River, eaft of the wharf now building by Thomas Buchanan, or at any place on the North-River, to the northward of the air-furnace, which may be most contiguous to any of the magazines, and fhall caufe the fame to be ftored in one of the magazines now built, or hereafter to be built for that purpofe, on pain of forfeiting all fuch gun-powder to any perfon or perfons who will fue and profecute for the fame to effect, in manner aforefaid.

fbreets but in tight

Jame.

III. And to prevent any evil confequences which may arife from the carriage of gun-powder, Be it further enacted by the authority aforef.id, That No gun-powder to all gun-powder which fhall be carried through the streets be carried thro' the of the faid city, by carts, carriages, or by hand, or otherwise, calks put in bags, on fhall be in tight cafks, well headed and hooped, and fhall pain of forfeiting the be put into bags or leather cafes, and entirely covered therewith, fo that no powder may be fpilled or fcattered in the paflage thereof, on pain of forfeiting all fuch gun-powder as fhall be conveyed through any of the ftreets aforefaid, in any other manner than is hereby directed; and it shall and may be lawful for any perfon or perfons, to feize the fame to his or their own ufe and benefit, and to convey the fame to one of the magazines aforefaid, and thereupon to profecute the person or perfons offending againft this act before the mayor or recorder, and any two aldermen of the faid city; and fuch gun-powder fhall upon conviction be condemned to the ufe of the perfon or perfons feizing the fame.

any two aldermen,

gunpowder being

a

IV. And be it further enacted by the authority aforefaid, Mayor, recorder or That it shall and may be lawful for the mayor or recorder, may, on fufpicion of or any two aldermen of the faid city, upon application made Concealed, iffue by any inhabitant or inhabitants of the faid city, and upon warrant to fearch for his or their making oath of reafonable caufe of fufpicion and feize the fame. (of the fufficiency of which the faid mayor or recorder, or aldermen, is and are to be the judge or judges) to ifiue his or their warrant or warrants, under his or their hand and feal, or hands and feals, for fearching for fuch gun-powder, in the day time, in any building or place whatfoever, within the limits aforefaid, or in any fhip or other veilel, within forty-eight hours after her arrival in the harbour, or at any time after fuch fhip or other veflel fhall and may have hauled along fide any wharf, pier or key, within the limits aforefaid: And that upon any fuch fearch it fhall be lawful for the perfons finding any fuch gun-powder, immediately to feize, and at any time within twelve hours after fuch feizure, to convey the fame to one of the magazines aforefaid; and the fame gun-powder being fo removed, to detain and keep, until it fhall be determined by the mayor or recorder and any two aldermen of the faid city, whether the fame is forfeited by virtue of this act : And the perfon or perfons fo detaining the fame, fhall not be fubject or liable to any action or fuit for the detention thereof. Provided always, That nothing in this claufe of this act contained, fhall be conftrued to authorife any perfon having fuch warrant, to take advantage of the fame, for ferving any civil process of any kind whatfoever. Provided alfo, That nothing in this act contained fhall extend to fhips of war, or packets in the fervice of the United States or any of them, or of any foreign prince or state; nor to au thorife the fearching for gun-powder on board of any fuch ship or velel while laying in the fream, and upwards of one hundred yards from the wharf

or fhore.

V. And be it further enacted by the authority aforesaid, Gun-powder exceed. That if any gun-powder, exceeding twenty-eight pounds, ing 281b. found during a fire, may be feized fhall be found in the cuftody of any perfon, during any fire or alarm of fire, in the faid city, by any fireman of the faid

without warrant.

ity, it fhall be lawful for him to feize the fame, without warrant from the inayor, or recorder or aldermen, and to caufe the fame to be condemned, in manner aforefaid, to his own ute; any thing in this act to the contrary notwithstanding.

1.

BE

С НА Р. LXXXII.

An ACT to prevent the Deflruction of Deer.

bruary, March, April,

forfeit 31.

Pafled 15th March, 1788.

E it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That if any perfon or perfons fhall kill or deftroy any wild Any per fom killing a deer in January, Fe- back, doe or fawn, or any other fort of deer whatsoever, at Kay, June or July, to any time in the months of January, February, March, April, May, June or July, every fuch perfon fhall, for every buck, doe or fawn, or other deer fo killed or deftroyed as aforefaid, contrary to the true intent and meaning of this act, forfeit and pay the fum of three pounds, to be recovered with cofts of fuit, in any court having cognizance thereof, by any perfon or perfons who will fue and profecute for the fame; the one moiety of which forfeiture, when recovered, to be paid to the overfeers of the poor of the town or place where the offence fhall be committed for the fe of the poor thereof; and the other moiety to fuch perfon or perfons as fhall fue and profecute for the fame as aforefaid.

II. And be it further enacled by the authority aforesaid, That every perfon in whofe cuftody fhall be found, or who fhall expofe to fale any green deer fkin, fresh venifon, or deer's flefh, at any time in any of the months before mentioned, and fhall be thereof convicted before any juftice of the peace, by the oath of one credible witnefs, or by the confeffion of the party, fhall, unless fuch party fhall prove that fomne other perfon killed fuch buck, doe, fawn, or other deer, be deemed and adjudged guilty of the faid offence.

