Where lands of two or more perfons jo'n,

divifion fence how to be made, and disputes fence-viewers.

to be filed by the

XVIII. And be it further enacted by the authority aforefaid, That where the lands or meadow of any two or more perfons fhall join each other, each of them fhall make and maintain a jull proportion of the divifion or partition fence, between them, except fuch perfons as fhall chufe to let their lands or meadows lay vacant and open, and in cafe any difputes fhall arife concerning the part or proportion of the fence to be made and maintained by either party, the fame fhall be fettled by the fence-viewers of fuch place where fuch lands or meadow fhall be fituated, or any two of them, whofe decision fhall be conclufive; and if any perlon fhall neglect or refute to make and maintain his or her part or proportion of fuch fence, or fhall permit the fame to be out of repair, every fuch perfon fhall be liable to, and fhall pay all and every fuch damages as fhall accrue to his or her neighbour or neigh bours thereby, to be appraised and afcertained by the fence-viewers of the fame place, or any two of them, not interefted therein, being fit fworn well and truly, and without any favour or partiality, to appraife and afcertain the true and real value of fuch damages, according to the beft of their knowledge, fkill and judgment; and to be recovered with cofis, in any court having cogHizance of the fame. And in cafe the party fo neglecting or refufing, fhail continue fuch neglect or refufal for the pace of one month after notice and request to make or repair tuch fence, then, and in every fuch cafe, it shall be lawful for the party injured or aggrieved thereby, to make or repair all the faid fence at the expence of the party to neglecting or refufing, to be recovered with colls of fuit, in any court having cognizance of the fame. Any perfon may And in cafe any perfon or perfons who fhall have made his, throw open his land her or their proportion of any fuch fence, fhall conclude or for common feeding upon giving three be difpofed to throw up his, her or their faid lands or meanonths notice. dow, for common feeding, or to let the fame lay open, he, fhe or they fhall give three months notice thereof to the perfon or perfons in poffeffion of the lands or meadow adjoining, and if fuch fence fhall be removed without giving fuch notice, or before the expiration of the faid three months, then, and in every fuch cafe, the perfon or perfons fo removing or caufing fuch fence to be removed, fhall be liable to make good all fuch damages, as the party injured and aggrieved by fuch removal, fhall sustain thereby, to be recovered as aforefaid, with cofls.

which may be carried

XIX. And whereas in fome parts of this ftate, the fences inclofing meadow and low land, are frequently injured, deftroyed or carried away by floods and high tides, which generally happen in the fpring of the year, and the owners of fuch meadow or low land lofe a great part of the profits thereof for the whole year, unless the faid fence be speedily repaired or new made; Fences enclofuglow Therefore, Be it further enacted by the authority aforefaid, land and meadow, That in all cafes where any fuch partition fence fhall be fo away or injured by injured, destroyed or carried away, every perfon who ought fds, how to be reby law to make or repair the fame, fhall make or repair the Faired. fame, or his or her juft proportion thereof, within ten days after he or she fhall be thereunto required by any perfon interested therein; and if any perfon fhall refufe or neglect to make or repair his or her proporton of fuch fence, for the space of ten days after fuch request as aforefaid, then, and in every fuch cafe, it fhall be lawful for the party injured or aggrieved thereby, to make or repair all the faid fence, at the expence of the party fo neglecting or refufing, and he or she shall and may recover the fame, with cofis, in any court having cognizance thereof.

