negligence or involuntary, the defendant or defendants fhall be admitted to plead a disclaimer, and that the trefpafs was by negligence or involuntary, and a tender or offer of fufficient amends for fuch trefpafs before the action brought, whereupon, or upon fome of them, the plaintiff or plaintiffs fhall be enforced to join iffue; and if the faid iffue be found for the defendant of, defendants, or the plaintiff or plaintiffs fhall be nonfuited, the plaintiff or plaintiffs fhall be clearly barred from the said action or actions, and all other fuits concerning the fame.

XXXI. And be it further enacted by the authority aforefaid, That no dilatory plea fhall hereafter be received in any court of record, unless the party offering fuch plea, do, by affidavit, prove the truth thereof, or fhew fome probable matter to the court, to induce them to believe that the fact of fuch dilatory plea is true.

XXXII. And be it further enabled by the authority aforesaid, That all grants and conveyances made fince the eighth day of March, in the year of our Lord one thousand feven hundred and seventy-three, or hereafter to be made, by fine or otherwife, of any manors, meffuages, lands, tenements or rents, or of the reverfion or remainder of any meffuages, lands or tenements, shall be good and effectual, to all intents and purposes, without any attornment of the tenants of any fuch manors, meffuages, lands or tenements, or of the lands out of which fuch rents fhall be iffuing, or of the particular tenants upon whofe particular eftates any fuch reverfions or remainders were, shall or may be expectant or depending, as if their attornment had been had and made. Provided nevertheless, That no fuch tenant fhall be prejudiced or damaged by payment of any rent to any fuch grantor or cognizor, or by breach of any condition for non-payment of rent, before notice given to him of fuch grant, by the conufee or grantee.

XXXIII. And be it further enacted by the authority aforefaid, Warranties by tenants That all warranties which have been made fince the faid for life, void against thofe in reverfion or eighth day of March, in the year of our Lord one thousand remainder, &c. feven hundred and feventy-three, or which fhall hereafter be made, by any tenant for life, of any lands, tenements or hereditaments, the fame defcending or coming to any perfon in reverfion or remainder, fhall be void and of none effect; and likewife, all colateral warranties which have been made fince the faid eighth day of March, in the year of our Lord one thousand feven hundred and feventy-three, or which fhall hereafter be made, of any lands, tenements or hereditaments, by any anceffor who had or has no eftate of inheritance in poffeffion in the fame, at the time of making fuch warranty, fhall be void against his heirs.

of diffeifor not to toll

diffeifor had peacea

years.

XXXIV. And be it further enacted by the authority aforefaid, The dying feifed That the dying feifed of any diffeifor of or in any manors, take away the lands, tenements or other hereditaments having no right or entry of any perfon Laving lawful title title therein, fhall not be taken or deemed any fuch defcent of entry, unless fuch in the law, as to toll or take away the entry of any fuch ble poffeffion for five perfon or perfons, or their heirs, who at the time of the fame descent, had, or fhall have, good and lawful title of entry into the faid manors, lands, tenements or hereditaments, except that fuch diffeifor hath had the peaceable poffeffion of fuch manors, lands, tenements or hereditaments, whereof he hath died or fhall die feifed, by the space of five years next after the diffeifin by him committed, without entry or continual claim, by or of fuch perfon or perfons as had or fhall have lawful title thereunto.

XXXV. And be it further enacted by the authority aforefaid, Thatevery perfon who fhall hereafter be appointed foreman of a grand jury, fhall be from the time of his being appointed until his discharge, empowered and authorised to adminifter the ufual oath to fuch witneffes as fhall come to give evidence to the grand jury whereof he is foreman.

XXXVI. And be it further enacted by the authority aforefaid, That the law concerning attaints upon untrue verdicts fhall be, and hereby is abolished.

XXXVII. And be it further enacted by the authority aforefaid, That from and after the first day of May next, none of the ftatutes of England, or of Great-Britain, fhall operate or be confidered as laws of this state.,

CHA P. XLVIII.

