costs of suit, in any court having cognizance thereof; and in case the usual captain shall not be on board at the time of any violation of this section, the owners of the said boat, jointly and severally, shall be liable to the said penalty. As to land 2. And be it further enacted, That from and after the first day of ing passen May next, when any passenger is about to be landed from any gers steam-boat, navigating the waters of this state, when the steam-boat is not near the shore, so that the passenger can be landed immediately from the steam-boat, on the shore; no passenger shall be put, or suffered to go into any small boat, for the purpose of being landed, until such small boat shall be completely afloat, and the said small boat shall be disengaged from the steam-boat: and no person shall be landed, or put on board any steam-boat, by the mode now used, of a towing line; and while any passenger is getting into a small boat from a steam-boat, for the purpose of being landed, the engine of the steam-boat shall be stopped, and shall not be put in motion until the small boat shall be at least thirty yards from the nearest water wheel of the steam-boat: and when any passenger is taken on board of any small boat belonging to any steam-boat, from the land, to be carried on board any steam-boat, the engine of such steam-boat shall be stopped while such small boat is at the shore, and until such passenger shall have left the small boat, and be on board the steam-boat and if any captain, master or commander of any steam-boat, or if any person having the charge or command of any steam-boat, shall cause or permit any passenger to be landed or taken on board of any steam-boat, contrary to the provisions of this act, he shall forfeit and pay a penalty of two hundred and fifty dollars for every offence, to be recovered by action of debt, with costs of suit, in any court having cognizance thereof, by any person suing for the same. in the same 3. And be it further enacted, That when any steam-boat shall When going be so navigated as to pass another boat, going in the same direction, direction on the Hudson river, it shall not be lawful for such boat, so passing such other boat, to approach or pass, within the distance of twenty yards of the boat which is passed, or attempted to be passed, under the penalty of two hundred and fifty dollars, to be recovered against the captain, master or commander of the said boat which shall violate the provision of this section; or against any person having the chief command or charge of such boat at the time when the penalty shall be incurred: and the owners of such boat shall be jointly and severally liable for the penalty contained in this section, with the costs of prosecuting therefor; and every master or other person, having the chief command or charge of such boat, who shall be convicted of the penalty under this section, shall be deemed guilty of a misdemeanor, and shall be punishable by fine or imprisonment, or both, in the discretion of the court before which such conviction shall be had: Provided, such fine shall not exceed five hun- Proviso dred dollars, and such imprisonment six months. night 4. And be it further enacted, That whenever any steam-boat Lights at shall be navigating any of the waters of this state, in the night time, she shall shew two good and sufficient lights; one whereof shall be exposed near her bows, and the other near her stern, and the last shall be at least twenty feet above her deck; and in case any steamboat shall navigate any of the waters of this state, in the night time, Regulation as to driving sta ges Proviso fastened without carrying, and having exposed, such lights as aforesaid, the captain, master, commander or person having charge of such steamboat at the time, shall forfeit and pay a penalty of two hundred and fifty dollars, to be recovered by action of debt, with costs of suit, in any court having cognizance thereof, by any person suing for the same: Provided, That nothing herein contained shall be taken to bar or preclude any action, or right of action, which any person might have had if this act had not been passed. 5. And be it further enacted, That when any vessel, navigating that part of the Hudson river which is north of Fort Gansevoort, or navigating lake Champlain, shall be at anchor in the night time, in any of the said waters, she shall lower her peak, and shew a good and sufficient light, in some part of her rigging, at least twenty feet above her deck, and from her tafferil, under the penalty, for not lowering her peak, and shewing such lights, of fifty dollars; to be recovered against the captain, master, owner or commander of such vessel, or the person having charge of such vessel at the time, by action of debt, with costs of suit, in any court having cognizance thereof, by any person suing for the same: Provided, That nothing herein contained, shall be taken to bar or preclude any action, or right of action, which any person might have had if this act had not been passed. and with 6. And be it further enacted, That no person hereafter driving any stage coach, wagon, sleigh or other carriage or vehicle, upon any turnpike road or public highway within this state, with or