An Act for the better securing the five Nations of Indians in their Fidelity to his Majesty.

WHereas nothing can more contribute to the Safety of this Province than the Fidelity and Friendship of the five Nations of Indians. And whereas the said Indians have, by reiterated Instances to his Excellency the Governour, desired the building of a Fort amongst them, which being thought necessary by the Representatives in General Assembly,

Be it therefore Enacted by his Excellency, the Governour, Council and Repre­sentatives now in General Assembly convened, and it is hereby Enacted by the Au­thority of the same, That the Sum of One Thousand Pounds current Money of this Province be raised and levyed in such way & manner as is herein after exprest, for and towards the speedy erecting, building and finishing a Fort amongst the Indians, in such convenient part of the Country as by his Ex­cellency the Governour, by and with the advice of the Managers herein after named, for the Security of the Indians, shall be thought fit.

And be it further Enacted by the Authority aforesaid, That for the satisfying and paying the Sum of 1000 l. aforesaid, that there shall be raised, levyed, collected and paid unto his Majesty, for and during the space and term of one year, from and after the Publication of this Act, and no longer, the several Rates and Duties herein after mentioned, over and above all other Duties, Charges, Impositions, Rates and Customs by any former Act and Acts set, established and imposed, (that is to say)

The Rate and Duty of Twenty five Shillings, current Money of this Pro­vince, for each Pipe of Wine, that, from and after the Publication hereof, shall, during the Term aforesaid, be imported into this Province or its De­pendencies, and so proportionable for a greater or lesser Quantity.

Two Pence half Penny on each Gallon of Rum imported as aforesaid.

The Sum of Two per Cent. to be on the first cost of all European Goods imported as afore-said.

The Sum of Twenty Shillings on each Hogshead of Mallossos imported as aforesaid.

The Sum of Three Pence on every empty Barrel imported as aforesaid.

The Sum of Two Pence on every empty half Barrel imported as aforesaid.

The Sum of Three Shillings on each Barrel of Syder imported as aforesaid.

The Sum of Twenty Shillings for every Tun of Logwood imported as aforesaid. And the Sum of Six Pence on each half Barrel of Flower that shall be Exported out of this Province, to be paid by the Exporter.

[Page 152] And be it further Enacted by the Authority aforesaid, That the several Rates and Duties hereby imposed on the Goods, Wares, Merchandizes and Liquors aforesaid, shall be raised levyed, collected, recovered and paid unto his Majesties Collector and Receiver General, or to the Commissioners for execu­ting the Office of Collector and Receiver General of this Province, for the time being, during the Term before mentioned, in the same manner and form, and by such ways and means, and under such Penalties, Fines and Forfeitures as are mentioned, expressed and directed in and by an Act of General Assembly made in the 11th Year of his Majesties Reign, entituled, An Act for granting unto his Majesty several Duties for the defraying the publick Charge of the Government, after the time limited in an Act confirming and con­tinuing unto their Majesties the Revenue established by an Act of General Assembly for defraying the publick and necessary Charges of the Government is expired, in as full and ample manner as if the same were particularly recited in this said Act, any thing to the contrary hereof in any wise notwithstanding.

And be it further Enacted by the Authority aforesaid, That Hendrick Hansen, John Bleeker and Peter van Burgh, Esqrs. be, and are hereby appointed to be Mannagers of the building, erecting and finishing said Fort, and providing Materials for the same, in such way and manner as by his Excellency the Governour, by and with the advice of said Mannagers, shall be from time to time thought fit.

An be it further Enacted by the Authority aforesaid, That the Collector or Receiver General of this Province, or the Commissioners of the Customs of this Province for the time being, be, and are hereby required to keep a particular Book of all the Duties and Rates accruing and paid by virtue of this Act. And that the said Receiver General, or the Commissioners for execu­ting the Office of Collector and Receiver General of this Province, shall every three Moneths send up to the Mannagers aforesaid, the Sum or Sums of Money which he or they have received by virtue of this Act, until the said Sum of One Thousand Pounds shall be paid unto them; and if any Surplusage remain over and above the one thousand pounds aforesaid, in his or their hands, the same is to be disposed of, as by the General Assembly shall be thought convenient.

