to free any person shall fell any strong or spirituous liquors, to be iulo son each offene: drink in his or her house, out-house, yard or garden, witho'r having entered into such recognizance as aforesaid, every person who thoil b2 gulty of either of the offences aforesaid, shall, for each offence, Forfuittle fun of ten pounds. Provided always, That no person or persons fall be subject to be sued or profecuted by virtile of this act, for selling metheglio, currant wine, cherry wine, or cyder, to be by him, her or them munde, and which shall not be drank in his, her or their house, out-house, yard or garden.
1. Provide ajo, and be it fortier cnačied by the authorily aforefuid, Tha: all licenses to retail strong or spirituous liquors within the cities of NewYork, Albany or Hudson, mall be granted in the manner directed and prefcribed in and by the charters granted to the faid cities refpectively; and the recognizances to be entered into by retailers, shall be taken before the mayor for the t'me being, of each respective city, or, in case of his fickness or abInce, before the recorder thereof.
XII. And the more effectually to prevent every species of gaming, or incitement thereunto, in public inns or taverns; Be it further encled by the
authority aforcard, That it shall be deemed an ofience No kind of gaming to be perm..teny againft the people of this flate, for any person who shall
or tavern, and keep a public inn or tavern, to permit or suffer any cock. cognizance of offen- fighting, playing with cards or dice, or to ktepanyollarda ces against this act.
table, or other gaming table, or shumic-board, within his
or her house, or within any out-house, yard or garden belonging thereto, or therein to permit any kind of gaming, by lot or chance. And that as well the courts of oyer and terminer and gaol delivery, as the courts of general sessions of the peace in the several counties within this state, shall have cognizance of offences against this act, and falland may punish offenders convicted thereof, by fine and imprisonment, or either, at the discretion of the court in which any such conviction shall be had.
XIIF. And be il further enacled by the authority aforefrid, What kind of ac- That every keeper of any public inn or tavern in this state, keepers thall be oblig. except in the city of New York, shill keep in his house, ed to have.
at lealt two fpare beds for guests, with good and sufficient Theeting and covering for fuch beds respectively, and provide and kecp gooi and sufficient ftabling and provender, of hay in the winter, and hay or pafturage in the summer, and grain, for four horses or other cattle, more than his or her own stock, for the accommodation of travellers, upon pain of forfeiting, for every neglect or default of having either of the articles in this claufe before mentioned, the fum of forty shillings.
XIV. And whereas in some paris of this state, so little resort is had to fome inns or taverns, as would make the last mentioned regulations burthe'n some, and which inns or taverns are nevertheless of public utility; Thereiore, Be
it further enaĉled in the guinority aforafiud, That it shall be Certain innholders in the discretion of the commiflioners, or the major part of having fuch accoin- them, in any of the towns of this state, by writing for that modations,
purpose, under their hands and seals, to excmpt one or more innholder or tavern-keeper in the said towns respectively, from keeping fuch fpare beds and flabling, provender and forage, as is herein before directed.
XV. And be ii further enacted by the cuthority asorcjuid', Innholder falling That if any innholder or tavern-keeper, shall fell any trong lose their debt, and or spirituous liquors to any apprentice, fervant or fare, fut feit forty hillingsknowing or having reason to fussećt or believe him or her
to be such, without the con ent of his or her master or miitress, such innholder or tavern-keeper, Mall forfeit and lose every debt which fuch apprentice, servant or flave shall or may contract for any such liquor ; and also for every offence, for feit the sum of forty snillings, to be recovered with costs of suit, by the master or mistress of such apprentice, servant or fave. And further, That the permit and licence of every iuch innholder or tavern-keeper, shall be, and hereby is declared void from the time of lich conviction ; and fuch innholder or taven-keeper shall be and is hereby declared to be incapable of receiving any further or other permit or licence for holding any public inn or tavern, for the space of three years from the time of such conviction.
XVI. And be it further enacted by the authority aforesaid, Innholder receiving That if any innholder or tavern-keeper, or any other perfrom fervus for li fon or persons, shall take or receive, direEtly or indirectiv, penalties atorefaid, to
from any such apprentice, servant or Dave, any cloathing, restore the sounds of or any other goods, chattels, wares or merchandize, in value to the masteror payment for any such strong or spirituous liquors, or in vered with costs of pawn or pledge, to secure any such payment, and thereut
be convicted, by the oath of any one credible witne's, he, she or they so offending, besides the payment of the pennity and tir