Tenant or oc cupant to be assessed Proviso Width of roads Proviso Roads thro' CHAP. 198. AN ACT to amend an act entitled "An Act to regulate Highways, passed March 19, 1813. Passed April 14, 1826. 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful for the commissioners of highways in any of the towns in this state, except in the counties of New-York, Suffolk, Queens, Kings and Richmond, to assess any tenant or occupant in possession of any improved or cultivated farm, or tenement, to labor on the public roads in the same manner and to the same amount as they would do if the occupant was the real owner thereof, designating in their assessments the amount charged upon such farm or tenement, from the occupant's personal tax; but the owner shall not be assessed for any highway work on account of any farm owned by him, which shall during the same year, be assessed to the occupant thereof; and any person so assessed refusing or neglecting to perform such labor shall be subject in all respects to the provisions and penalties contained in the ninth section of the said act hereby amended: Provided, That nothing herein contained shall be so construed as to authorise the assessment of more than thirty days highway work upon any one man, or upon the property of any one man in the same year, in any one town in this state, except by virtue of the provisions of the sixth section of the act hereby amended. 2. And be it further enacted, That it shall and may be lawful for the commissioners of hignways to lay out public roads not less than three rods in width: Provided, That this section shall not extend to those counties where the commissioners are now authorised by law to lay out roads less than three rods wide. 3. And be it further enacted, That when any application shall imp'd lands be made to the commissioners of highways to lay out a road through improved land, in pursuance of the sixteenth section of the act to which this is an amendment, the person making such application shall give at least six days notice in writing, posted up in three of the most public places in the town where the road is applied for, specifying as near as may be the route of said road, and the time and place when and where the freeholders will meet to examine the ground; and before the said freeholders shall proceed to take the oath prescribed in the said sixteenth section, they shall personally assemble agreeable to the above mentioned notice, and examine the route of said road, and shall hear any reasons that may be offered for and against laying the road; and such freeholders shall not be interested in the lands through which the road is to be made. 4. And be it further enacted, That the commissioners of highbefore they proceed to lay out any road through improved ways land, in pursuance of the sixteenth section aforesaid, shall cause at least three days notice of the time of their meeting to lay out said road, to be given to the occupant of the land where the road is to run, if at home; and if the occupant is absent, then a notice in 'wri Notice to be given to occu pants ting shall be left at his dwelling-house, if within the county, setting 25 years 5. And be it further enacted, That whensoever any tenant of Tenants for a any farm or tenement, for a less term than twenty-five years, shall be less term than assessed to labor upon the highways, pursuant to the provision of the first section of this act, it shall be lawful for such tenant to deduct the amount of such farin or tenement assessment, after the labor so assessed shall have been actually performed, at and after the rate of sixty-two and a half cents per day, from the rent to be paid by him to the owner of the soil, or other person entitled to such rent, unless otherwise agreed by the parties, or unless otherwise provided for in the lease or agreement under which such tenant holds such farm; and such tenant may set off the amount of such assessment when the labor has been actually performed, against such rent, and the performance of such labor shall be deemed a payment at the rate aforesaid, of so much of the rent due at the time on such farm, or which shall hereafter become due. 6. And be it further enacted, That it shall be lawful for any Complaints person to make complaint against any overseer of highways for neglect of duty, and to prosecute any such complaint in the same manner as commissioners of highways are now authorised by law to do: Provided, That if any person making such complaint shall not recover against such overseer of highways, he shall be liable to pay treble costs. board of su pervisors 7. And be it further enacted, That it shall be lawful for the Duty of the board of supervisors of the several counties in this state, in any case where the damages for laying out any road through improved and cultivated lands shall be valued and appraised pursuant to the provisions of the sixteenth section of the act hereby amended, to examine into the principles upon which the said valuation and appraisal shall be made, and into the fairness and justice thereof, whenever the account of such valuation and appraisal shall be presented to any such board of supervisors to be audited and assessed; and if it shall appear to the said board of supervisors that the said valuation and assessment has been excessively or imperfectly made, then to reduce or increase the said damages to such sum as in the opinion of the said board of supervisors, from the evidence exhibited to them, shall be just and reasonable. 1805 confirm 8. And be it further enacted, That the acts and doings of the Certain do commissioners of highways of the several towns in this state, or of ings since any two of them, in laying out, altering or discontinuing any road ed or highway, since the thirty-first day of December, one thousand eight hundred and five, be and the same is hereby confirmed, and made as valid and effectual in law, as if the said commissioners, or any two of them, had been duly authorised to lay out, alter or discontinue any such roads or highways: Provided, That the said com- Proviso missioners, or any two of them, shall have caused a survey of said roads or highways, to be filed or recorded in the office of the town clerk of the town in which roads shall have been laid out: And provided also, That nothing herein contained shall, in any wise, affect the decision of the judges of any court of common pleas, at any time heretofore made, confirming or reversing the determination of said commissioners: And provided also, That where any roads have not been actually opened and worked by virtue of such determination, it shall be lawful for the owner or owners of any lands through which such roads shall be laid out, to proceed and have the damages sustained by him or them assessed in the manner prescribed by law, at any time within six months after the passage of this act ; and also it shall be lawful for any person, in any such case, interested in such road, to appeal from the said determination within six months after the passage of this act: And further, That this act shall not affect any suits or proceedings now pending in law or equity. Two commis 