1753 from the Box where the one Thousand and Ninety four fortunate and Three thousand Nine Hundred and Six Blank Tickets Shall be promiscuously put as Aforesaid and immediately both the Tickets So drawn Shall be opened and the Number as well of the Fortunate as the Blank Tickets Shall be Named Aloud and if the Ticket taken or drawn from the Box Containing the fortunate and Blank Lotts Shall appear to be Blank then the Numbered Ticket So drawn with the Said Blank at the Same time drawn Shall be Wrote upon Blank and Shall both be put on one File and if the Ticket So drawn or taken out of the Box Containing the fortunate and Blank Lots Shall appear to be one of the Fortunate Tickets then the Sum Written upon Such fortunate Ticket (whatsoever it may be) Shall be Entered by the Clerks So appointed into the Books prepared for that purpose together with the Number Coming up with the Said fortunate Ticket and one of the Said Managers Shall Set their Name as a Witness to every Such Entry and the Said fortunate and Numbered Tickets so drawn together Shall be put upon another File and So the Said Drawing of the Tickets Shall Continue by taking one Ticket at a time out of each Box and with opening Naming aloud and filing the Same and by Entering the fortunate lots in Such Method as is before Mentioned untill the whole number of One Thousand and Ninety four fortunate Tickets Shall be completely drawn and if the Same can not be performed in one Days time the Said Managers Shall Cause the Boxes to be locked up and Sealed in the Manner as aforesaid and Adjourn till the next Day and So from Day to Day and every Day (Except Sundays) and then open the Same and proceed as above till the Said Whole Number of fortunate Tickets Shall be Compleatly drawn as aforesaid. AND to the end that the adventurers may have all Possible Satisfaction in the due Regular and Just Management of the Said Lottery BE IT ENACTED by the Authority Aforesaid That the Mayor Recorder Aldermen and Commonalty of the City of New York may and are hereby Impowered to appoint every Day during the whole course of the Lottery Two or more of their Body to Inspect all and every Transaction of the Said Lottery hereby directed and required and that each County in the Colony may and are hereby Impowered if they See Cause to depute two Justices of the Peace or other Reputable Freeholders or Inhabitants for the Aforesaid Inspection with proper Certificates, of their being So Deputed from the Next or any Subsequent General Session of the Peace and the Said Managers are hereby Directed and Required to admit them and the Said Members of the Said Corporation to the Aforesaid Inspection Accordingly. AND be it Enacted by the Authority Aforesaid that immediately After the drawing be finished the Said Managers are hereby Required to publish in the New York Gazette the Numbers drawn against the fortunate Lots with the Prizes or Sums drawn by or belonging to each of them Respectively and as Soon as the drawing Shall be over Shall Pay the Said Sums to Such Persons who Shall Produce Tickets with the Numbers drawn against Such fortunate Lots they the Said Managers first deducting fifteen per Cent out of the Said Fortunate Lots to be applyed as is herein After directed. AND be it further Enacted by the Authority Aforesaid that if any Person or Persons Shall Forge or Counterfeit any Ticket or Tickets to be made forth on this Act or alter any of the Numbers thereof or bring any Forged or Counterfeited Tickets or any Ticket whereof the Number is Altered knowing the Same to be Such to the Said Managers or either of them to the Intent to defraud the Colony or any Contributor or adventurer or the Executors Administrators or Assigns of any Contributor or adventurer upon this Act that then every Such Person or Persons (being thereof Convicted in due form of Law) Shall be adjudged a Felon and Shall Suffer Death as in Cases of Felony without benefit of Clergy and the Said Managers or either of them are hereby Authorized Required and Impowered to Cause any Person or Persons bringing Such altered Forged or Counterfeited Ticket or Tickets as Aforesaid to be apprehended and to Commit him her or them to his Majesty's Goal of the City of New York to be proceeded Against for the Said Felony According to Law. And be it further Enacted by the Authority Aforesaid that every of the Managers hereby appointed for putting this Act in Execution before his Acting in Such Commission Shall take the Oath following, that is to Say, I, A. B. do Swear that I will faithfully execute the Trust reposed in me and that I will not use any indirect Art or means or