any monies which may come in the treasury hereafter by virtue of the act entitled "An act for raising £100,000 within the several counties therein mentioned, passed at this present meeting of this legislature. torney And be it further enacted by the authority aforesaid, That it shall and Egbert may be lawful for the treasurer of this State to pay unto Egbert Benson Benson, atEsquire attorney general of this State the sum of five hundred pounds general. on account of his passed services. cates is act made And be it further enacted by the authority aforesaid, That all certifi- Certifi cates given by the treasurer in virtue of this act shall be negotiable and sued unmay be received in payment for estates sold by virtue of the act entitled der this "An act for the speedy sale of the confiscated and forfeited estates negotiable. within this State and for other purposes therein mentioned" passed at the present meeting of the legislature, other than for sales to be made. for the new emission, or for certificates granted for the depreciation of pay to the line of this State in the service of the United States, and also in payment for the waste and appropriated lands to be sold in this State. tain oath imposing Whereas by an act passed the twenty second day of March in the Proviso, as present year entitled "An act imposing duties on the importation of to a cer certain goods wares and merchandize," it was intended to exempt from in the act the duties therein mentioned such goods wares and merchandize as were duties. originally shipped and consigned to any other of the United States of America, but by the mode in and by the said act prescribed for ascertaining such goods wares and merchandize, the intention of the said act in this respect might in some instances be frustrated, as in many cases the bills of lading according to the custom of merchants in like cases will not express the port for which the said goods wares and merchandize were finally destined. amended Be it therefore enacted by the authority aforesaid That so much of the Act twelfth clause of the said act as is comprized in the words following as to such viz. "And I do further swear or affirm, that for the goods mentioned oath. in this manifest to be bound elsewhere I have actually signed bills of lading for that purpose at the place they were taken on board,” be and the same is hereby repealed; and that instead thereof the captain or consignee of the ship or other vessel in which such goods wares or merchandize are or shall be imported, shall in addition to the other oaths or affirmations in the said act mentioned, except the oath or affirmation above recited and repealed, take the following oath or affirmation viz. And I do further swear that the goods mentioned in this manifest to be bound elsewhere were bona fide shipped and intended for naming the place to which such goods are intended to be reexported; and that it shall be lawful upon taking the oath herein prescribed, and complying with such further directions and giving such bond as in the said act are specified, to reexport such goods to the place or places of destination free of the duty imposed in the said act, anything in the said act to the contrary in any wise notwithstanding. Preamble. Persons falling within classes named CHAP. 66. AN ACT to preserve the freedom and independence of this PASSED the 12th of May, 1784. Whereas It is of great importance to the safety of a free government, that persons holding principles inimical to the Constitution, should not be admitted into offices or places of trust, whereby they might acquire an immediate influence in the direction of its councils. And whereas some of the citizens of this State, entertaining sentiments hostile to its independence have taken an active part in the late war in opposition to the present government, and it would be improper and dangerous that such persons should be suffered to hold or enjoy any such office or place of trust within this State. And whereas it is the duty of the legislature to pursue every reasonable and proper measure to secure the government from being disturbed and endangered. Be it therefore enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That all and every person or persons, natives or others, who adjudged being resident in this State, or any other of the United States, on the guilty of ninth day of July in the year of our Lord one thousand seven hunmisprision of dred and seventy six, and who have at any time since the said ninth day treason. of July in the year of our Lord one thousand seven hundred and seventy six, accepted, received, held or exercised, any military commission or commissions whatsoever, by or under any authority derived from the king of Great Britain; and every person or persons who being resident within this State, or any other of the United States as aforesaid, on the ninth day of July one thousand seven hundred and seventy six aforesaid, who have armed or fitted out, or who have been concerned in fitting out, any privateer or privateers, or vessels of war, to cruise against or commit hostilities upon the vessels, property and persons of any of the citizens of the United States, or against their allies; and every person or persons whatsoever, who being resident in this State, or any other of the said United States, on the ninth day of July in the year of our Lord one thousand seven hundred and seventy six aforesaid, and who have served on board such privateers or vessels of war, in the condition or capactity of captain lieutenant or master; and also every person or persons who being resident in this State, or any other of the United States, on the ninth day of July one thousand seven hundred and seventy six aforesaid, and who since that time have accepted, held or exercised any official commission or appointment, in the board or boards of police instituted and established in the southern district of this State, during the late war, by virtue of, and under authority derived from the king of Great Britain; and also every person or persons whatsoever who being resident in this State, or any other of the United States, on the ninth day of July one thousand seven hundred and seventy six aforesaid, and who since that time have accepted, received, held or exercised any office commission or appointment whatsoever, in the court of admiralty instituted and established in the southern district of this State, during the late war, by virtue of authority derived from the king of Great Britain as aforesaid; and also all and every person or persons whatsoever, who being resident in any of the