An ACT to lay a Duty of Excife on frong Liquors, and for the better regulating of Inns and Taverns. Paffed ft March, 1788. BE Eit enacted by the people of the fate of New-York, represented in fenate and affembly, and it is hereby enacted by the authority of the fame, That it fhall and may be lawful for the perfon adininiftring the government of this ftate for the time being, by and with the advice and confent of the council of appointment, from time to time, to conftitute and appoint fuch perfon in the city of New-York, as they fhall think proper, to be the commiffioner for collecting the duty of excife of and from the feveral retailers of ftrong or fpirituous liquors in the city and county of New-York.

II. And be it further enacted by the authority aforefaid, That the following perfons fhall be the commiffioners for collecting the duty of excife, of and from the feveral retailers of ftrong and fpirituous liquors within the feveral other cities and counties in this ftate; That is to fay, In and for the city of Albany, the mayor of the faid city for the time being; and in and for the city of Hudson, the mayor, recorder, aldermen and commonalty of the faid city; and in and for the feveral towns and places in the respective counties in this ftate, the fupervifor of, and any two juftices of the peace refident within, the fame refpective towns or places; or in cafe there shall not be two juftices, or in cafe of the abfence of the juftices refiding in any fuch town or place, then fuch neighbouring juftice or juftices, as the supervisor of fuch town or place fhall notify, and affociate with him for that purpofe. Provided, That no permit fhall be granted, except in either of the faid cities of Albany or Hudson, unless three commiffioners fhall be prefent at the granting thereof.

HI. And be it further enacted by the authority aforefaid, That it fhall and may be lawful for the commiffioners of excife, appointed or to be appointed by virtue of this act, annually, by writing under their respective hands and feals, to grant to the feveral perfons who fhall refide in the respective cities, towns or places for which they are or shall be appointed a commiffioner or commiffioners as aforefaid, who fhall apply for the fame, permits to retail ftrong or fpirituous liquors under five gallons; which faid refpective permits fhall continue in force from the time of granting the fame, until the first day of March next enfuing the date of fuch permit, and no longer.

IV. And be it further enacted by the authority aforefaid, That it fhall and may be lawful for the commiffioner of excife to be appointed in the city and county of New-York, by virtue of this act, to determine and ascertain the

im which each respective perfon applying for a permit as aforefaid, fhall pay or the fame, not being less than forty fhillings, nor more than twenty pounds, s a duty of excife, which fum fhall be paid to him by the perfon applying, efore the permit fhall be iffued as aforefaid.

V. And be it further enacled by the authority aforefaid, That it fhall and nay be lawful for the commiffioners of excife appointed in the feveral other ities, towns and places in this ftate, by virtue of this act, to determine and fcertain the fum which each refpective perfon, in their respective cities, owns and places, applying for a permit as aforefaid, fhall pay for the fame, not being less than forty fhillings, nor more than twelve pounds, as a duty of excife; which, together with the fum of fix fhillings, as a fee to the refpective commiffioners for granting fuch permit, fhall be paid to him or them by the perfon applying for a permit as aforefaid, before the permit fhall be iffued as aforefaid. Ánd further, The faid commiffioners are hereby respectively required to keep an account of the perfons to whom permits shall be granted, and of the fums by each of the faid perfons paid for a permit, and to file the fame with the clerk of fuch city, town or place, on or before the firft day of March, in every year; and fhall, from time to time, without delay, pay the monies fo to be by them received for the duty of excife, to the overfeers of the poor of the respective cities, towns and places, for which they are commiffioners as aforefaid, to be applied to the relief of the poor thereof.

VI. And be it further enabled by the authority aforefaid, That inftead of the fees herein before allowed, the commiffioner of excife for the city and county of New-York, for the time being, fhall be entitled, for his fervice, to a falary at and after the rate of fixty pounds per annum; which it fhall be lawful for him to retain out of the monies which fhall come into his hands from the duty of excise aforefaid; and the refidue thereof, he fhall from time to time, and without delay, pay to the treasurer or chamberlain of the faid city, for the time being, to be applied and difpofed of (except as to eight hundred pounds, for the time herein after mentioned) for and towards the payment of the contingent charges of the faid city, in fuch manner as the mayor, aldermen and commonalty of the faid city in common council convened, by warrant under the hand of the mayor or recorder of the faid city, prefiding in fuch common council, fhall from time to time direct and appoint. And further, that the faid commiffioner fhall keep an account of the perfons to whom permits fhall be granted in the faid city and county, and of the fums by each of the faid perfons paid for a permit, and file the fame with the treasurer or chamberlain of the faid city for the time being, on or before the laft day of February in every year.