Where diftrefs is made of any beafts

the damage is to be altertained,

XX. And be it further enacted by the authority aforefaid, Cong damage, how That when any diftrefs fhall be made of any beafs doing damage, the perfon diftraining fhall, as foon as conveniently may be, and within twenty-four hours thereafter, make application to the two neareft fence-viewers in the fame town, to appraise and afcertain the damage, who fhall immediately thereupon go to the place where fuch damage fhall be committed, and view the damage done, and appraise, ascertain and certify under their hands, the amount thereof, with their fees for the fame, being first fworn well and truly, and without any favour or partiality, to appraise the true and real amount of fuch damage, according to the beft of their knowledge, fkill and judginent; and if any difpute fhall arife concerning the fufficiency of the fence, it fhall be determined by the fame fence-viewers, whofe decifion fhall be conclufive; and the perfon making the diftrefs, fhall, as foon as he fhall think proper, and within forty-eight hours after making fuch diflrefs, unless the damage frail be fooner paid, caufe the beafts fo diltrained to be put in the nearest pound in the fame county, where they fhall remain until the fum fo certified by the fence-viewers, with the fees of the pound-mafter, shall be paid, or the Leafs fo impounded be replevied. XXI. And be it further enalled by the authority aforefaid, Common council of That it fhall and may be lawful for the common council Mudfon to make rules for the time being, of the refpective cities of New-York, their feveral cities. Albany and Hudfon, to make fuch orders, rules, and regu lations for the making, amending, and maintaining the fences in the faid cities refpectively, as well partition fences as others, as they fhall from time to time judge moft proper and convenient.

New-York, Albany &

relating to fences in

to be kept in each

keepers thercot to be appointed.

XXII. And be it further enacted by the authority aforefaid, One fufficient pound That there fhall be made and kept one good and fufficient city and town, and pound in each city and town of this flate, and that it fall and may be lawful for the common council of the refpective cities of New-York, Albany and Hudson, from time to time, to appoint keepers of the pounds in their refpective cities, who fhall refpectively hold their offices during the pleasure of the faid common council, and that the faid refpective keepers of the faid pounds and the refpective pound-mafters in each refpective town, fhall and may have, receive and take for all beafls that fhall be put into the pound of which he is keeper or mafter, the following fees, to wit: For taking in and discharging every horfe, geld-· ing, mare or colt, and all neat cattle, one fhilling each, and for every freep or lamb, three pence, and for every hog, fhoat or pig, fix pence; which fees fhall be paid to the faid keeper or pound-mafler, by the owner or owners of the beafts impounded, or fome perfon or perfons for him, her or them, before the faid beafts fhall be releafed or discharged from fuch pound, unless the keeper or mafter of fuch pound, fhall otherwife agree concerning the fame. And if the owner of any beafts impounded for doing damage, fhall not pay the damage and the fees of the keeper or mafler of the pound, with reafonable charges for keeping and feeding them, not exceeding three pence for each beaft for every twenty-four hours each fuch beaft fhall be impounded and fed, within fix days after fuch beafts fhall be impounded, or replevy the fame beafts, then it fall and may be lawful for fuch keeper or mafter of fuch pound, to fell fuch beafts at public vendue, giving at leaf for y-eight hours previous notice of fuch tale, by advertisement, to be fet up at the faid pound, and at the nearest public place to the faid pound, and cut of the

monies arifing from fuch file, to pay the faid damage, and retain in his hands his fees and charges of feeding and keeping the fame beafts, and of fuch Jale, and return the overplus to the owner of the fame beafts; and if no fich owner fhall appear and claim fuch overplus within fix calendar months after fuch fale, the fame fhall be paid to the overfeers of the poor of the city or town where fuch beafts were impounded, for the ufe of the poor of fuch city or town.

XXIII. And be it further enacted by the authority aforesaid, That this act fhall take effect and be in force from and after the first day of April, in the year of our Lord one thoufand feven hundred and eighty-nine, except with refpect to the county of Weftchefler, and that with respect to the faid county it fhall take effect within twenty days after the pailing thereof.

CHA P. LXV.

An ACT for defraying the public and neceffary Charge in the refjellive Counties of this State.

I.

And town yearly, to

of the effats of te

bitants, and make a 1.ft their names.

name to fet down the

value of each perfo's

Cate.

Paffed 7th March, 1788.