And be it further Enacted, That whatsoever Sum or Sums of Money shall be paid for any Materials or Work-men, or any other matter relating to the said Fort, shall be by Warrant from his Excellency the Governour, by and with the advice of the Mannagers, or any two of them aforesaid.

An Act for appointing and enabling Commissioners to examine, take and state the Publick Accounts of this Province.

WHereas this Province in the late long War have been at great Ex­pence of Blood and Treasure for the Defence thereof; and whereas some Persons pretend great Sums of Money yet to remain unpaid, and that the Funds granted in General Assembly have been not sufficient to defray the same. Therefore for the better knowledge, examination and stating the Accounts of the Receipts, Issues and Distributions of the publick Revenue of this Province, and such Taxes raised & imposed upon the People [Page 153] thereof, by Acts of General Assembly, for the Defence of this Province, in the late War with the French and their Indians; and other the Incidental Charges thereof, as well within the said time of War, as also at any time since. Be it Enacted by his Excellency and Council, and Representatives convened in General Assembly, and it is hereby Enacted by the Authority aforesaid, That Leonard Lew [...], Esq, Abraham Gouverneur, Esq Speaker of the honourable House of Representatives of the Province of New-York, Rip van Dam of the City of New-York, Merchant, Cornelius Sebran, Esq and David Provoost, Esq shall be and are hereby constituted Commissioners for examining, taking and stating of the Accounts of all Money of the said publick Revenue of this Province, and all the Accounts of Taxes, Subsidies or Aids granted unto the late King Charles the second, & the late King James the second, his Majesty, and the late Queen Mary (of happy Memory) and since to his Majesty, from and after the arrival of Coll. Thomas Dougan, late Governour of this Province, until the beginning of this present Sessions of the General Assembly.

And be it further Enacted by the Authority aforesaid, That the said Commis­sioners, or any three of them, are hereby impowered from time to time, to issue forth their Warrants, under their hands and seals, to order the Collector or Receiver General, or the Commissioners for executing the Office of Col­lector and Receiver General of this Province, for the time being, ordering them to lay before them the Accounts of the publick Revenue, and all the Accounts of Taxes, Subsidies or Aids granted unto the late King Charles the second, the late King James the second, unto his Majesty, and the late Queen Mary, (of happy Memory) and since to his Majesty) from and after the arrival of Coll. Thomas Do [...]ga [...], late Governour of this Province, until the beginning of this present Sessions of the General Assembly, together with the Accounts of the Issues and Distributions of the same, and every part thereof▪ to any Person or Persons whatsoever, or for what use or uses soever.

And be it further Enacted by the Authority aforesaid, That the Commissioners, or any three or more of them, are hereby ordered to make Return of their Proceedings herein, the first day of the next Sessions of the General Assembly, unto the House of Representatives, to the end such further Consideration may be had in the Assembly, of the matters aforesaid, as for the Peace and Wellfare of this Province shall be thought convenient.

And be it further Enacted by the Authority aforesaid, That all and every the Commissioners aforesaid shall take the Oath hereafter mentioned, before the Governour of this Province, for the time being, Viz. I A. B. do Swear, that according to the best of my skill and knowledge, I shall faithfully, impartially and truly, without favour or affection to any, demean my self, in taking, stating and examining all the publick Accounts of this Province, brought and to be brought be­fore me, in execution of an Act entituled, An Act appointing Commissioners to examine, take and state the publick Accounts of this Government, according to the Tenor and purport of the said Act. So help me God.

And be it further Enacted by the Authority aforesaid, That the said Commissioners shall have such Sallaries for and concerning their Trouble in the matter aforesaid, as to the General Assembly of this Province, at their next Sessions, shall seem meet. Provided, That this Act, and every clause therein contained, shall be of force until the first day of the next Sessions of General Assembly, and no longer, any thing to the contrary hereof in this Act con­tained in any wise notwithstanding.

