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any

gun - powder being concealedi, illue

and seize the fame.

River, eart 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 thre magazines, and shall cause the same to be stored in one of the mag zines now built, or hereafter to be built for that purpose, on pain of forfeiting all fuch gun-powder to any person or persons who will fue and profecute for the same to effect, in manner aforesaid.

III. And to prevent any evil consequences which may arise from the carriage of gun-powder, Be it further enac/cd" by the authority aforesaid, That No gun-powder to

all gun-powder which shall be carried through the streets be carries thro' the of the said city, by carts, cartinges, or by hand, or otherwise, calks put in bags, on shall be in tight calks, well headed and hooped, and fall Pain of forfeiting the be put into bags or leather cases, and entirely covered there

with, so that no powder may be spilled or scattered in the pallage thereof, on pain of forfeiting all such gun-powder as shall be conveyed through any of the streets aforelaid, in any other manner than is hereby directed ; and it shall and may be lawful for any person or persons, to seize the fame to his or their own use and benefit, and to convey the same to one of the magazines aforesaid, and thereupon to prokcute the person or persons offending against this act before the mayor or recorder, and any two aldermen of the faid city; and fuch gun-powder Mall upon conviction be condemned to the use of the person or persons seizing the fame.

IV. And be il further craicd by the authority afirefaid, 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 said city, upon application made

å by any inhabitant or inhabitants of the said city, and upon warraeth fiarch for his or their making oath of reasonable cause of suspicion

(of the sufficiency of which the said mayor or recorder, or aldermen, is and are to be the judge or judges) to issue his or their warrant or warrants, under his or their hand and feal, or hands and seals, for searching for such gun-powder, in the day time, in any building or place whatsoever, within the limits aforesaid, or in any ship or other veilel, within forty-eight Jours after her arrival in the harbour, or at any time after such ihip or other vellel shall and may have hauled along fide any wharf, pier or key, within the limits aforesaid: And that upon any such search it Mall be lawful for the persons finding any such gun-powder, iinmediately to fuize, and at any time within twelve hours after such seizure, to convey the-fame to one of the magazines aforesaid; and the fame gun-powder being so removed, to detain and keep, until it fall be determined by the mayor or recorder and any two aldermen of the said city, whether the same is forfeited by virtue of this act : And the person or persons so detaining the fame, shall not be subject or liable to any action or suit for the detention thereof. Provided always, That 10thing in this clause of this act contained, shall be construed to authorise any person having fuch warrant, to take advantage of the fame, for serving any civil process of any kind whatsoever. Provided also, That nothing in this act contained shall extend to ships of war, or packets in the service of the United States or any of them, or of any foreign prince or state ; nor to authorise the searching for gun-powder on board of any such ship or vellel while laying in the Itream, and upwards of one hundred yards from the wharf or shore.

V. And be it further enated by the authorily aforelaid, Gun-powder exceed. That if any gun-powder, exceeding twenty-eight pounds, a fire, inay be leized shall be found in the custody of any person, during any fire without warrant.

or alarm of fire, in the said city, by any fireman of the said

City, it fhall be lawful for him to seize the fame, without warrant from the inayor, or recorder or alderinen, and to cause the fame to be condemned, in manner aforesaid, to his own ule; any thing in this act to the contrary nutwithstanding.

BE

СНА Р. LXXXII
An ACT to prevent the Destruction of Decr.

Palled 15th March, 19788. 1. E it enaled by the people of the fate of New-York, represented in fenate and nfembly, and it is hereby enailed by the authority of the fame,

That if any person or persons thall kill or destroy any wild Any per fim Lilling a deer in January, few back, doe or fawn, or any other sort of deer whatsoever, ar Kiay, Juve ur july, tó any time in the months of January, February, March, April, torteit 31.

May, June or July, every such person shall, for every buck, doe or fawn, or other deer so killed or destroyed as aforesaid, contrary to the true intent and meaning of this act, forfeit and pay the sum of three pounds, to be recovered with costs of fuit, in any court having cognizance thereof, by any person or persons who will sue and profecute for the fame; the one moiety of which forfeiture, when recovered, to be paid to the overseers of the poor of the town or place where the offence shall be coinmitted for the rife of the poor thereof; and the other moiety to fiich person or persons as fhall sue and profecute for the same as aforesaid.

II. And be it further enalled by the authority aforefrid, That every person in whose custody shall be found, or who shall expose to fale any green deer skin, fresh venison, or deer's flesh, at any time in any of the months before mentioned, and shall be thereof cunvicted before any justice of the peace, by the oath of one credible witness, or by the confeflion of the party, shall, enless such party shall prove that foine other person killed such buck, due, fawn, or other deer, be deemed and adjudged guilty of the said offence.