permit or direct any Person to use any indirect art or Means to Obtain a Prize or fortunate Lot for my Self or any Person Whatsoever and that I will do the utmost of my Endeavours to prevent any undue or Sinister Practice to be done by any Person Whatsoever and that I will to the best of my Judgement declare to whom any Prize Lot or Ticket of right does belong according to the true Intent of the Act of Governeur Council and General Assembly passed in the year of our Lord One Thousand Seven Hundred and Fifty three in that behalf Which Oath Shall be administered by one of the Supreme Court of this Colony. Provided allways And be it Enacted by the Authority Aforesaid that the Managers hereby appointed before they take the Oath Prescribed by this Act or perform or Execute anything therein Contained Shall first Enter into the following Recognizance to our Sovereign Lord the King his Heirs and Successors, That is to Say Each of them before one of the Justices of the Supreme Court in the Sum of Two Thousand Five Hundred Pounds with two Sufficient Sureties each in half that Sum Conditioned that they Shall and will well and Truly each for his part Execute the Trust Reposed in them by this Act and well and Truly observe do and Perform all the Directions thereby required to be done and Performed by them accordingly to the true Intent and meaning thereof which Several Recognizances are to be delivered to the Treasurer by the Justice before whom the Same Shall be So taken (having first Caused the Same to be Recorded in the Minutes of the Supreme Court) in order to be lodged in the Treasury. AND be it further Enacted by the Authority Aforesaid That the Several deductions of Fifteen per Cent upon the whole Number of fortunate Tickets Shall be Paid into the Hands of the Trustees appointed in and by an Act Entituled an Act for Vesting in Trustees the Sum of Three Thousand Four Hundred and Forty three Pounds, Eighteen Shillings, raised by way of Lottery, for Erecting a College within this Colony passed in the Twenty fifth Year of his Majesties Reign [See Nov. 25, 1751.] to BE by them put out at Interest according to the directions of the Said Act untill the Same Shall be Imployed by Some future Act for and towards founding a College for the advancement of Learning within this Colony, by the Managers hereof out of which nevertheless there Shall be allowed by the Said Trustees in case the Lottery be Actually drawn the following Sums, Viz., To each of the said Managers the Sum of fifty Pounds to each of the two Clerks Six Shillings per diem for every Day they Shall be Actually Imployed in the Said Drawing to each of the two Persons who Shall Draw the Tickets Three Shillings per Diem for every Day they Shall be So Imployed and all Reasonable Charges for Printing Books Tickets and advertisements and Such other Incidents as may Necessarily be Required in the Said Lottery. AND that the purpose of Founding of the Said College may not be obstructed by any other Applications of the Mony's to Arise from the Proffits of the Said Lottery BE IT ENACTED by the Authority Aforesaid that each and every Representative In the General Assembly for the time being who Shall hereafter in General Assembly move or Consent to the applying or Appropriating the Said Moneys to any other purpose Whatsoever than the founding the College aforesaid Shall be and is hereby declared and made forever incapable of Sitting and Voting in this or any Future General Assembly and New Writs Shall Issue accordingly. And be it further Enacted by the Authority Aforesaid that no Fee or Gratuity whatsoever Shall or may be demanded or taken of any Person or Persons Contributor or Adventurer to the Lottery Aforesaid by any Manager or Managers or any other Officer or Officers appointed by this Act for any thing that Shall be done Pursuant to this Act upon pain that any Officer or Person Offending by taking any Fee or Gratuity Contrary to this Act Shall forfeit the Sum of Fifty Pounds to the party grieved to be recovered with full Costs in any of his Majesty's Courts of Record within this Colony. And be it Enacted by the Authority Aforesaid that in Case all the Said Five Thousand Tickets Shall not be Sold and disposed off before the Said first Tuesday in November Next that then the money that has been Received for any Ticket or Tickets by Virtue of this Act Shall be by the Said Managers repaid to the Person or Persons of whom the Same Shall have been received His her or their Executors Administrators or Assigns he She or they first Producing the Several Tickets for which Such Repayment Shall be required and the Lottery