without passengers therein, shall run his horses to pass, or prevent being passed, by any other stage coach, wagon, sleigh or other carriage or vehicle, or on any other occasion, or for any other purpose; every person offending in the premises, shall, for every such offence, forfeit and pay the sum of twenty dollars; to be recovered, costs of suit, in an action of debt, in the name of any person who shall first make complaint and prosecute for the same to effect, before any justice of the peace having cognizance thereof: one half the sum to be recovered (exclusive of the said costs) to go to the use of the poor of the town in which the offence shall have been committed, and the other half, together with said costs, to go to the use of the party recovering the same and in case the party convicted of the said offence, shall not pay the penalty, so to be recov ered against him, and shall not have sufficient goods and chattels out of which the same can be collected, by regular process of execution, to be issued by the said justice, he shall be imprisoned on execution against his body, to be issued by the said justice for that purpose, without bail or mainprize, until he shall satisfy and pay the said penalty: Provided, such imprisonment shall not exceed thirty days. Horses to be 7. And be it further enacted, That it shall not be lawful for the driver of any stage coach, wagon, sleigh or carriage, used for carrying passengers for hire or reward, to leave the horses attached thereto while passengers remain in the same, without first making them fast with a sufficient halter, rope or chain, or by placing the lines in the hands of some other person, so as to prevent their running; and if any such driver shall offend against this section, in addition to the damages which may be recovered against such driver, he shall be liable to a penalty of twenty dollars, to be recovered in an ac tion of debt, with costs of suit, if prosecuted within six months, before any justice of the peace of any city or county, for the use of the person who shall first sue for the same; and upon such recovery, unless same is paid, an execution may be forthwith issued; and if said penalty cannot be recovered of such driver, then the same may be recovered of the owner or owners of any such coach, wagon, sleigh or carriage, in the manner aforesaid, in an action of debt on such judgment. how recover 8. And be it further enacted, That all penalties incurred by this Penalties act, may be recovered by any person who will sue for the same, with ed costs of suit, in his own name and to his own use, in any court having cognizance thereof; and the venue in any action brought to recover any penalty imposed in either of the sections of this act relating to the Hudson river, may be laid in any city or county bordering on the Hudson river, on whatever part of the Hudson river the offence may have happened, and those for offences committed on lake Champlain, in any county bordering upon that lake. hibited 9. And be it further enacted, That from and after the first day Racing pro of July next, if the owner or driver of any wagon, sleigh, sled, or any other carriage of any description whatever, shall wilfully permit, or cause the horse or horses drawing such wagon, sleigh, sled or other carriage, to run or to race on the highway, any person so offending shall be considered guilty of a misdemeanor, and liable to be indicted and punished therefor, by fine not exceeding fifty dollars, or imprisonment, in the discretion of any court having cognizance thereof, not exceeding sixty days. 10. And be it further enacted, That nothing in this act contain- Hackney ed which relates to carriages employed to carry passengers for hire, coaches shall be taken to extend to, or in any wise to affect the laws of the state or of any incorporation for regulating or licensing hackney coaches or carriages in any city in this state. drivers 11. And be it further enacted, That in all cases when the own- Owners and er or owners of any such stage coach, wagon or other carriage, shall be compelled to pay any fine or damages recovered against any driver thereof, for any violation of this act, such owner or owners may set off the amount thereof against any sum which may be due to such driver from said owner or owners. up 12. And be it further enacted, That it shall be the duty of the Copy of this captain or commander of every such steam-boat, to keep a copy of act to be put this act posted in a conspicuous place in such boat, for the inspection of all persons on board the same; and in case of neglect herein, such captain or commander shall forfeit and pay the sum of twenty-five dollars. Additional ed to trustees CHAP. 223. AN ACT in addition to the Act, entitled" An Act to vest certain Passed April 17, 1826. 