III. And in order the more eafily to convict offenders against this act, Be it further enacted by the authority aforefaid, That it fhall be lawful for any juftice of the peace in any county of this ftate, and every fuch juftice is hereby required, upon demand made by any perfon, affigning a reasonable caufe of fufpicion, upon oath (of the fufficiency of which the faid juftice is to judge) at any time in any of the months before mentioned, to iffue his warrant under his hand and feal, to any conftable of any town or place in the fame county, for fearching in the day time in any houfe, flore, out-houfe, or other place whatsoever, where any green deer fkin, fresh venifon or deer's flefh, is fufpected to be concealed: And in cafe any green deer skin, fresh venifon or deer's flefh, fhall upon fuch fearch be found, the perfon in whole cuftody the fame fhall be found, or who concealed the fame, fhall forfeit the fum ofthree pounds, to be recovered and applied in manner aforefaid.

or killing deer with

three pounds.

IV. And be it further enacted by the authority aforefaid, Any perfon hunting That if any perfon or perfons fhall at any time hunt, purfue blood-hounds or bea- or destroy any wild buck, doe, or fawn, or other deer (exgles, except in Suffolk county, to forfeit cept in the county of Suffolk) with any blood-hound or blood-hounds, beagle or beagles, every fuch perfon fhall, for every fuch offence, forfeit and pay the fum of three pounds, to be recovered and applied as aforefaid. Provided, That nothing in this claufe of this aft contained, fhall be conftrued to prevent any perfon or perfons from makVol. II. Bb

ing ufe of any blood-hounds or beagles, in the hunting, pursuing or destroying of wolves or other deftructive wild animals.

V. And be it further enalled by the authority aforefaid, Formerlaws repealed. That all former acts and laws of this ftate concerning deer, shall be and hereby are repealed.

Sth feff. ch. 31.

CHA P. LXXXV.

An ACT to punish Infractions of that Articles of the Conftitution of this State, prohibiting Purchases of Lands from the Indians without the Authority and Confent of the Legislature; and more effectually to provide against Intrusions on the unappropriated Lands of this State.

Paffed 18th March, 1788.

HEREAS by the thirty-feventh section of the conftitution of this state, reciting that it is of great importance to the fafety of this ftate, that peace and amity with the Indians within the fame be at all times fupported and maintained; and that the frauds too often practifed towards the id Indians, in contracts made for their lands, have in divers inftances been productive of dangerous difcontents and animofities; it is ordained, That no purchases or contracts for the fale of lands, made fince the fourteenth day of October, One thousand feven hundred and feventy-five, or which might thereafter be made with, or of the faid Indians within the limits of this state, fhall be binding on the faid Indians or deemed valid, unless made under the authority and with the confent of the legislature of this state. In order therefore more effectually to provide against infractions of the constitution in this respect,

1. Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That if any perfon fhall hereafter, unlefs under the authority and with the confent of the legislature of this flate, in any manner or form, or on any terms whatfoever, purchase any lands within the limits of this ftate, or make contracts for the fale of lands within the limits of this ftate, with any Indian or Indians, refiding within the limits of this ftate, every perfon fo purchafing, or fo making a contract, fhall be deemed to have offended against the people of this ftate, and fhall, on conviction, forfeit one hundred pounds to the people of this ftate, and fhall be further punished by fine and imprisonment, in the difcretion of the court.

II. And be it further enacted by the authority aforefaid, That every perfon who shall hereafter give, convey, fell, demife or otherwife difpofe of, or offer to give, convey, fell, demife or otherwife difpofe of any lands within the limits of this ftate, or any right, intereft, part or share, of or in any lands within the limits of this ftate, or intrude, or enter on, or take poffeffion of, or fettle on any lands within the limits of this ftate, pretending or claiming any right, title or interest in such lands, by virtue, under colour, or in confequence of any purchase from, or contract for the fale of lands made with any fuch Indian or Indians as aforefaid, at any time fince the fourteenth day of October, one thoufand feven hundred and feventy-five, and not under the authority, and with the confent of the legiflature of this flate, every fuch perfon fhall be deemed to have offended against the people of this flate, and fhall on conviction, forfeit the fun of one hundred pounds, to the people of this flate, and be further punifhed by fine and imprifonment, in the difcretion of the court

III. And be it further enailed by the authority aforefaid, That if any per fons, other than Indians, fhall, after the paffing of this act, take poffeffion of, or intrude or fettle on any of the watte or ungranted lands of this ftate, lying eastward of the lands ceded by this state to the commonwealth of Ma fachufets, and weftward of the line or lines commonly called the Line of Property, agreed on between the Indians and the fuperintendant of Indian affairs, in the year one thousand feven hundred and fixty-eight, every perfon fo taking poffeffion of, or intruding or fettling on any fuch wafte or ungranted lands, within the limits aforefaid, fhall be deemed as holding fuch lands by a foreign title, against the right and fovereignty of the people of this ftate; and it fhall and may be lawful for the perfon adminiftring the government of this state for the time being, and it is hereby declared to be his duty to remove, or cause to be removed, from time to time, by fuch means, and in fuch manner as he shall judge proper, all perfons, other than Indians, who fhall fo take poffeffion of, or fettle or intrude on any of the waste or ungranted lands of this ftate, within the limits aforefaid, and to cause the buildings of other improvements of fuch intruders on fuch lands to be deftroyed; and for that purpose, in his difcretion, to order out any proportion of the militia from any part of this ftate, and fuch an occafion to be deemed an emergency, intended in the fecond fection of the act, entitled, An act to regulate the militia, paffed the 4th day of April, 1786. And the detachments fo from time to time to be ordered out, fhall receive the fame pay and rations, and be fubject to the fame rules and regulations, as is provided in the faid fection of the faid act.