VII. And be it further enacted by the authority aforefaid, That the treafurer or chamberlain of the faid city of New-York, fhall, out of the monies to arife from the excife to be raised in the faid city and county of NewYork, on or before the firft Tuesday in February in every year, for and during the term of four years, from and after the first day of February, in the year one thousand feven hundred and eighty-eight, pay to the treasurer for the time being, of the fociety of the hospital in the city of New-York, in America, at and after the rate of eight hundred pounds, and no more, for the better fupport of the hofpital erected in the faid city, for poor and indigent

perfons.

VIII. And be it further enadied by the authority aforefaid, That the commiffioners appointed or to be appointed by virtue of this act, to grant permits to retail ftrong or fpirituous liquors, fhall not grant permits to any per

Strong liquors to enter

the fun of sol. not

harte.

fon or perfons to retail ftrong or fpirituous liquors for the purpofe of keeping an inn or tavern, unless it fhall appear to the faid commiffioners that an inn or tavern, at the place at which fuch permit is applied for, is neceflary for the accommodation of travellers, and that the perfon applying for tuch permit is of good character. And that in every fuch permit to be granted for the purpose of keeping an inn or tavern, fhall be expreffed, that it appears neceffary to the commillioners, that a public inn or tavern be kept at fuch place, and that the perfon to whom fuch permit is granted, is of good moral character as aforefaid. IX. And be it further enalled by the authority aforefaid, All perfons retailing That no perfon fhall fell by retail any strong or fpirituous into recognizance in liquors, to be drank in his or her houfe, out-house, yard or keep a diforderly garden, unless fuch perfon fhall appear before a juftice of the peace of the county in which he or she fhall refide, and enter into recognizance to the people of the ftate of New-York, in the fum of fifty pounds; conditioned, That he or fhe will not, during the time that he or the fhall keep an inn or tavern, keep a diforderly inn or tavern, or fuffer or permit any cock-fighting, gaming or playing with cards or dice, or keep any billiard-table, or other gaming-table, or fhuffle-board, within the inn or tavern by him or her to be kept, or within any out-houfe, yard or garden belonging thereunto; which recognizances fo to be taken, fhall be lodged by the perfon or perfons before whom the fame shall be taken, with the clerks of the refpective cities or counties where the fame shall be taken; and if any perfon fhall be convicted of an offence against this act, it shall be lawful for the courts of general feflions of the peace in the refpective cities and counties in this ftate, to fupprefs the permit and licence of fuch refpective offenders. But that no perfon who fhall be permitted or licenced to retail frong liquors, not to be drank in his or her houfe, but carried elsewhere, fhall be obliged to enter into recognizance as aforefaid; any thing in this act to the contrary notwithstanding.

Itrong liquor without

entering into fich re

X. And be it further enacted by the authority aforefaid, Every perfon felling That if any perfon fhall fell by retail, any ftrong or spirituaprint, or without ous liquors, without having fuch permit as aforefaid, or if eguzice, to fericit any perfon fhall fell any ftrong or fpirituous liquors, to be fol. for each offence. drank in his or her houfe, out-houfe, yard or garden, without having entered into fuch recognizance as aforefaid, every perfon who fhall be guilty of either of the offences aforefaid, fhall, for each offence, forfeit the fum of ten pounds. Provided always, That no perfon or perfons fhall be fubject to be fued or profecuted by virtue of this act, for felling metheglin, currant wine, cherry wine, or cyder, to be by him, her or them made, and which fhall not be drank in his, her or their houfe, out-house, yard or garden.