1. BE it enacted by the People of the State of New-York, reprepowers grant sented in Senate and Assembly, That from and after the passing of this act, it shall and may be lawful for the trustees of the village of Watertown, in the county of Jefferson, to make and establish such ordinances, by-laws and regulations as they shall judge reasonable, to prevent vice, to preserve good order, to regulate and license grocers, and victualling-houses and ordinaries, where fruit, victuals and liquor shall be sold to be eaten or drank in such houses or groceries; to prevent the sale of spirituous liquors to any child, apprentice or servant, without permit from his parent, guardian or master; to prevent riots and all noisy conduct near any dwelling-house; to restrain and suppress gaming houses; to regulate the price, and manner of weighing hay; to enforce the due observance of the Sabbath; to prevent the firing of any guns, muskets, pistols, squibs, crackers or fire-balls in said village; to enter into and examine all dwelling-houses, stores, shops, manufactories, yards and out-houses, to ascertain whether any such places are in a dangerous state in respect to fires, and to direct them to be placed in a safe and secure condition; to authorise any constable or magistrate to prevent persons from immoderately riding or driving in any street in said village, and to inflict fines for any such offence; to punish any person by fine for unreasonably whipping or beating any horse, ox or other, beast in the streets of said village; to compel any person to assist in the extinguishment of any fire; to require the inhabitants of said village to provide and keep scuttles and ladders to their houses; to prevent, abate or remove any nuisances, and to prevent and remove encroachments on any street or side-walk in said village; and to enforce the due observance thereof, by inflicting penalties on any person for the violation of any by-law or ordinance of said trustees authorised by this act, or the act hereby amended, not exceeding ten dollars for any one offence, recoverable with costs, in an action of debt, by and in the name of the treasurer of said village, in any court having cognizance thereof, in which action the first process shall be by warrant, and in which action it shall be sufficient to declare in debt for such penalty, and give the special matter in evidence; and for the purpose of enforcing the by-laws of said village against offenders who have no goods or chattels, land or tenements, liable to be sold on execution, whereof such penalties can be collected, it shall be lawful for the court before whom any such offender shall be convicted, to cause such person to be imprisoned without bail or mainprise, for a term not exceeding twenty days, in the gaol of the county of Jefferson; and that all such prosecutions shall be instituted by and in the name of the treasurer, upon the order of the trustees, or a majority of them; and the said trustees shall defray all fees and expenses which such treasurer shall incur by means of any such prosecution; and no such prosecution shall abate by reason of the death or removal from office of any such treasurer, but the same shall be continued in the name of his successor in office e; and that no person shall be deemed incompetent, either as judge, justice, juror or witness, by reason that he is an inhabitant of said village, upon any trial of any issue or matter of fact arising under this act, or any by-law of said trustees; and if any person shall be sued for any thing done by virtue of this act, or the act hereby amended, or any by-law of said village, it shall be lawful for such person to plead the general issue, and give this or the act hereby amended, or the by-laws of said village, and the special matter, in evidence at the trial; and if, upon such trial as last aforesaid, a verdict shall pass in favor of the defendant, or the plaintiff disconti nue or become non-suit, the defendant shall recover double costs. money to be 2. And be it further enacted, That the said trustees shall deter- Amount of mine, on the first Monday in May in each year, what sum of money raised shall be paid to them for the use of said village, not exceeding twenty-five dollars, for each license to retail liquor to be drank in any grocery, and to keep a victualling-house in said village: And further, That this act shall be a public act, and shall be construed favorably in all courts, for the beneficial purposes hereby intended. 3. And be it further enacted, That the legislature may, at any Right to re time hereafter, alter, modify or repeal this act. CHAP. 224. AN ACT to amend an Act, entitled" An Act further to amend an Act to lay a Duty on Strong Liquors, and for regulating Inns and Taverns," passed April 1, 1824. Passed April 17, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That the proviso in the said act, limiting the number of inns and taverns in the town of Auburn to six, be and the same is hereby repealed: And be it further enacted, That the commissioners of excise for the town of Auburn shall and may be authorised to exact and receive for licenses, under and in pursuance of the act hereby amended, any sum not less than ten dollars, nor above fifty dollars: Provided, That the legislature may, at any time hereafter, alter, modify or repeal this act. CHAP. 225. AN ACT to annex a certain Road to the Village of Ogdens burgh, in the County of St. Lawrence. Passed April 17, 1826. BE it enacted by the People of the State of New-York, represented in Senate and Assembly, That all that part of the old state road so called, leading from the village of Ogdensburgh, to the vil peal |