III. And in order the more easily to convict offenders against this act, Be it fier:her cnailed by the authority aforefaid, That it shall be lawful for any justice of the peace in any county of this ftate, and every fuch justice is here by regured, upon demand made by any person, affigning a reasonable cause of suspicion, upon oath (of the fufficiency of which the said justice is to judge) at any time in any of the months before mentioned, to issue his warrant una der his hand and seal, to any constable of any town or place in the fame County, for searching in the day time in any house, ftore, out-house', or other place whatsoever, where any green deer skin, fresh venison or deer's flesli, is suspected to be concealed: Andin case any green deer skin, fresh venison or deer's flesh, shall upon such search be found, the person in whole cuttody the fame shall be found, or who concealed the fame, shall forfeitthe sum of three pounds, to be recovered and applied in manner aforesaid.

IV. Ald be it further enucled by the cuthority aforesaid, y perfon kaming That if any person or persons shall at any time hunt, pursue blod-lrounds or bea: or destroy any wild buck, doe, or fawn, or other deer (exfolk county, t forfeit cept in the county of Suffolk) with any blood-hound or three pounds. blood-hounds, beagle or beagles, every such person hall, for every such offence, forfeit and pay the sum of three pounds, to be recovered and applied as aforesaid. Provided, Thx nothing iu this clause of this at contained, small be construed to prevent any person or persons from nak. Vol. II.

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ing use of any blood-hounds or beagles, in the hunting, pursuing or destroy,, ing of wolves or other destructive wild animals.

V. And be il further enalled by the authority aforesaid, Formerlawsrepealed. That all former # acts and laws of this state concerning S: 1M.ch. 31.

deer, Mall be and hereby are repealed.

CH A P. LXXXV. An ACT to punih infractions of ihal Articles of the Conftitution of this state,

prohibiting Purchases of Lazds from the idians without the Áuthority and Coulent of the Legislature; and more effettually io provide againft Intrufions on the una propriaied Lands of this state.

Pafled 18th March, 1788. HEREAS by the thirty-seventh section of the conftitution of this that peace and amity with the Indians within the same be at all tiines fupported and maintained; and that the frauds too often practised towards the hid Indians, in contracts made for their lands, have in divers instances been productive of dangerous discontents and animofities; it is ordained, That no purchases or contracts for the sale of lands, made since the fourteenth day of O&tober, One thoufand seven hundred and seventy-five, or which might thereafter be inade with, or of the faid Indians within the limits of this state, shall be binding on the said Indians or deemed valid, unless made under the authority and with the consent of the legislature of this state. In order therefore inore efl:ctually to provide against infractions of the constitution in this respect,

İ. Be it cnailed by the people of the state of New-York, represented in fenate and affembly, and it is hereby enaded by the authority of the same, That if any person shall hereafter, unless under the authority and with the consent of the legislature of this fate, in any manner or form, or on any terms whatfoever, purchase any lands within the limits of this state, or make contracts for the file of lands within the limits of this state, with any Indian or Indians, residing within the limits of this state, every person fo purchasing, or so making a contract, Mall be deemed to have offended against the people of this ftate, and shall, on conviction, forfeit one hundred pounds to the people of this state, and shall be further punilhed by fine and imprisonment, in the difcretion of the court.

II. And be it further cnacled by the authority aforesaid, That every perfon who shall hereafter give, convey, sell, demise or otherwise dispose of, or offer to give, convey, sell, demise or otherwise dispose of any lands within the limits of this state, or any right, interest, part or share, of or in any lands within the limits of this feate, or intrude, or enter on, or take poflession of, or settle on any lands within the limits of this state, pretending or claiming any right, title or interest in such lands, by virtue, under colour, or in consequence of any purchase from, or contra for the sale of lands made with any such Indian or Indians as aforesaid, at any time since the fourteenth day of O&ober, one thousand seven hundred and seventy-five, and not under the authority, and with the consent of the legislature of this state, every such fon shall be deemed to have offended against the people of this ftate, and shall on conviction, forseit the fun of one hundred pounds, to the people of this &ate, and be further punished by fine and imprisonment, in the discretion of the court.

