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LAWS OF THE STATE OF NEW-YORK,
Passed in the Thirteenth Session of the Legislature, held
at the City of New-York, by Adjournment,
с нА Р. 1. An ACT declaring it to be the Dut; of the Sheriff's of the several Counties
within this State, to rcceive ard Mije keep fuch" Prisoners as shall be com.
Patied 28th January, 1790.
and usembly, and it is hereby ezavied by the authurity of the same, That it Thall and is hereby declared to be the duty of the merits of the several counties within this state, to receive into the leveral gaols within their respective bailiwicks, and safely keep, all prisoners who hall be committed to the faid gaols, by virtue of any process to be issued under the authority of the United States, until they shall be discharged by the due course of the laws thereof; the United States fupporting such of the said prisoners as shall be committed for offences againit the said United States. And in case any prisoner or prisoners shall efcape out of the custody of any sheriff to whom he or they shall or may be committed as aforesaid, such fheriff shall be liable to the like actions and penalties as he would have been, had such prisoner or prisoners been committed or charged in custody. by virtue of any process ifluing under the authority of this state; and such sheriff or sheriffs respectively, into whose custody any such prifoner or prisoners shall be as aforesaid committed, is hereby authoriled to take and receive to his own use, fuch siun or sums of money as shall be payable by the United States, for the use of the faid gaols.
CHA P. III.
Pafled 3d February, 1790.
, Philip Livingston, Leonard Lifpenard and William Bayard, in consequence of certain acts of the legislature of the late colony, now state of New-York, and as trustees for the government, did, on or about the tenth day of May, in the year of our Lord one thoufand seven hundred and fixty-two, purchase a certain piece of ground containing four acres, situate, lying and being on the point of Sandy-Hook, in the county of Monmouth, in the then province, now state of New- Jersey, and did afterwards erect thereon a light-house and other buildings for public uses: And whereas the said Philip Livingston is dead, and the estate of the faid William Bayard, both in the state of New York and New Jersey, is forfeited, and the title at law of and in the said land and premises is thereby be. come vested in the said John Cruger and Leonard Lispenard, as trustees as aforesaid : And whereas the United States in congress assembled, have pro
vided for the ereding and supporting light-houses; and in order, therefore, to comply with the faid acts, and further the intention of the United States,
Be it enacted by the people of the flaie of New-York, represented in senate and assembly, and it is hereby enaded by the authori y of the jume, That all the estate, right and title of the people of the state of New York, both in law and equity, of, in and to the said piece of land, and the light-house and buildings erected thereon, and all the lands belonging to the fame, shall be, and hereby is granted to and vested in the United States of America. And that the faid John Cruger and Leonard Lifpenard, hereby are directed and required to grant, release and convey all their estate, right, title and interest of and in the said land, light-house and buildings thereon, to the United States of America : In confidence, That in case the said United Stares fhall make any compensation to other states in the union for the like grants and ceffions, that compensation will also be made to this fate for the grant and cellion hereby made,
CH A P. XV. An ACT ratifying certain Article. i duduion to and Amendment of the Conftilution of the United States of címerica, proposed by the Congress.
Pafled 27th February, 1790.
of America, it is provided that the congress, whenever two-thirds of both houses fhall deem it neceffary, shall propofe amendments to the faid constitution, which mall be valid to all intents and purpoles, as part of the faid conftitution, when ratified by the legislatures of three-fourths of the feveral ftates, or by conventions in three-fourths thereof, as the one or the other mode of ratification may be proposed by the congress. And whereas in the feflion of the congress of the United States of America, begun and held at the city of New York, on Wednesday the fourth of March one thousand feven hundred and eighty-nine, it was resolved by the senate and house of representatives of the United States of America in congress aflembled, twothirds of both houses concurring, that the following articles be proposed to the legislatures of the several states, as amendments to the constitution of the United States ; all or any of which articles, when ratified by three-fourths of the faid legislatures, to be valid to all intents and purpofes, as part of the said constitution, viz. “ARTICLES in addition to, and amendment of the constitution of the
United States of America, proposed by congress, and ratified by the legislatures of the several states, pursuant to the fifth article of the original constitution.
