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No profecution for That no action, fuit or profecution, for any imprisonment, the American cause. efcape, affault, battery, or trefpafs, done or committed by any fuch perfon or perfons, with intent to further the common cause of America, from and after the nineteenth day of April, in the year one thousand seven hundred and feventy-five, and before the first day of January laft, fhall be commenced, fued, brought, or profecuted by bill, plaint, indictment or information, by any perfon or perfons whomfoever, until the further order of the legiflature: And that any perfon or perfons againt whom any fuit or action fhall be commenced for fuch imprisonment, elcape, allault, battery or trefpafs, either by bill, plaint, indictment or information, shall and may plead this act in bar, and discharge of fuch fuit, action or profecution; and that in cafes where any fuch fuit, action or profecution has already been commenced, and not determined, the defendant or defendants may give in evidence this act, on the trial, upon any ifiue already joined or to be joined: Provided, That nothing herein contained, fhall affect any action, fuit or profecution, in which judgment has been rendered, and execution awarded and levied.

forfeit treble the va

Jue.

CHA P. XLIII.

A ACT more effectually to prevent the purchafing or receiving Articles of public Property, from the Solliery. Pafled 21st March, 1783. Eit 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 fume, That if Perfons purchafing any perfon or perfons whofoever, within this flate, fhall from the foldiery, to directly or indirectly purchase, or fhall take or receive for his, her, or their own ufe, or for the ufe of any other perfon or perfons, from any non-commiflioned officer or private of the army of the United States of America, any arms, accoutrements, cloathing, or other munition of war; the perfon or perfons fo purchafing, taking or receiving, fhall forfeit treble the value of the fame, to be fued for and recovered with cofts of fuit, before any juftice of the peace of the county where the offence fhall arife, by any perfon who will fue for the fame; the one moiety thereof to the profecutor, and the other to the ufe of the poor of the district where the conviction fhall happen, and be subject to indictment for an offence against the people of this ftate.

LAWS of the State of NEW-YORK,

Paffed in the Seventh Seffion of the Legiflature, held at the City of New-York.

Amended 14th feff.

ch.27.

Preamble.

CHA P. IV.

An ACT for the Regulation of Sales by Public Auction.
Paffed 20th February, 1784.

WH

HEREAS it is neceflary that provision should be made for the better regulation of fales at public vendue

or auction within this ftate;

to be ftruck off to the

I. Be it therefore 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 all goods, wares, merchandize and effects whatfoever, which Goods expofed to fhall or may, at any time or times, from and after the paflfale at public vendue ing of this act, be expofed to fale at public vendue, auction highest bidder, and or outcry within this ftate, by any vendue-mafler or venduefubject to a duty of 2 mafters, auctioneer or auctioneers, or by any perfon whatand 1-2 per cent. foever, who fhall be duly qualified and licenced as by this act is hereafter prefcribed and directed, fhail be ftruck off to the higheft bidder; and fhall be, and hereby are declared to be made fubject to a duty of two pounds ten fhillings, for every hundred pounds of the value or price at which the fame fhall be fold as aforelaid, and at and after the fame rate, for every greater or leffer fum, to be paid by fuch'perfon or perfons, who fhall fo fell and difpofe of the fame; and in all cafes where the venduemafter or auctioneer, or the owner or owners of fuch goods fo expofed to fale, or any perfon or perfons employed by them, or any or either of them, fhall be the higheft bidder, the faid goods fhall be iubject to the payment of the faid duties, as if they had been ioid to any other perfon.

out licence.

II. And be it further enatied by the authority aforefald, That no perfon or perfons whatsoever, other than fuch perfon or perfons authorised and No per fons to fell licenced in the manner herein after preferibed, fhall, from goods at vendue with- and after the paffing of this act, fell, difpofe of, or expofe to fale, at public vendue, auction or outcry, within this ftate, any goods, wares, merchandize or effects whatsoever; and that it fhall and may be lawful, to and for the perfons herein after mentioned and described, by licence under their hands refpectively, to authorife and empower fuch perfon or persons, citizen or citizens of this ftate, or any other of the United States of America, as fhall or may apply for the fame, qualified as in and by By whom licences this act is required and prefcribed, to act as vendue-mafter or are to be granted. vendue-mafters, auctioneer or auctioneers, in the counties in which fuch perfon or perfons granting fuch licence or licences, fhall refpectively be mayor, recorder or judge: That is to fay, in the city and county of New-York, the mayor thereof, or in cafe of a vacancy in the faid office, the recorder of the faid city and county for the time being; in the city of Albany, the mayor thereof, or in cafe of a vacancy in the faid office, the recorder of the faid city for the time being; and in the county of Albany, and

in the other counties, the firft judge of the inferior court of common pleas of the faid counties, or in cafe of a vacancy in the faid office, or abience of fuch judge, either of the judges of fuch court in the faid counties refpectively.

