of England above others. paffed the twenty-first day of September, one thousand feven hundred and forty-four, entitled, An act to alter the time of electing veftrymen and church-wardens in Richmond county; and alfo certain parts of one other act, paffed the twenty-ninth day of November, one thousand seven hundred and forty-five, entitled, An act to enable the inhabitants of the city of New-York, to choose annually, two veftrymen for each respective ward within the faid Implying a pre-emi. city; which do grant certain immunities, emoluments and rence of the church and privileges to the epifcopal church, or that mode of religious worship commonly called the church of England, in the city and county of New-York, and the counties of Richmond, Queen's and Westchester, and do extablish and maintain the minifters of that denomination within the faid counties, and do alfo declare or imply a pre-eminence or diftinction of the faid epifcopal church, or church of England, over all other churches, and other religious denominations; Such acts repealed. Be it therefore further enacled by the authority aforefaid, That the faid acts for fettling the miniftry, and railing a maintenance for them in the city of New-York, counties of Richmond, Westchester and Queen's county, for granting fundry privileges and powers to the rector and inhabitants of the city of New-York, of the communion of the church of England, as by law eftablished, for the better explaining and more effectually putting in execution an act of the general affembly, entitled, An act for fettling the ministry and railing a maintenance for them in the city of New-York, county of Richmond, Westchester and Queen's county, for the more equal and impartial affeffing the minister and poor's tax to be raised in the city and county of New-York, Queen's county, Westchester county, and the county of Richmond, for altering the time of electing veftrymen and church-wardens in Richmond county; and alfo fuch certain parts of the act for enabling the inhabitants of the city of New-York, to choose annually two veftrymen for each refpective ward within the faid city, as do imply fuch pre-eminence and distinction, be, and are hereby declared to be fully and abfolutely abrogated, abolished, annulled, repealed and made void, as inconfiftent with, and repugnant to the conftitution of this flate: And it is hereby Equality between further declared, That nothing in this act contained, shall in religious denomina- any wife be conftrued or understood, to give any kind of pre-eminence or diftinction to the epifcopal mode of religious worship within this ftate; but, that an univerfal equality between every religious denomination, according to the true fpirit of the conftitution towards each other, fhall forever prevail. tions. firm any power but tion had the 19th April, 1775. VII. And be it further enaked by the authority aforefaid, This act not to con- That nothing in this act contained, fhall be deemed, efteemfch as the corpora- ed, adjudged or conftrued, to enlarge or confirm any right, power or authority, but fuch as the faid corporation legally had, held and enjoyed on the nineteenth day of April, one thousand feven hundred and feventy-five, and fuch other powers, rights and authorities, as are expressly given by this act. CHA P. XXXVIII. An ACT to repeal an A&, entitled, An Act for settling a Miniftry and raifing a Maintenance for them in the City of New-York, County of Richmond, Westchester, and Queen's County, andal o the feveral Alls therein mentioned. Paffed 20th April, 1784. acts herein after of fundry enumerated, paffed by the legiflature of the late Preamble. WHEREAS by virtue Acts of the Late co colony of New-York, the inhabitants in the city and county of New-York, county of Richmond, Westchester and Queen's county, without diftinction, have for many years been compelled to pay taxes for the fupport of the epif copal clergy in the faid counties, contrary to every principle of justice and found policy; And whereas by colour of fuch laws it has been pretended, that the epifcopal churches were established in the faid counties, and claims in confequence thereor nave been fet up, and profecutions commenced inju rious to the rights and privileges of other religious denominations, to the great vexation and diiquiet of the good people of this ftate; And whereas, although the fpirit of the faid laws are repugnant to the conflitution of this flate, as tending to establish and maintain a particular denomination of chriftians, and the minilters thereof, it appears nevertheless incumbent