1. BE it enacted by the people of the state of New-York, represented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the affeffors of each refpective city, town and place, As of each city in every county of this flate, fhall yearly and every year, enquire into thevalue as foon as conveniently may be after they are chofen and ficholders and i ha qualified, proceed to enquire into the value of the real and perfonal eftate of every freeholder and inhabitant within the city, town or place, whereof they are affeffors; and fhall make out a true and exact lift of the names of all the And oppofite fich freeholders and inhabitants of the respective cities, towns and places, for which they fhall be chofen affeffors; and of fuch who have eftates therein, and do not refide there; and oppofite to the name of every fuch perfon fhall fet down the real value of all his, or her whole eflate, real and perfonal in the fame city town or place, as near as they can difcover the fame, and fhall fet down the value of the real eftate of each perfon as aforefid, in one column, and the value of the perfonal eflate of each person as afordid, in another column of the fame lift or affeflment, leaving room fufficient oppofite thereto to infert the fum cach perfon is to pay; and fhall complete and deliver the fame lift or affiffiment, figned by fuch affeflors, or the major part of them, to the fupervifors of the county in which fuch city, town or place is or fhall be fituated, or their clerk, on or before the laft Tuefday in May next after their election, yearly and every year; and if any affeffor fhall refufe or neglect to perform the duty hereby required of him, every afle for fo refufing or neglecting, fhall forfeit and pay for every fuch offence, the fum of twenty-five pounds, to be fued for and recovered for the ufe of the county where fuch offence fhall be committed, with costs, in any court of record, by action of debt, bill, plaint or information, and in the name of the fupervifors of the fame county; and in every fuch action, fut or information, it fhall be fufficient for the plaintiffs to fet forth, that the defendant at a certain time and place became indebted to the fupervisors of the faid county, in the faid fum of twenty-five pounds, as a forfeiture incurred for refufing and neglecting to perform the duty required of him by vir tue of an act, entitled, An act for defraying the public and neceflary charge

la the respective counties of this flate, to be paid to the fupervifors of the faid county, when he fhould be thereunto required, and to give the fpecial matter in evidence: And all fuch penalties, when recovered, fhall be applied to the ufe of the county where the offence was committed, in fuch manner, and for fuch purpofes as the fupervisors of the fame county for the time being, fhall direct and appoint.

annually to examine

of their county, and

the faine.

II. And be it further enucled by the authority aftreid, Supervifors to meet That the fupervifors of each city, town and place, in each and allow the accounts of the refpective counties of this flate, fhall yearly, on the determine what funs laft Tuesday of May in every year, meet together at the must be raised to pay court-houfe of the fame county, and at fuch other time or times, and place or places, as they shall find and judge neceffary and convenient, and exainine, overfee, fettle and allow all such accounts as the fame county is or fhall be chargeable with; and examine, compute and afcertain what fum of money ought to be railed in the fame county in that year, for the payment of fuch accounts, and for defraying the public and neceffary contingent charges of the fame county; and fhai add to the fame, all fuch other fum and fums of money, as are or fhall be impofed or laid on the fame county by any law of this ftate, and to be railed in that year in the fame county, and fhall then fix and afcertain by fuch ways, and in fuch manner as they fhall judge to be juft and equitable, what proportion or how much of fuch whole fum then to be raifed in the fame county, ought to be raifed and paid by each city, town and place in the fame county; and fhall then add to the fum fo to be railed and paid by each city, town and place in the fame county, the fum to be raised in that year, by the fame city, town or place, for the maintenance and fupport of the poor of the fame city, town or place; and fhall thereupon caufe a computation to be made what each pound of the fum total of the valuation of the eftates in each city, town and place, ought to pay of the fum fo to be raised in the fame city, town or place, and cause the fum to be paid by each perfon to be inferted in the faine lifts or affeffiments oppofite to his or her name; and fhall then, and before the first day of September, in every year tranfinit the lift or affeffiment of each city, town and place, fo compleated, to the collector of the fame city, town or place, with a wariant under their hands and feals thereto annexed, commanding the fame collector to collect of and from all and every the perfon and perions named in the faid lift or afleff. ment, the feveral and refpective fums mentioned and contained in the laft column of the faid lift or affeffnent, and oppofite to their refpective names, and to pay fuch part thereof as fhall be raised for the maintenance and fupport of the poor of the fame city, town or place, to the overseers of the poor of the fame city, town or place, and the refidue thereof to the treasurer of the county in which fuch city, town or place is fituated, on or before the firft Tueday of February then next. And in cafe any perfon or perfons fhall refufe or neglect to pay the fums at which his, her or their eflate or eftates fhall be rated or taxed as aforefaid, the collector to whom the fame ought to be paid, fhall be, and hereby is authorifed and required to levy the fame, by diftrefs and fale of the goods and chattels of the perfon or perfons who ought to pay the fame; and if the goods and chattels fo dif trained fhall be fold for more than the amount of fuch tax, and the charges of the diftrefs and fale, the overplus fhall be returned to the owner of fuch goods and chattels; and that a claufe for this purpose shall be inferted in every fuch wairant fo to be fent to the refpective collectors.