An Act against Jesuites and Popish Priests

WHereas divers Jesuits, Priests and Popish Missionaries have of late come, and for some time have had their residence in the remote parts of this Province, and other his Majesties adjacent Colonies, who by their wicked and subtle Insinuations, industriously labour to debauch, seduce and with-draw the Indians from their due Obedience unto his most sacred Majesty, and to excite and stir them up to Sedition, Rebellion and open Ho­stility against his Majesties Government. For prevention whereof, Be it Enacted by his Excellency the Governour, Council and Representatives convened in General Assembly, and it is hereby Enacted by the Authority of the same, That all and every Jesuit and Seminary, Priest, Missionary, or other Spiritual or Ecclesiastical Person, made or ordained by any Authority, Power or Juris­diction derived, challenged or pretended from the Pope or See of Rome, now residing within this Province, or any part thereof, shall depart from and out of the same at or before the first day of November next, in this present year Seventeen Hundred.

And be it further Enacted by the Authority aforesaid▪ That all and every Jesuit, Seminary, Priest, Missionary, or other Spiritual or Ecclesiastical Person, made or ordained by any Authority, Power or Jurisdiction derived, challenged or pretended from the Pope or See of Rome, or that shall profess himself, or otherwise appear to be such, by preaching and teaching of others, to say any Popish Prayers by celebrating Mass, granting of Absolutions, or using any other of the Popish Ceremonies and Rites of Worship, by what Name, Title or Degree soever such Person shall be called or known, who shall continue, abide, remain or come into this Province, or any part thereof, after the first Day of November aforesaid, shall be deemed and accounted an Incendiary and Disturber of the publick Peace and Safety, and an Enemy to the true Christian Religion, and shall be adjudged to suffer perpetual Impri­sonment; and if any Person, being so sentenced, and actually imprisoned, shall break Prison and make his escape, and be afterwards retaken, he shall suffer [...]uch Pains of Death, Penalties and Forfeitures as in cases of Fellony.

And it is further Enacted by the Authority aforesaid, That every Person that shall wittingly and willingly receive, harbour, conceal, and, succour and relieve any Jesuite, Priest, Missionary, or other Ecclesiastical Person of the Romish Clergy, knowing him to be such, and be thereof lawfully convicted before any of his Majesties Courts of Record within this Province, which Courts are hereby impowered and authorized to hear, try and determine the same, he shall forfeit the sum of two hundred Pounds current Money of this Province, one half to his Majesty, for and towards the support of the Go­vernment, and the other half to the Informer who shall sue for the same in any Court of Record within this Province, wherein no Essoyn, Protection of Wager in Law shall be allowed; and such Person shall be further punish­ed by set in the Pillory on three several days, and also be bound to the good Behaviour, at the discretion of the Court.

[Page 155] And be it further Enacted by the Authority afo [...]esaid, That it shall and may be lawful to and for every Justice of the Peace to cause any Person or Persons suspected of being a Jesuit, Seminary, Priest, or of the Romish Clergy, to be apprehended and convented before himself, and some other of his Majesties Justices; and if such Person do not give satisfactory account of himself, he shall be committed to Prison, in order to a Tryal; also, it shall and may be lawful to and for any Person or Persons to apprehend, without Warrant, any Jesuite, Seminary, Priest or other of the Romish Clergy, as aforesaid, and to convent him before the Governour, or any two of the Council, to be exa­mined and imprisoned, in order to a Tryal, unless he give a satisfactory account of himself. And as it will be esteemed and accepted as a good Service done for the King, by the Person who shall seize and apprehend any Jesuite, Priest, Missionary or Romish Ecclesiastick, as aforesaid, so the Governour of this Province, for the time being, with the advice and con­vent of the Council, may suitably Reward him, as they think fit. Provided, That this Act shall not extend, or be construed to extend unto any of the Romish Clergy who shall happen to be shipwrack't, or through other adversity shall be cast on Shore or driven into this Province, so as he continue or abide no longer within the same than until he may have opportunity of Passage for his Departure; so also as such Person, imm [...]diately upon his arrival, shall forth-with attend the Governour, if near to the place of his Residence, or otherwise on one or more of the Council, or next Justices of the Peace, and acquaint them with his Circumstances, and observe the directions which they shall give him, during his stay in the Province.