on the legislature of this itate, in order to remove every ground of uneafinefs that may arise from fuch pretended claims in future, that the faid laws should be repealed; I. ise here, ore enacted by the people of the fate of New-York, reprefented in fenue and assembly, and it is hereby enacted by the authority of the jame, That the act, entitled, An act for fettling a miniftry and raising a my tepaled. maintenance for them in the city of New-York, county of Richmond, Westchester and Queen's county, pafled the 22d day of September, in the year of our Lord 1693; and also an act, entitled, An act for the better explaining and more effectual putting in execution an act of general affembly, entitled, An act for fettling a miniflry and raising a maintenance for them in the city of New-York, county of Richmond, Westchester and Queen's county, paffed the 4th day of Auguit, 1705; and alfo the act, entitled, An act for the more equal and impartial affeffing the minifter and poor tax, to be raised within the city and county of New-York, Queen's county, Weftchefter county, and county of Richmond, paffed the 27th day of July, 1721; and alfo the act, entitled, An act to oblige all perfons that fhall come to inhabit or refide in the city of New-York, in order to expofe any goods, wares or merchandizes to fale, at any time after the annual afleflment made for the tax, for the maintenance of the minifter and poor of the faid city, to pay their due proportion towards the fame, pafled 27th November, 1741; and alfo an act to revive an act, entitled, An act to oblige all perfons that fhall come to inhabit or refide in the city of New-York, in order to expofe any · goods, wares or merchandizes to fale, at any time after the annual afiefliment made for the tax, for the maintenance of the minister and poor of the faid city, to pay their due proportion towards the fame, paffed the 14th of May, 1745; and alfo the act, entitled, An act to enable the inhabitants of the city of New-York, to chufe annually two veftrymen for each refpective ward within the faid city, paffed the 29th November, 1745; and alfo the act, entitled, An act for the further explaining and rendering more effectual the two acts therein mentioned, fo far as they relate to the city of New-York, pafled the 19th February, 1756; and alfo an act, entitled, Án act to revive an act, entitled, An act to oblige all perfons that hall come to inhabit or refide in the city of New-York, in order to expofe any goods, wares or merchandizes to fle, at any time after the annual affeffinent made for the tax, for maintenance of the minifter, and poor of the faid city, to pay their due proportions towards the fame, pafled the 11th September, 1755; and alfo an act, entitled, An act to amend an act, entitled, An act for fettling a miniflry, and raifing a maintenance for them in the city of New-York, county of Richmond, Weftchefter and Queen's county; and an act, entitled, An act to enable the inhabitants of the city of New-York, to chufe annually two veftrymen for each refpec tive ward within the faid city, fo far as the fame relates to the election of the church-wardens and veftrymen of the city of New-York, pafled the 27th day of January, 1770; and an act, entitled, An act for altering the time of affelling and collecting the taxes, for the fupport of the minister and the poor in the city of New-York, paffed the 31ft day of January, 1775; and an act, entitled, An act against Jefuits and Popish prietis, pafled the 311t day of July, 1700; and all and every of them fhall be, and hereby are repealed. c33. I. CHA P. XL. Amended 13th fell. An ACT to afcertain the Quality of Pot and Pearl Ahes. No potor pearl afhes infpection. That no perfon or perfons whatfoever, fhall fhip any pot or to be shipped before pearl afhes for exportation, before he fhall firit fubmit the fame to the view and examination of an infpector to be appointed for that purpose, who fhall ftart the fame out of the cafks, and carefully examine, try and infpect the fame, and fort the fame in three different forts, if neceflary; that the faid injector fhall put each fort Infpector's duty. by itself into tight cafks, well hooped and coopered, which he fhall diftinguifh by the words, first fort, fecond fort, or third fort, with the words, pot, or pearl afhes, branded in plain legible letters, together with the letters of his name, and the place where fuch pot or pearl afhes are fo infpe&Allowance to the ed, at full length, on each of the cafks; for which fervices, infpectors. and alfo for the additional fervice of repacking the