IV. And for defraying the expences of paying and fubfifling the militia, fo from time to time to be ordered out, and of the contingencies to arife in fuch fervices, Be it further enacted by the authority aforefaid, That it fhall be lawful for the perfon adminiftring the government of this flate for the time being, from time to time, by warrant under his hand, to draw from the treafury of this ftate, fuch fum and fums of money as he fhall deem neceffary, not exceeding two thousand pounds: And the treasurer is hereby required, out of any monies he may have in the treasury, forthwith to answer every fuch warrant, any other appropriation of the monies in the treasury, except appropriations to private perfons in difcharge of co.racts, notwithstanding. And every person to be appointed or intrufted, by the perfon adminiftring the government, with the expenditure of any of the faid monies, shall be refponfible to the people of this ftate for the respective expenditures, and fhall account with the auditor of this ftate accordingly.

CHA P. LXXXVIII.

An ACT to prevent breaking and defacing Mile-Stones and public Monuments. Paffed 20th March, 1788.

WHEREAS the erection of mile-flones, hands, pointers and other

monuments for the direction of travellers along the public roads, greatly contributes to the convenience of fuch travellers: Therefore,

Be it enafled by the people of the ftate of New-York, reprefented in fenateand affembly, and it is hereby enacted by the authority of the fame, That if any perfon or perfons fhall remove or wilfully break, deface or in any wife damage any of the mile ftones, hands, pointers, or any other monument already erected or put up, or hereafter to be erected or put up within this flate, for the direction of travellers, the perfon or perfons fo removing or wilfully

breaking, defacing or in any wife damaging any of the faid inile-ftones, hands, pointers, or any other monument, fhall forfeit and pay the fun of three pounds for every mile-itone, hand, pointer, or other monument fo removed, broken, defaced or otherwife damaged; to be recovered with cofts of fuit, in any court having cognizance thereof, by any perfon or perfons who will fue and profecure for the fame; the one moiety of which forfeiture, when recovered, to be paid to the perfon or perfons fuing and profecuting for the fame to effect; and fo much of the other moiety as may be neceflary for that purpose, to be applied to the repairing the damage done, and the refidue, if any there be, to be paid to the overfeers of the poor of the city or town where the offence fhall be committed, for the ufe of the poor thereof. And if any perfon or perfons convicted of any of the offences herein mentioned,. fhall refufe or neglect to pay fuch forfeiture, he, fhe or they fo convicted, fhall be committed to the common gaol of the county, there to remain without bail or mainprife for the space of thirty days, unless fuch forfeiture shall be fooner paid.

CHAP. LXXXIX.

An ACT to extend the Powers of the Commiffioners af the Land-Office to the Cafes therein mentioned, and for other Purpofes.

9th feff. ch. 67.

Paffed 20th March, 1788.

WHE HEREAS by the fecond provifo to the nineteenth fection of the act, entitled, "An act for the speedy fale of the unappropriated lands within this ftate, and for other purpofes therein mentioned," paffed the fifth day of May, one thousand feven hundred and eighty-fix, every perfon entitled to the benefit intended by the faid fection of the faid act, was directed to make application therefor to the commiffioners, appointed by the faid act, within fix months after the paffing of the faid act. And whereas fo great a part of the faid time was elapfed before the faid act was printed, that many of the perfons for whofe benefit the fard fection was intended, could not avail themselves thereof: Therefore, 1. Be it enaded by the people of the fate of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That it fhall and may be lawful to and for the commiffioners appointed by the faid act, to make grants of unappropriated or ungranted lands, in manner directed by the nineteenth fection of the faid act, pafled the fifth day of May, one thousand feven hundred and eighty-fix. Provided, That application to the faid commiffioners for fuch giant, be made on or before the first day of January next, enfuing the pafting of this act.

Time for making ter ain grants extended.

II. And whereas adverfe claims are made by perfons who have heretofore located unappropriated or ungranted lands, by virtue of the laws of this ftate, authorifing locations of land, and others claiming the benefit of the third fection of the act, entitled, ‡ An act to prevent 6th feff, ch. 11. grants or locations of the lands therein mentioned, pafled the twenty-fifth day of July, one thoufand feven hundred and eighty-two, and of the provifo annexed to the faid third feétion, and no mode is directed by the faid act, or any other act, for the conduct of the furveyor-general, and of the faid cominiffioners in fuch cafes; For remedy whereof, Be it