“ Article the Firft. After the first enumeration requred by the first article of the constitution, there shall be one representative for every thirty thouland, until the number shall amount to one hundred, after which the proportion Ihall be fo regulated by congress, that there shall be not less than one hundred representatives, nor less than one representative for every forty thousand persons, until the number of representatives Mall amount to two hundred ; after which the proportion shall be fo regulated by congress, that there fail not be less than two hundred representatives, nor more than one representasive for every fifty thousand persons.
“ Ariicle the Second. No law varying the compensation for the services of the senators and representatives, shall take effect, until an election of repre. fentatives (hall have intervened.
“ Article the Tird. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speechi
, or of the press; or the right of the people peaceably to assemble, and to petition he government for a redreis of grievances.
“Ariicle the Fuur h. A well regulated militia being necessary to the security of a tree fait, the right of the people to keep and bear arms, fhall not be infringed.
“ Article the Fifih. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, but in a man ner to be prescribed by law.
“Article the Sixth. The rights of the people, to be fecure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated ; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be learched, and the persons or things to be seized.
“ Article the Seventh. No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indi&ment of a grand jury; except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject, for the fanne offence, to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself; nor be deprived of life, liberty or property, without due process of law; nor (hall private property be taken for public use, without just compensation,
“ Article the Lighth. In all criminal profecutions, the accused Mall enjoy the right to a speedy and public trial by an impartial jury of the state and district wherein the crime shall have been committed; which distrid shall have been previously ascertained by law; and to be informed of the nature, and cause of the accusation; to be confronted with the witnefles against him ; to have compulsory process for obtaining witnesses in his favour, and, to have the assistance of counsel for his defence.
“ Article the Ninth. In futs at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved; and no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of the common law.
Article the Tenth. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
“ Article the Eleverith. The enumeration in the constitution of certain rights, shall not be construed to deny or disparage others retained by the people.
“ Article the Tivolsik. The powers not delegated to the United States by the constitution, nor prolibited by it to the states, are reserved to the states respectively, or to the people."
And whereas the legislature of this state have considered the said articles, and do agree to the fame, except the second article ; Therefore,
Be it enadled by the people of the ftale of New-York, represented in senale and allembly, and it is hereby enacted by the authority of the fame, That the said articles, except the second, Ihall be, and hereby are ratified by the Legislature of this ftate.
сH A Р. XVII. An ACT relative to the City of Albany, and for granting Parcel of a certain
House and Lot in the jaid City, to the Mayor, Alier men and Commo.alty thereof:
Pafied 6th March, 1790. HEREA S it has been represented to the Legislature, that the peo.
ple of the ftate of New-York are become entitled to an ettate in fee simple, of and in one undivided fifth part, and of, and in an eliate for the life of Isaac Low, of and in one other undivided fifth part of a certain dwelling-house, fituate in the city of Albany, on the fouth side of state-ftreet, called the city-tavern, and the lot of ground there with occupied, and now or late in the possession of Robert Lewis; and that it will tend to enable the mayor, aldermen and commonalty of the city of Albany, to lay out a street, for the convenience and accommodation of the inhabitants of the said city, if the estate of the said people, in and to the said dwelling-house and lot, is vested in the faid mayor, aldemmen and commonalty: Therefore,
I. Be it enacted by the people of the fate of New-York, represented in senute and affembly, and it is hereby enacted by the authority of the Jume, Thai all the estate, right, title and interest, which attached to, or vested in the faid people, of and in the said two undivided fifth parts of the said dwelling foule and lot of ground, shall be, and the fame is hereby declared to be conveyed to, and vested in the said mayor, aldermen and commonalty, in like manner and in the fame estate, now vested in the people of the Itate of New-York, as aforesaid. Provided nevertheless, That the said mayor, aldermen and commonalty, shall annually pay, or cause to be paid unto Philip Cuyler, of the city of Albany, during the life of the said Philip, the sum of ten pounds, for a like annuity, payable to the said Philip, by Abrahain Cuyler, by whore attainder, one fifth of the said house and lor became vested in the people of this state: And also, the further sum of ten pounds annually, to the said Philip, during the life of Isaac Low, for a like annuity, payable to the faid Philip, by the faid Ifaac, as tlie husband of Margaret, the filter of the faid Philip, whose estate stands charged with the faid lum of ten pounds, and in whom the fee of one fifth of the said house and lot is vefted, and the use whereof will revert to her or her heirs, on the demise of the said Ifaac, whole life estate in the said one fifth, became forfeited to the people of this state, by his attainder.