XI. Provided aljo, and be it further enacted by the authority aforesaid, That all licenfes to retail ftrong or fpirituous liquors within the cities of NewYork, Albany or Hudfon, fhall be granted in the manner directed and prefcribed in and by the charters granted to the faid cities refpectively; and the recognizances to be entered into by retailers, shall be taken before the mayor for the time being, of each refpective city, or, in cafe of his fickness or abfence, before the recorder thereof.

XII. And the more effectually to prevent every fpecies of gaming, or incitement thereunto, in public inns or taverns; Be it further enacted by the authority aforefaid, That it fhall be deemed an offence zo be permitted in any against the people of this flate, for any perfon who fhall

No kind of gaming

the courts to take

ces against this act.

inn or tavern, and keep a public inn or tavern, to permit or fuffer any cock_ cognizance of offen- fighting, playing with cards or dice, or to keep any billiardtable, or other gaming table, or fhuffle-board, within his or her house, or within any out-houfe, yard or garden belonging thereto, or therein to permit any kind of gaming, by lot or chance. And that as well the courts of oyer and terminer and gaol delivery, as the courts of general feffions of the peace in the feveral counties within this ftate, fhall have cognizance of offences againft this act, and fall and may punish offenders convicted thereof, by fine and imprisonment, or either, at the difcretion of the court in which any fuch conviction fhall be had.

commodations inn

ed to have.

XIII. And be it further enacted by the authority aforefaid, What kind of ac- That every keeper of any public inn or tavern in this flate, keepers thall be oblig. except in the city of New-York, fhall keep in his house, at leaft two fpare beds for guefts, with good and fufficient fheeting and covering for fuch beds refpectively, and provide and keep good and fufficient ftabling and provender, of hay in the winter, and hay or pafturage in the fummer, and grain, for four horfes or other cattle, more than his or her own flock, for the accommodation of travellers, upon pain of forfeiting, for every neglect or default of having either of the articles in this claufe before mentioned, the fum of forty fhillings.

modations.

liquors to fervants

XIV. And whereas in fome parts of this flate, fo little refort is had to fome inns or taverns, as would make the laft mentioned regulations burthenfome, and which inns or taverns are nevertheless of public utility; Therefore, Be it further enacted by the authority aforefaid, That it fhall be Certain innholders in the difcretion of the commiffioners, or the major part of may be exemptedtrom having fuch accoin- them, in any of the towns of this flate, by writing for that purpose, under their hands and feals, to exempt one or more innholder or tavern-keeper in the faid towns refpectively, from keeping fuch -fpare beds and ftabling, provender and forage, as is herein before directed. XV. And be it further enalled by the authority aforefaid, Innholder felling That if any innholder or tavern-keeper, fhall fell any ftrong tolofe their debt, and or fpirituous liquors to any apprentice, fervant or flave, for feit forty fillings, knowing or having reafon to fufpect or believe him or her to be fuch, without the consent of his or her mafter or mittrefs, fuch innholder or tavern-keeper, fhall forfeit and lofe every debt which fuch apprentice, fervant or flave fhall or may contract for any fuch liquor; and alfo for every offence, forfeit the fum of forty fhillings, to be recovered with cofts of fuit, by the master or mistress of fuch apprentice, fervant or flave. And further, That the permit and licence of every fuch innholder or tavern-keeper, fhall be, and hereby is declared void from the time of fuch conviction; and fuch innholder or tavern-keeper fhall be and is hereby declared to be incapable of receiving any further or other permit or licence for holding any public inn or tavern, for the fpace of three years from the time of fuch conviction.

&c.

any kind of goods

quors, befides the

XVI. And be it further enacted by the authority aforesaid, Innholder receiving That if any innholder or tavern-keeper, or any other perfrom fervats for li- fon or perfons, fhall take or receive, directly or indirectly, penalties aforefaid, to from any fuch apprentice, fervant or flave, any cloathing, reftore the goods or or any other goods, chattels, wares or merchandize, in value to the mafter or payment for any fuch ftrong or fpirituous liquors, or in vered with cofts of pawn or pledge, to fecure any fuch payment, and thereof be convicted, by the oath of any one credible witness, he, fhe or they fo offending, besides the payment of the penalty and for

for eit double their

mistress, to be reco

fuit.