faid por or pearl afhes, and putting the cafks in fuch condition as they were in when brought to him for infpection, and for weighing the fame, and delivering to the proprietors an invoice or weigh note, under his hand, of the weight of each cafk, the faid inspector fhall have and receive fix-pence for every hundred weight fo infpected, one half to be paid by the purchafer, and the other half by the vendor. Provided, That if any fuch cafk or cafks fhall, in the judgment of the infpector, be unfit for fhipping, fuch further cooperage, or fuch new cafks as may be neceffary, fhall be made or done at the expence of the vendor. II. And be it further enacted by the authority aforef.id, Weight of cafk to That fuch infpector, at the time of starting the faid pot or be marked thereon. pearl afhes for infpection, fhall weigh the cafk or cafks, and mark the weight with a marking iron on each head thereof. Mode of fettling alhes. III. Provided always, and be it further enacted by the authority aforefaid, That if any difpute fhall arife between fuch infpector and difputes about the any poffeffor of fuch pot or pearl afhes, concerning the quaquality of pot or pearl lity thereof, upon application to any magiflrate within the city or county where the fame may happen, fuch magiftrate fhall, and is hereby required to iffue a warrant to three indiferent judicious perfons of skill and integrity, to be viewers to view and fearch the faid pot or pearl afhes, as the cafe may be; one of the faid perfons to be named by the poffeffor of fuch pot or pearl afhes, another of them to be named by the infpector, and the third to be named by the magiflrate; which three perfons fhall be duly fworn carefully to examine the faid pot or pearl afnes, as the cafe may be, and make report, as foon as conveniently may be, of the qory on board of any vedel thereof, as they find the fame: And the faid magiftrate is hereby empowered and required to give judgment agreeable to the report of the faid three viewers, or any two of them; and in cafe the faid pot or pearl afhes are adjudged to be of the quality or qualities as diftinguished by the inspector, the faid magulrate is hereby authorised to direct the faid pot or cearia fhes, to be branded by the faid inspector agreeable to fuch diftinction, and a alfo award and order the owner or poffeffor of the faid pot or pearl afhes, to pay to fuch infpector fix-pence for each hundred weight for all fuch pot or-pearl afhes as fhall be adjudged as aforesaid, with reafonable cofls and charges; but in cafe the faid pot or pearl afhes upon trial fhall be found to differ in quality from the faid infpector's judgment thereon, the cofis fhall be paid by the infpector. IV. And be it further ended by the authority lovefaid, Infpectar may go That every fuch infpector fhall have full power an autho to fearch for pot or rity, by virtue of this act, and without further or other warpearl afhes, &c. rant, to enter on board of any ship, floop or veflel whatfoever, lying or being in the harbour where fuch inspector is authorised to infpect pot or pearl afhes, to fearch for and make difcovery of any pot or pearlalhes fhipped or fhipping on board any fuch vefiel for exportation out of this flate: And if fuch infpector fhall on fearch difcover any cafk or cafks of pot or pearl afhes not branded as before directed, the perfon or pertons fo fhipping, or having fhipped the fame, fhall forfeit all and every fuch cafk or cafks of pot or pearl afhes fo fhipped or hipping, and not branded in the manner herein before directed; and the mafter or commander of any fuch veffel, who fhall receive any fuch cafk or cafks of pot or pearl afhes not branded as aforefaid, fhall forfeit the fum of five pounds; and if any matter of any fhip or veffel, or any of his fervants or feainen, fhall obftruct or hinder the faid infpector in making fuch fearch as aforefaid, every perfon fo offending, fhall, for fuch offence, forfeit the fuum of ten pounds. V. And be it further enucled by the authority aforesaid, Infpectors how to That the governor or perfon adminiftring the government be appointed. of this state for the time being, by and with the advice and confent of the council of appointment, fhall, and is hereby authorised and required to appoint one or more fit perfon or perfons to be inspector or infpectors of pot and pearl afhes, in each fuch city or county of this flate, as to the faid governor and council fhall appear neceifary; and if any fuch infpector or infpectors fo appointed, fhall, by any accident, be rendered incapable, or fhall neglect to execute