hereby Erected and Made Shall from thenceforth become Viod anything in this Act Contained to the Contrary hereof Notwithstanding and in Such Case the Treasurer of this Colony Shall pay out of any Money then in the Treasury (except Such as Shall be appointed for the Annual Support of the Government) the Several Incidents before mentioned upon 1753 1753 proper Certificates Signed by the Said Managers and Receipts thereon Shall be good Vouchers to him for the Payment thereof for the amount of which the General Assembly Shall and will Provide ways and Means to repay and Replace the Same. PROVIDED AND BE IT ENACTED that in case the Said Five Thousand Tickets Aforesaid be Sold and disposed off in the Manner Aforesaid before the first Tuesday in November Next that then the Managers Shall Proceed to drawing the Lots in Manner Aforesaid first giving publick Notice thereof in the New York Post Boy at least Fourteen days before the drawing the Same anything in this Act to the Contrary Notwithstanding. AND be it further Enacted by the Authority Aforesaid that if either of the before mentioned Managers Shall happen to Die Remove out of this Colony or Refuse to Act according to the Several and Respective Powers and Authorities hereby directed and required it Shall and may be Lawful to and for the Governor or Commander in Chief for the time being by and with the advice and Consent of his Majesty's Council to Nominate and Appoint Some other fit Person or Persons to be Manager or Managers in the place and Stead of the Manager or Managers So Dying Removing or Refusing to Act as Aforesaid anything herein Contained to the Contrary Notwithstanding. PROVIDED that the Person or Persons who may be So appointed Shall be obliged to take the like Oath Enter into the like Recognizances and Sureties as is herein Directed to be done by the Managers Named in this Act and be in all respects as Subject to Observe and Perform the Severall Directions of this Act as if he or they had been Named or appointed in it.-Colonial Laws of New York, Vol. ii. pp. 899-908. This act is repeated verbatim on Dec. 12, 1753, with the exception of "his Honour. the Lieutenant Governor", instead of "his Excellency, the Governor"; and the names of "Abraham Van Wyck and Abraham Leynsen" as managers; and changes in the dates of drawing, and the number of tickets. It is again repeated on Dec. 7, 1754. OTHER MONEYS FOR THE COLLEGE IN NEW YORK. An Act further to continue the Duty of Excise and the Currency of the Bills of Whereas by an Act of the Governor Council and General Assembly Entituled an AND Whereas it has been the Intention of the Legislature for Several Years Past to Establish a SEMINARY within this Colony for the Education of Youth in the Liberal Arts and Sciences And as at present no other means can be devised than by a further Continuance of the Aforesaid Act and the Bills of Credit Issued thereupon and his Excellency the Governor having been pleased to approve of the Intentions of the General Assembly to proceed upon that good design at this Session as Signified by their Votes at their last Meeting, The General Assembly therefore Pray it may be Enacted, AND BE IT ENACTED by his Excellency the Governor the Council and the General Assembly and it is hereby Enacted by the Authority of the same that the before Mentioned Act Entituled An Act for laying an Excise on all Strong Liquors retailed in this Colony and every Clause Matter and thing therein Contained Shall from the first day of November which will be in the Year of our Lord One thousand Seven Hundred and Fifty Seven (to which time the Said Duty on Excise was Continued by an Act passed in the Thirteenth Year of his present Majesties Reign) be, remain and Continue of full Force and Virtue to all Intents Constructions and Purposes whatsoever until the first Day of November which will be in the Year of Our Lord One thousand Seven Hundred and Sixty Seven. AND be it further Enacted by the Authority aforesaid That the Treasurer of this Mentioned and appointed in and by an Act Passed in the Twenty fifth Year of his present Majesties Reign Entituled An Act Vesting in Trustees the Sum of Three thousand Four Hundred and Forty three Pounds Eighteen Shillings raised by way of Lottery for Erecting a College within this Colony out of the Money's arising by the Duty of Excise the Annual Sum of Five Hundred Pounds for and during the Term of Seven Years to Commence from and After the first of January now next Ensuing to be by them apportioned and distributed in Salaries for the Chief Master or head of the Seminary by whatever denomination he may be hereafter Called