licences,

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III. And be it further enailed by the authority aforesaid, Perfonts applying for That no licence fhall be granted to any perfon or perfons in the manner herein before mentioned, until fuch perfon or perfons applying for fuch licence, fhall have entered into To enter into recog- a recognizance to the people of the ftate of New-York, with two fufficient freeholders as fureties, before the mayor, recorder, or judge, who fhall grant fuch licence, in the fum of two thoufand pounds, lawful money of the faid ftate; conditioned for the payment of the duty herein before mentioned, to the treasurer of the ftate for the time being; and alfo that the perfon or perfons licenced as vendue-mafter or venduemafters, auctioneer or auctioneers fhall in all things, well, truly and faithfully, behave and conform himself or themfelves, according to the true intent and meaning of this act: Of the record of which recognizance, the mayor, recorder or judge, before whom the fame is taken, fhall make duplicates, one whereof to be delivered as foon as conveniently may be, to the treafurer of this flate, and the other to be retained by fuch mayor, recorder or judge, in his own poffeffion.

ties as required, forfeit

[The remainder of this claufe, requiring perfons applying for licences to produce a certificate of their characters, is repealed, 9th feff. ch. 29. fec. 2, and the next claufe, being the fourth fection of this act, is repealed, 8th feff. ch. 80. fec.13. and provided for by fec. 14. and 15. of the fame act.] V. And be it further enacted by the authority aforefail, Auctioneers neglect. That if any vendue-mafter or vendue-mafters, auctioneer or ing or refufing to ac count and pay the da- auctioneers, fhall neglect or refufe to deliver fuch account 3004. for each offence. On oath, and to pay the duties within the time limited as aforefaid; he or they fo neglecting or refufing, fhall refpectively forfeit three hundred pounds, lawful money of this ftate, for every fuch offence; which forfeiture the treasurer of the flate for the time being, is hereby empowered and directed to fue for and recover, in the name of and for the people of this state, in any court of record within the fame; and every vendue-mafter or vendue-masters, auctioneer or auctioneers, who shall neglect or refufe to render fuch account, and pay the duty according to the true intent and meaning of this act, fhall be deemed for fuch neglect or refufal to have forfeited his or their licence, and be thereafter difqualified from acting as a vendue-mafter or auctioneer, by virtue thereof.

our licence.

VI. And be it further enaded by the authority aforefaid, That any perfon or perfons who fhall prefume to fell or difpofe of any goods, wares, merchandize or effects by way of public vendue, auction or outcry, without Penalty for felling having previously obtained a licence as in and by this act is goods at vendue with before directed and prefcribed, fhall forfeit the fum of fifty pounds, like money aforefaid, for each refpective article fo expofed to fale; to be recovered in manner as is herein before directed. VII. Provided always, and be it further enacted by the authority aforefaid, That no vendue-mafter or vendue-inafters, auctioneer or auctioneers, shall Ven-due-mafters in expofe to fale by public vendue, auction or outcry, within -York and Alba the cities of New-York or of Albany, any goods, wares, ventus at their houfes merchandize or effects, liable to the duty aforefaid, but at Articles excepted. their respective houfes or ftores, except rum, wine, brandy, molaffes, indigo, rice, coffee, cotton, fugar, cordage, tobicco, mohogany, logwood, brafilletto, fufück, camwood, earthen ware in

By to expofe to file by

nly.

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crates or cafks, and provifions in cafks, under the penalty of ten pounds, like money as aforefid, for every fuch offence, to be recovered in manner as is herein before directed.

ward for their forvi

cent.

Vill. And be it further enacted by the authority af refaid, That any and every vendue-maller or vendue-mailers, auctioneer or auctioneers, who shall receive or accept of any higher or further reward for his or their fervice in Antaneers to re- the fate or difpofal of any goods, wares, merchandize or ceive no higher reffects, which shall or may be committed to his or their ces than 2 and 1-2 per care and management, than at and after the rate of two pounds ten failings for every hundred pounds in value, to which the faid goods, wares, merchandize or effects, by him or them acully fold and difpofed of, fhall amount; unless a previous agreement be male in writing between the owner of fuch goods, wares, merchandize or effects, and fuch vendue-mafer or auctioneer, for a higher or further reward, shall foret the fun of one hundred pounds like money as aforefaid, for every fuch offence; which forfeiture fhall be recovered in the manner herein before directed.