II. And be it further enaĉied by the authority aforesaid, Corporation of Alba. That it shall and may be lawful to and for the said mayor, for paying watchmen, aldermen and commonalty, in common council, as soon and other purposes.
as conveniently may be, after the passing of this act, to order the raising a fum, not exceeding eight hundred pounds, by a tax on the estates real and personal, of all and every the freeholders and inhabitants within the said city, within half a mile of Hudson's river, and on the north side of a west line drawn from Hudson's river, at the north-east corner of a tract of land commonly called the Dutch Church Pasture, to be applied to the payment of so many watchmen, as the faid mayor, aldermen and commonasty have employed, or shall think necessary to employ for guarding the faid city, and to such other purposes as to the faid mayor, aldermen and commonalty, in common council, Mall appear necesary; which faid fum fall be rated and assessed by the affeffors of the faid city for the time being, and levied and collected in the same manner as hath heretofore been accur tomed within the said city, for levying and collecting the tax for the maintenance of the poor and other contingent charges within the faid city, and
that the ta x shall be paid into the hands of the chamberlain of the said city for the time being, to be applied and disposed of, from time to time, in fuch manner and proportions for the purpoles herein before men ioned, as the faid mayor, aldermen and commonalty of the faid city, in common councit convened, hall direct and appoint.
III. And be il further enacted by the authority aforesaid, Corporation enpow. That it shall and may be lawful, to and for the mayor, for levelling and pav. aldermen and commonalty of the faid city, in common lugthe streets, &c.
council convened, by ordinances or bye-laws, for that pur. pose to be made and ordained from time to time, and in such manner as they shall jucige to be most conducive to public convenience, to order and dieet the pitching, levelling, forming and paving of such of the fireets of the faid city, as the faid inayor, aldermen and commonalty of the faid city, in common council convened, shall from time to time, in their discretion, by any such ordinance or bye-law, defignate and appoint; and that for the better effecting thereof, the faid mayor, aldermen and commonalty, in com mon council convened, shall and may cause an estimate or estimates of the expence of conforming to any such ordinance or bye-law, and a just and equitable assessment thereof, among the owners or occupants of all the houfes and lots intended to be benefited thereby, in proportion, as nearly as may be, to the advantage they shall be deemed respectively to acquire thereby : And in order that the fame may be impartially performed, the faid mayor, aldermen and commonalty, in common council convened, shall, from time to time, appoint five fufficient and disinterested freeholders for every such purpose, who shall, before they enter upon the execution of their trúft, be duly sworn, before the mayor or recorder of the said city, to make the faid estimate or aflefsment, fairly and impartially, according to the best of their Ikill and judgment, and a certificate in writing, of fuch estimate and affefi. ment, being returned to the said mayor, aldermen and commonalty, in coma mon council convened, shall be binding and conclusive upon the owners and occupants of such houses and lots, lo to be assessed respectively, and such. owners and occupants respectively, shall thereupon become and be liable and chargeable, and they are hereby required upon demand to pay to such perfon or persons as shall be authorised by the said mayor, aldermen and commonalty, by their resolution or order for that purpose to be made in common council, to receive the same; and in default of payment thereof, it shall and may be lawful to and for the mayor, recorder and aldermen of the faid city, or any three of them whereof the mayor or recorder always to be one, by warrant under their hands and seals, to cause the said sum or sums of money so aflefled, to be levied by distress and sale of the goods and chattels of the owner or occupant of such house or lot so aflefled, and refusing or neglecting to pay the fame, rendering the overplus, if any there be, after de. ducting the sum allefled and the charges of distress and fale, to such owner or occupant, or his or her legal representatives. Provided, That it shall be
Proviso. Corporr. lawful to and for the said mayor, aldermen and commonfion to directe certain alty, in common council convened, in and by any of the done by the owners said ordinances or bye-laws, to direct and establish certain
rates at which any labour or materials performed or furnish
ed by any such owner or occupant, for and towards the completing of such pavement in the manner and in the proportion directed and prescribed in and by any such ordinance or bye-laus, Trail be credited on the said a felment.
of such houfesthall be credited.