9. And be it further enacted, That it shall be lawful for any two sioners may commissioners of highways of any town, hereafter to lay out, alter lay out a road and discontinue any roads or highways, in the same manner as if three of the said commissioners had acted in such laying out, altering or discontinuing, any law to the contrary notwithstanding: Provided, That in the survey and determination of the said commissioners, it shall appear that all the commissioners of highways, then in office in such town, have been duly notified to attend a meeting of the said commissioners, for the purpose of considering the said proposed laying out, altering or discontinuing of such road. Proviso CHAP. 199. AN ACT regulating the Fees of the Constables and Marshals employed in the Police Office in the City of New-York. Passed April 15, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the constables and marshals employed in the police office in the city of New-York, may exact, demand and receive for the following services, the fees hereinafter specified, that is to say: for serving every warrant or summons, within a mile, thirty-seven and a half cents; for returning the same when party is taken, six and a quarter cents. Milage for every mile going only, twelve and a half cents; for taking defendant in custody, on commitment, twelve and a half cents; for conveying the party to prison if within a mile, twelve and a half cents; for going with defendant to procure security, when ordered by the justice, fifty cents; for serving every subpoena for witness to attend before special justices, to be paid by the party applying, within a mile, twelve and a half cents, and for every additional mile, going only, twelve and a half cents; for serving every search warrant, in case the goods are not found, one dollar; but in case the goods are found, and they exceed in value fifty dollars, then such sum as the presiding justice may certify to be correct, not exceeding the sum of two dollars and fifty cents, to be paid by the party applying for the said warrant. CHAP. 200. AN ACT to amend an act entitled "An Act to provide for the 1824. Passed April 15, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the counties of Niagara, Steuben and Wayne, be and they are hereby added to the number of excepted counties mentioned in the act to which this is an amendment, but that the said counties of Niagara, Steuben and Wayne, shall, nevertheless, be entitled to the privileges contained in the tenth section of the said act. CHAP. 201. AN ACT to provide for Defraying the Expense of a Survey of the Fortifications on Staten Island, and for other purposes. Passed April 15, 1826. made 1. BE it enacted by the People of the State of New-York, rep- Survey to be resented in Senate and Assembly, That a sum not exceeding one hundred dollars be and the same is hereby appropriated to defray such expenses as may be incurred in procuring a survey and map of the fortifications belonging to the state on Staten-Island, together with an estimate of their present value, and that it shall be the duty of the governor of this state to designate and employ some suitable person or persons to make the said survey and estimate. 2. And be it further enacted, That the treasurer pay on the Pay of J. D. warrant of the comptroller, out of any monies in the treasury not Hammond, & S. Dutcherjr, otherwise appropriated, to Jabez D. Hammond, the sum of twelve hundred and fifty dollars, and to Salem Dutcher, jun. the sum of one thousand dollars, which sums shall be in full for all services which they or either of them may have rendered this state, in relation to the settlement of the claims of this state against the government of the United States, and for all expenses or charges incidental to, or connected therewith. 3. And be it further enacted, That the act, entitled "an act for Act of 1818 the settlement of the demands of this state against the United repealed States," passed February 10, 1818, be, and the same is hereby repealed, so far as the same authorises the appointment of an agent under said act in future. Preamble Corporation created Style, &c Proviso Subscriptions CHAP. 202. AN ACT to incorporate the President and Directors of the Passed April 15, 1826. WHEREAS Samuel Swartwout, James D. Swartwout, Wilhelmus Westfall, Stephen St. John and Benjamin Westfall, are desirous of being incorporated, together with such persons as may hereafter become their associates, for the purpose of building a bridge across the Neversink river, in the town of Deer-Park, in the county of Orange: Therefore, 1. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That Samuel Swartwout, James D. Swartwout, Wilhelmus Westfall, Stephen St. John and Benjamin Westfall, and such other persons as shall associate for the purpose of building a bridge across the Neversink river, near the storehouse now occupied by Daniel Hilforty, in the county of Orange, about one half mile above the junction of the Neversink and Delaware rivers, at that place, where a bridge across the said river, has heretofore been, shall be, and hereby are created and made a corporation and body politic, in fact and in name, by the name of the President and directors of the Neversink Bridge Company, and to remain for the term of forty years, and by that name they and their successors for and during the said term, shall and may have succession, and shall be persons in law capable of suing and being sued, pleading and being impleaded, answering and being answered unto, defending and being defended in all courts and places whatever, and that they and their successors shall be in law capable of purchasing, holding and conveying any estate real and personal, for the use of the said corporation: Provided, The real estate so to be holden, shall be such only as shall be necessary to promote or attain the objects of this corporation: And provided further, That the said corporation shall in no wise build or commence to build the said bridge until they shall have contracted with and satisfied the owners of the land on each side of the river for liberty and permission so to do. 2. And be it further enacted, That Samuel Swartwout, Wilhelmus Westfall and Benjamin Westfall, be and they are hereby appointed commissioners to do and perform the several duties hereinafter mentioned; they shall on or before the first day of June next, procure one book, and therein enter as follows: "We whose names are hereunto subscribed, do for ourselves and our legal representatives, promise to pay the president and directors of the Neversink. bridge company, the sum of fifty dollars for every share of stock in the said company set opposite our respective names, in such manner and proportion, and at such time and place as shall be determined by said president and directors of said company," which book shall be left with one of said commissioners at his place of abode, who shall keep the same open for the purpose of receiving subscriptions; and every subscriber shall at the time of subscribing, pay unto the said commissioner, the sum of three dollars for each share so subscribed; and the commissioners shall, as |