Perfons in poffeffion

of real ettes Fable

fane, and collector

III. And be it further enacted by the authority aforesaid, to pay the tax for the That the perfon in poffeffion of any real eftate, at the time may fell timber, any tax is to be collected, fhall be liable to pay the tax imwood or grafs. pofed on fuch real estate; and in cafe any other perfon by agreement or other wife, ought to pay fuch tax, the poffeffor who fhall pay the fame, fhall and may recover the amount thereof from the perfon who ought to have paid the fame. And further, That where any land, meadow or real estate is or shall be taxed, and no goods or chattels fhall be found thereon, whereof fufficient diftrefs can be made for the faid tax, then and in every fuch cafe, it shall and may be lawful for the collector, who ought to collect the fame tax, and he is hereby authorised and required to fell at public vendue, giving at leaft fix days previous notice of fuch fale, by advertisement to be put up at two or more public places in the fame town, fo much of the timber, wood or grafs, growing or being thereon, as fhall be fufficient to pay the faid tax, with the charges of fuch advertisement and fale; and it fhall and may be lawful to and for the purchafer, his executors, adminiftrators and affigns, at any time within fix months after fuch fale, to enter upon fuch lands, meadow or real eftate, and to cut, take and carry away fuch timber, wood and grafs, or in cafe fuch grafs cannot be cut and made into hay, then to use the fame grafs for pafture. Provided always, That when it fhall become neceffary to fell timber or wood for the obtaining fuch tax, fix weeks notice, in manner aforefaid, fhall be given by the collector; and every fuch collector is hereby directed and required to pay the fum in fuch warran: directed, to be paid to the overfeers of the poor out of the first monies he fhall collect and receive: And if any fuch collector fhall neglect or refufe to pay the fame, by the time in fuch warrant mentioned, it fhall and may be lawful for the overfeers of the poor to whom the fame ought to be paid, or their fucceffors in office, to recover the fame with cofts of fuit, in any court of record, against fuch collector, his heirs, executors or adminiftrators, in an action of debt in the name of the overfeers of the poor of the city or town, for which they are or fhall be chofen: And it fhall be fufficient for the plaintiff to fet forth in the declaration, in any fuch fuit or action, that fuch collector, at the time he ought to have paid the faid money, became indebted to the overfeers of the poor of the city or town mentioned in fuch warrant, in the fum thereby directed to be paid to them, by virtue of an act, entitled, An act for defraying the public and neceffary charge in the refpective counties of this ftate; to be paid to the overfeers of the poor of the city or town aforefaid, when he fhould be thereunto requir ed, and to give the special matter in evidence: And no fuch fuit or action fhall be abated or difcontinued by the death or by the expiration of the office of fuch overfeers of the poor, or any or either of them, but the fame shall or inay be continued and profecuted to effect, by the furvivors and fucceffors in office of the fame overfeers. And if any collector fhall neglect or refuse to pay to the county treasurer, the money directed by any fuch warrant to be paid to him, by the time mentioned in fuch warrant, then and in every fuch cafe, the treasurer of the fame county for the time being, is hereby authorised and required to iffue a warrant under his hand and feal, directed to the fheriff of the county, commanding him to levy the fame, or if a part is paid, fo much as fuch collector fhall be deficient, of the lands and tenements, goods and chattels of fuch collector: And if the lands and tenements, goods and chattels of fuch collector, fhall not be fufficient to pay the whole fum directed to be levied, then to take fuch collector and confine him in the