the faid office, or misbehave himfelf or themselves therein, or fhall die, then, and fo often, and from time to time as fuch cafes may arife, it fhall and may be lawful for the faid governor, or perfon adminiftring the government, by and with the advice and confent of the faid council of appointment, to appoint other fit and capable perfon or perfons in his or their flead, who fhall thereupon be the injector or infpectors for putting this act in execution, with all the powers, and fubject to all the penalties defcribed in this act; and each of the infectors fo to be appointed by virtue of this act, fhall, before he enters upon the execution of his office take and fubfcribe an oath before a magiftrate of this flate, in the words following, viz. I do folemnly fwear, That I will faithfully, truly and impartially, to the best of my judgment, fill and understanding, execute, do and perform the office and duty of an infpeéter and examiner of pot and pearl afhes, according to the true intent and meaning of a law of this state, entitled, An act to afcertain the quality of pot and pearl afhes; and that I will not, directly or indirectly, by myfelf, or by any other perfon or perfons for me, buy or fell any pot or pearl afhes during the time I continue infpector of the fame, on my own account, or upon the account of any other perfon or perfons whomfoever. So help me God. VI: be it further enailed by the authority aforefaid, Penalty on delin- That if any inspector of pot or pearl afhes, not then employquent inspectors. et in the examination and infpection of pot or pearl afhes (according to the dudes required by this act) fhall, on application made for the examination of any pot or pearl afhes as aforefaid, refufe, neglect or delay to proceed to fuch examination and infpection, for the space of three hours after fuch application fo made to him, the infpector fo refufing, neglecting or delaying to make fuch examination and inspection, fhall, for each offence, forfeit the. fum of twenty fhillings, to the ufe of the perfon or perfons fo delayed. VII. And be it enacted by the authority aforefaid, That Penalty on counter if any perfon or perfons fhall counterfeit any of the aforefeiting brand marks. faid brand marks, or imprefs or brand the fame on any cask cafks of pot or pearl afhes, knowing fuch brand mark or impreffion to be counterfeit, he, fhe or they, being thereof legally convicted, fhall forfeit and pay the fum of fifty pounds. cafk branded, to put VIII. And be it further enacted by the authority aforesaid, Penalty on emptying That if any perfon fhall empty any cafk or calks of pot or in other pot or pearl pearl afhes branded as aforefaid, in order to put in other pot out the brand marks. Or pearl afhes for fale or exportation, without firft cutting out the faid brand marks, the perfon or perfons fo offending, athes without cutting fhall refpectively forfeit the fum of fifty pounds. ures, haw recovered IX. And be it further enacted by the authority aforesaid, Fines and forfeit That all the fines and forfeitures mentioned in this act, fhall and applied. be recoverable in the fame manner as other debts of the fame value are recoverable by the laws of this ftate, by fuit, bill, plaint or information, wherein no effoin, protection or wager of law, or any more than one imparlance fhall be allowed; the one moiety of all which fines and forfeitures (except fuch as are herein before otherwife applied) when recovered, shall (after deducting the neceflary cofts) be immediately paid into the hands of the treasurer of this fate, toward the fupport of the government thereof, and the other half to the officer or other perfon who will fue for the fame. afhs to be infected portation. X. Ad be it further enacted by the authority aforefaid, All pot and pearl That all pot or pearl afhes fhipped for exportation from where shipped for ex- any port of this ftate, fhall be infpected at the place where the faid pot or pearl afhes may be fo fhipped for exportation out of this ftate, having the name of the place where it fhall be shipped, and the letters of the infpector's name who has inspected and examined the fame as before directed. CHA P. XLII. ch. 32. Amended 13th teff. Az ACT to refrain the feeding and burning the Grass, and cutting the Timber on certain Beaches and Islands inercin n.entioned. I. Paffed 24th April, 1784. B E it enafied by the people of the flate of New-York, repreed in fenale and affembly, and it is hereby enacted by the author of the fame, That from and after the first day of May next, no horfes, neat cattle, facep |