United States, except this State, on the ninth day of July one thousand seven hundred and seventy six aforesaid; and who at any time since that day and during the late war, have fled or removed from such of the said states of which such person or persons were respectively resident, on the 9th day of July aforesaid, and who have gone over to, joined or put himself or themselves under the power and protection of the fleets or armies of the king of Great Britain aforesaid; and all and every person and persons who being resident in this State on the ninth day of July one thousand seven hundred and seventy six aforesaid, and who since that day, have voluntarily gone over to, remained with, or joined the fleets and armies of the king of Great Britain aforesaid at any time during the late war; who has or have left this State on or before the tenth day of December in the year of our Lord one thousand seven hundred and eighty three, and who have not returned and who shall hereafter be found within this State, such person or persons so found, shall be, on conviction thereof, adjudged guilty of misprision of treason. Provided always, that noth- Proviso, as ing in this act contained, shall be taken or deemed to affect any person to minone who, at the time of committing any of the offences aforesaid, was a minor under sixteen years of age or a person insane. And provided Proviso, as also, that it shall and may be lawful for any such person or persons, property whose estates respectively may be attached by any law of this State and attached. advertisement made thereof agreeable to such law, to come and remain within this State for so long a time as may be absolutely necessary to defend his her or their suit; anything in this act to the contrary thereof in any wise notwithstanding. to where scribed, as certain forever voting or And be it further enacted by the authority aforesaid, That all and every Persons person or persons falling under any of the descriptions herein before above dementioned and the descriptions mentioned in the twelfth section of the well as act entitled "An act to regulate elections within this State," passed the others, twenty seventh day of March one thousand seven hundred and seventy disqualieight, and who has or have not left this State, are hereby for ever dis- fled, from qualified and rendered incapable of holding, exercising or enjoying any holding legislative, judicial or executive office or place, whatsoever within this office. State; and shall and hereby is and are, for ever disqualified and incapacitated to elect or vote either by ballot or viva voce at any election to fill any office or place whatsoever within this State, and if any person shall offer himself as an elector, at any election hereafter to be holden for an office or place within this State, and shall be suspected of, or charged to be within any of the descriptions aforesaid, it shall be lawful for the inspectors or superintendants (as the case may be) to inquire into and determine the fact whereof such person shall be suspected or wherewith he shall be charged as the cause of disqualification aforesaid on the oath of one or more witness or witnesses, or on the oath of the party so suspected or charged, at their discretion; and if such fact shall in the judgment of the inspectors or superintendants, be established, it shall be lawful for them and they are hereby required to reject the vote of such persons at such election. Provided always, that if it shall ap- Proviso, as pear to the satisfaction of the inspectors or superintendants at any elec- to fear and tion, that any person offering himself as an elector, has, during the late sion, and war, within the southern district, by fear or compulsion accepted held tary acts. or exercised any such office commission or appointment, or may have involuntarily done any act or acts which by the said section would have disqualified him from holding any office or from being an elector had the same been voluntarily done, and that such person otherwise has uniformly behaved as a friend to the freedom and independence of the United States, the inspectors shall admit such persons to give his note involun Persons named may re within the tation. at any such election, any thing in this act to the contrary notwithstanding. Whereas a very respectable number of citizens of this State, well attached to the freedom and independence thereof, have entreated the legislature to extend mercy to persons herein after mentioned, and to restore them to their country. Be it therefore enacted by the authority aforesaid, That Gysbert Merselius, Henry Staats, John Stevenson, Henry Van Dyck, John Van main Allen, Henry Van Schaack, David Van Schaack, Harman Pruyn, WilState with- liam Rea, Myndert Viele, William Lupton, Cadwallader Colden, Walter out moles- Dubois, Cornelius Luyster, Andrew Graham, John Thurman, Samuel Fowler, Joseph Mabbet, John Green, Dirck Van Vlect, Jost Garrison, John Booth, Rolef Elting, Solomon Elting, Richard Harrison, James Smith and Benjamin Lapham, shall be and every of them are hereby permitted to return to and reside within this State without any molestation, and therein to remain until the end of the next meeting of the legislature, or until further legislative provision shall be made in the premises, anything in the act entitled "An act more effectually to prevent the mischiefs arising from the influence and example of persons of equivocal and suspected characters in this State," passed the 30th day of June 1778, to the contrary thereof in anywise notwithstanding. INDEX. A. ACCESSORIES. See COURTS. ACCOUNTS. - Enemy, with persons within lines of — chap. 1, 6th sess.. Public, settlement of -- chap. 21, 5th sess. 430; chap. 4, 6th sess. Colonial: ... ACTS AMENDATORY AND SUPPLEMENTARY. highways in Albany and Tryon counties - chap. 24, 2d sess. First session : 499 341 503 374 670 chapter ten chap. 21, 1st sess chapter twenty-nine chap. 32, 2d sess. 134; chap. 4, 3d sess. 148; chap. chapter thirty-three chap. 46, 1st sess. 86; chap. 13, 3d sess. chapter forty-seven chap. 10, 2d sess. Second session: chapter six chap, 16, 3d sess. 161; chap. 12, 4th sess. 311; chap. 1, 5th chapter nineteen chap. 77, 3d sess. chapter forty-four chap. 9, 4th sess. 305; chap. 21, 4th sess. chapter twenty-eight-chap. 54, 6th sess.. chapter fifty-one - chap. 13, 4th sess. 311; chap. 51, 4th sess chapter fifty-four-chap. 66, 3d sess.. chapter fifty-six- chap. 1, 4th sess.. chapter sixty-four- chap. 72, 3d sess... 119 195 152 60 165 304 157 99 405 162 150 420 283 583 334 264 291 278 485 541 325 361 537 461 533 700 |