and for Such and So many other Masters and Officers uses and Purposes Concerning the Establishment of the Said Seminary as the Said Trustees Shall from time to time in their discretion think Needful, Allways Provided that the whole Charge and Expence of the Same do not exceed the Above Sum of Five Hundred Pounds a Year Any thing in the Acts Aforesaid to the Contrary Notwithstanding. AND be it further Enacted by the Authority Aforesaid that the Said Trustees Shall be and are hereby impowered to Appertion and Appoint the Quantum of the Salary's of the Several Masters and officers of the Seminary hereby intended to be Established and to direct the Payment thereof by Quarterly or half Yearly Payments as they in their discretion Shall think Most fitting And Convenient. AND be it further Enacted by the Authority Aforesaid that the Trustees Aforesaid Shall Ascertain the Rates which each Student or Scholar Shall Annually Pay for his or their Education at the Said Seminary for all which Sums they Shall Account with the Governor or Commander in Chief for the time being the Council or the General Assembly when by them or any of them thereunto Required And which Said Sums shall be applyed to and for Such use or uses as Shall be directed by Act or Acts hereafter to be passed. AND be it further Enacted By the Authority Aforesaid That all the Residue of the Money arising by the Said Duty of Excise Shall be applyed towards Cancelling the Bills of Credit Emitted on the Said Fund unless the Said Bills be all Cancelled by Money Arising by the Said Duty before the Said Year One thousand Seven Hundred and Sixty Seven in which Case all the Residue of the Said Money Shall remain in the Treasury to be disposed off as Shall be directed by Some Act or Acts hereafter to be PASSED for that purpose and that the Said Bills of Credit Shall also remain Current until the Said Year One thousand Seven Hundred and Sixty Seven unless they be Sooner Cancelled.-Colonial Laws of New York. Vol. iii. pp. 908-910. CHURCH OF NEW YORK. Organists and Choristers. Manor of Fordham. Consistory held after calling on God's name. were laid before the Consistory. A. Whether the lot of the Messrs. Livingston near the New Church, lately inherited by the widow Moor, should be bought; or taken on the same conditions as the whole plot of four lots was bought by us? Answer, Yes: but on condition that Messrs. Ab. Van Wyck, Evert Bancker, and Peter Keteltas, at once ask her to set the building on the newly bought ground, at the side of Mr. Waldron's, and not begin with the line of ground we have taken from her. B. The organist Boutsman, and the chorister of the Old Church, Jacobus Stoutenberg, being sent for, on account of their 1753 1753 quarrel, the Consistory resolved that they should become reconciled. If this were done, both should continue in their office. Nevertheless, this was refused by the latter for a reason which the Consistory judged insufficient. Therefore the President was directed to summon him privately, and say that if he continued in the same mind, they would be obliged to provide for the matter themselves. C. It was judged necessary to make preparation by the time of the next meeting of the Colonial Assembly to have the legacy of the Manor of Fordham broken, (that is, to obtain the right to alienate the fee). The following committee was appointed: Elders, Ab. Van Wyck and Francis Marschalk; and Deacons, Corn. Clopper, Jr. and Albert Tiebout. These were to speak with Second Judge Chambers, and lawyer Alexander, together with Mr. Paul Richards, Elder, and such others as they thought needful. Thus done in Consistory on date above given. Signed in the name of all, J. Ritzema, p. t. Vice President. Consistory held. After calling on the Lord's name, the act of the previous day was read. After consideration, it was further Resolved, unanimously, to announce the following to Mr. Jacobus Stoutenberg, the provisional chorister of the old church; and he appearing, this announcement was made: 1. That the consistory abides by its resolution of yesterday (see B above) respecting him and Mr. Boutsman. 2. That the consistory is resolved to take careful consideration the aggravating circumstances of his tongue, yet would be gladly spared this trouble. 3. Therefore the consistory earnestly advises him to resign his office, and thus let the whole matter rest. Wherefore, after some discourse, Mr. Stoutenberg resigned his office, and thanked the consistory, and said he would according to order, deliver the silver baptismal bowl to the President. requested that nothing should be said of what had occurred. This |