III. And be it further enacted by the authority afure, aid, That if any perfons, other than Indians, Ihall, after the palling of this act, take possession of, or intrude or settle on any of the watte or un granted lands of this state, lying eastward of the lands ceded by this state to the commonwealth of Mafachusets, and westward of the line or lines commonly called the Line of Property, agreed on between the Indians and the superintendant of Indian affairs

, in the year one thousand seven hundred and fixty-eight, every person so taking pofleflion of, or intruding or settling on any such waste or ungranted lands, within the limits aforesaid, shall be deemed as holding such lands by a foreign title, against the right and sovereignty of the people of this state; and it shall and may be lawful for the person administring 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 such means, and in fuch manner as he shall judge proper, all persons, other than Indians, who fhall fo take possession of, or settle orintrude on any of the waste or ungranted lands of this ftate, within the limits aforesaid, and to cause the buildings or other improvements of such intruders on such lands to be destroyed; and for that purpose, in his discretion, to order out any proportion of the militia from any part of this state, and fuch an occasion to be deemed an emergency, intended in the second section of the act, entitled, An act to regulate the militia, paffed the 4th day of April, 1786. And the detachments to from time to time to be ordered out, shall receive the fame pay and rations, and be subject to the same rules and regulations, as is provided in the said section of the said aa.

IV. And for defraying the expences of paying and fubfilling the militia, so from time to time to be ordered out, and of the contingencies to arife in Such services, Be it firther enalled by the authorily aforesaid, That it shall be lawful for the person adminiftring the government of this state for the time being, from time to time, by warrant under his hand, to draw from the treafury of this state, such sum and sums of money as he shall deem necessary, 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 such warrant, any other appropriation of the monies in the treasury, except appropriations to private persons in discharge of cu.racts, not with standing. And every person to be appointed or intrusted, by the person administring the government, with the expenditure of any of the said monies, shall be respon lible to the people of this state for the respective expenditures, and fall account with the auditor of this state accordingly.

С НА Р. LXXXVIII. An ACT to prevent breaking and defacing Mile-Stones and public Monuments.

Pafled 20th March, 1788. WHEREAS the erection of mile-Nones, hands, pointers and other

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

Be it enabled by the people of the fate of New-York, represented in fenate and afembly, and it is herehy cračied by the authority of the fame, That if any person of persons shall remove or wilfully break, deface or in any wife damage any of the mile stones, hands, pointers, or any other inonument already erected or put up, or liereafter to be erected or put up within this state, for the direction of travellers, the person or persons fo removing or wfully

breaking, defacing or in any wise damaging any of the said inile-flores, hands, pointers, or any other monument, shall forteit and pay the fun of three pounds for every mile-iłone, hand, pointer, or other monument so removed, broker, detaced or otherwise damaged ; to be recovered with costs of suit, in any court having cognizance thertof, by any person or persons wbo will sue and profecule for the same; the one moiety of which forfeiture, when recovered, to be paid to the person or persons suing and protecuing for the fime to effect; and so much of the other moiety as may be recetiary for that purpose, to be applied 10 the repairing the damage done, and the relidue, if any there be, to be paid to the overseers of the poor of the city or town where the offence shall be committed, for the use of the poor thereof. And if any person or persons convicted of any of the offences herein mentioned, thail refuse or neglect to pay such forfeiture, he, she or they fo convicted, Ihall be committed to the cominon gaol of the county, there to remain without bail or mainprisë for the space of thirty days, unless such forfeiture shall be fooner paid.

с нА Р. LXXXIX. Ar ACT to extend the Powers of the Commissioners af the Land-Ofice to. the Cases therein mentioned, and for other Purposes.

Pafled 20th March, 1788. WHE

THEREAS by the second proviso to the nineteenth #gth tert.ch. 67. section of the act, entitled, < An act for the speedy file of the unappropriated lands within this state, and for other purposes therein mentioned," pafled the fifth day of May, one thousand seven hundred and eighty-fix, every person entitled to the benefit intended by the faid fection of the faid act, was directed to make application there for to the commissioners, appointed by the faid act, within six months after the palling of the faid act. And whereas so great a part of the said time was elapfed before the said act was printed, that many of the persons for whose benefit the faid lection was intended, could not avail themselves thereof: Therefore,

1. Be it cnoücd by the penple of the fate of New-York, represented in jenale and allembly, and it is hereby enatied by the authority of the same, That is Time for making

shall and may be lawful to and for the conmissioners apck? pointed by the faid act, to make grants of unappropriated

or ungranted lands, in manner directed by the nineicenth fection of the faid act, pated the fifth day of May, one thousand feven hundred and eighty-fix. Provided, That application to the faid commissioners for such grant, be made on or before the firft day of January next, ensuing the pailing of this act.

II. And whereas adverse claims are made by persons who have heretofore located unappropriated or ungranted lands, by virtue of the laws of this ftare, authoriting locations of land, and others claiming the benefit of

the third section of the act, entitled, † An act to prevent + : fff. . .

grants or locations of the lands therein mentioned, palied 1e twenty-fifth day of July, one thousand seven hundred and eighty-two, and of the proviso annexed to the said third feétion, and no mode is directed hy the faid act, or any other act, for the conduct of the surveyor-gener. I, and of the said commissioners in such cases; For remedy whercof, Be it

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