1. Provided always, and it is hereby enacted by the authority aforefid, That all lands and tenements, and goods, belonging to this flate, or the United States of America, and all goods and chattels which fall or may be feized by any public officer, for or on account of any forfeiture or forfeitures, peArticles exempted nalty or penalties, fhips and veffels, goods and effects of from the duty. deceafed perfons, or goods ditrained for rent or taken in execution, effects of infolvent debtors, utenfils of husbandry, goods damaged at fea, and fold for the benefit of the owners or infurers, within twenty days after the fame fhall be landed, under the infpection of the mafter and portwardens of the port of New-York, or of fuch infpector or infpectors as are herein after mentioned; horfes, neat cattle, hogs, fheep, and alfo all articles the growth, produce or manufacture of this fate, fhall in no wife be fubject to, but are hereby exempted and declared free from the duty above mentioned, and may be fold by any perfon or perfons being a citizen or citizens of this flate, in any part of this flate, other than the city and county of NewYork, any thing herein before contained to the contrary in any wife notwith landing. And that goods damaged at fea, and fold for the benefit of the owners or infurers, in any other city or county in this ftate than the city of New-York, fhall be fold under the infpection of fuch perfon or perfons as fhall be thereunto appointed by the civil officers in fuch city or county refpectively, who by this act are authorifed to grant licences to vendue-mafters or auctioneers; and the faid civil officers are hereby authorised and required to appoint, in each fuch city or county, one or more, not exceeding three difereet perfons, to be inspectors of fuch damaged goods as aforefaid.

X. And be it further enadied by the authority aforesaid, Blmen or criers That no bellman, or crier, fhall be employed at any vendue when to be employed. or auction in the city of New-York, except at the fale of fuch articles as by this act are allowed to be fold at other places than the refidence of the refpective vendue-maflers or auctioneers; and that every perfon acting as bellman, or crier, at any vendue or auction in the city of NewYork, except as before excepted, shall forfeit and pay for every fuch offence, the fam of twenty fillings, with co is of fuit, to any perfon who will firit fue for the fame, before any of the aldermen of the faid city.

ences and recogni

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Officers fees on li- XI. And be it further enacted by the authority aforefa'd, That the mayor, recorder, or judge, who fhall grant uch licence and take fuch recognizance in manner as by this act is required, shall not exact or receive any greater or other fees than the fum often fhillings, for taking the faid recognizance, and granting the faid licence as aforefaid.

XII. And be it further enacted by the au horiy aftrefaid, That the treafurer of the ftate for the time being, fhall, and is hereby required, to keep exact and diitinet accounts of the monies to arife from time to time, by virtue of this act.

XIII. And be it further enacted by the authority aforefaid, That if any perfon fhall be guilty of any fraud or deceit in the execution of this act, or in eluding or defeating the operation thereof; fuch perfon fhall, on being legally convicted thereof, forfeit the fum of five hundred pounds, as a penalty for every fuch offence; when recovered, to be paid, the one half to the treafurer of the ftate, for the use of the flate, and the other half to the use of the perfon who fhall fue for the fame.

CHA P. VIII.

An ACT to enable the Freeholders of the Town of Huntington, to hold their annual Town Meetings on the first Tucfday in April.

Pafled 17th March, 1784. HEREAS the trufices of the frecholders and commonalty of the

WHEREAS and compunoon in

town of Huntington, in Suffolk county, by their petition in behalf of themselves and the faid freeholders, have fet forth, that by their charter, bearing date the fifth day of October, in the year of our Lord one thoufand fix hundred and ninety-four, they are obliged to hold their annual townmeetings on the first Tuesday in May, which is found to be attended with great inconvenience, and have prayed the legislature to enable them to hold the faid meetings at an earlier period;

Be it therefore enacted by the people of the fate of New-York, represented in fenate and affembly, and it is hereby ena ed by the arhority of the fame, That from and afer the pafling of this act, it fall and may be lawful, to and for the freeholders and inhabitants of the town of Huntington atorefaid, to hold their annual town meetings on the firft Tuefday in April in every year, Amul town-mce- and on no other day; and then elek truflees, a fupervifor, gs of Huntington to town-clerk, affeflors, conftabies, overfeers of the poor, overTuefay in April. feers of the highways, and fence viewers; and at fuch annual town-meetings, to make all fuch rules and regulations refpecting the faid town, and to tranfact all fuch butinefs in the fame manner as it was lawful for them to do at their annual town-meetings heretofore; any law, ufage or cuftom, to the contrary in any wife notwithstanding.

be held the first

CHA P. IX.

An ACT to remove Doubts which may have arisen reft efling the Charter
Rights of the Minifer, Elders and Dracens of the Reformed Proteftant
Dutch Church of the City of New-York, in Confequence of the late Inva-
fron of this State.
Pafied 17th March, 1784.

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WHEREAS the operation of the clarer of incor

poration, to the minifler, ellers en 1 dearers, ofthe mearea belvéwar. reformed pretellant Dutch church, of the cly of Newer

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