let of the meadows of Anthony Lifpenard, into Hudfon's river; thence ei. tending to, and along the north fide of the dwelling houfe of Nicholas Bay. ard; thence to and along the north fide of the dwelling house of Morgan Lewis, Efquire, and thence to and along the north fide of the dwelling bout Jate of Abraham Cannon, to the Eatt river, to be applied to the payment of f many watchmen, as the mayor, aldermen and commonalty of the faid city, in common council convened, fhall from time to time think neceflary fur guarding the faid city; and alfo the purchafing oil, providing lamps, and repairing and attending the lamps, which now are, and from time to time hereafter may be erected within the faid city; and for the payment of fuch other contingent charges of the faid city, ariling within the limits above mentioned, and properly chargeable thereto, as the mayor, aldermen and commonalty of the faid city, in common council convened, fhall, from tize to time think neceffary, and from time to time direct. Which faid fevera! fums of money, fhall be rated and affeffed according to t How to be rated, eftate of each refpective perfon fo to be taxed, and be col lected in one payment, and paid into the hands of the treafurer or chamberlain of the faid city, at fuch time as the faid mayor, recorder and aldermen, or a major part of them, fhall direct and appoint, any thing in the fecond fection of the statute, entitled, " An act for the more ef fectual collection of taxes in the city and county of New-York," contained to the contrary notwithstanding.

collected and paid.

IV. And be it further enacted, That it fhall and may be lawful, for the collectors in the feventh ward of the faid city, to retain in their hands the fum of one failling in the pound, and the collectors in the feveral other wards, the fum of nine pence in the pound, and no more, for their trouble in collecting and paying to the treasurer or chamberlain of the faid city, fuck fums of money as fhall be raised by virtue of this act; and that it fhall and may be lawful, for the faid treasurer or chamberlain to retain in his hands the fum of two pence in the pound, and no more, for his trouble in receiving and paying the faid monies.

CHA P. XI.

An ACT to authorife the Corporation of the Reformed Proteftant Low Dutch Church at New Utrecht, in King's County, to fell and difpofe of certain Lands for the Benefit of the faid Church.

Paffed 18th February, 1792.

WHEREAS the truftees of the Reformed Proteftant Low Dutch Church

at New Utrecht, in King's county, have, by their petition to the legiflature, prayed for leave to fell, for the benefit of the faid church, certain lands belonging to the faid church, in the town of New-Utrecht aforefaid: Therefore,

Be it enacted by the people of the fate of New-York, reprefented in fenate and affembly, That full power, good right and lawful authority, fhall be, and hereby is granted to the trustees of the faid church, to fell and alien in fee, all right and title belonging to the faid church, or vefted in them as its trustees, of and in ali fuch lands, fituate, lying and being in the town of NewUtrecht, in King's county, as they fhall from time to time, deem neceffary for the advancement of the intereft and promoting the profperity of the faid church. Provided always, that the lands fo to be fold, by virtue of this act, fhall not exceed in quantity twenty-fix acres.

CHAP. XII.

An ACT for the better laying out and keeping in Repair the Public Iligh. ways and Private Roads in the County of Welchefer. Paffed 24th February, 1792.

Inhabitants of the

annual town meetings

1. BE it enacted by the people of the Rate of New-York, represented in senate and affembly, That from and after the pafling of this act, the freeholders and inhabitants of the refpective towns in the coun feveral townsin Welt- ty of Weftchefter, fhall be, and hereby are authorised and chefter county,attheir required at their annual town meetings for electing town to elect commiflio ers officers, to choose and elect not less than three, nor more tlayout and regulate their roads. than five freeholders, as may be determined by a majority of votes at their annual town meetings, to be commiffioners, to lay out and regulate the roads, highways and road districts, in the towns for which they fhall fo refpeétively be chofen; and allo as many And to elect as ma- overfeers of the highways as there shall be road districts in ny overleers of the the faid town, whofe duty it fhall be to oversee and keep in hall be road districts repair the roads and highways within the feveral diftricts for in each town. which they shall be elected; and the perions fo to be chofen commiffioners or overfeers, are hereby required to execute their faid offices respectively.

highways as there

each town directed to

out new roads, accord

11. And be it further ensfied, That the commiffioners of Commiffioners of each refpective town in the faid county, or a major part of regulate, alter, or lay them, are hereby authorised and required to regulate the ing to their difcretion roads already laid out, and if any of them fhall appear inconvenient and an alteration neceffary, to alter the fame in fuch manner, as they or the major part of them fhall judge neceflary and convenient, and alfo to lay out fuch other public highways and roads, as they fhall judge neceflary, as well for the convenience of travellers as for the inhabitants of fuch town. Provided nevertheless, That where any road fhall be altered or laid out, through any inclofed or improved lands, the owner or owners thereof shall be paid the value of the lands fo laid out into an highway or road, with fuch damages, as he, fhe or they may fuftain by reason thereof, which value and damages may be fettled and agreed upon by the commiffioners and the parties interested therein; and if they cannot agree, then the value of the lands and damages fhall be fet and appraised by two juftices of the peace, and by the oaths of twelve reputable freeholders, not interested in paying or receiving any part of fuch apprifal, otherwife than in paying his proportion of tax for the contingent charges of the county; which freeholders fhall be fummoned by any conftable not otherwife interested than as aforefaid, by virtue of a warrant to be iffued by the faid two justices of the peace for that purpofe, and if any road within any fuch town fo laid out, be a common or public highway, the whole value of the lands fo laid out into an highway and damages, together with the charges of the commiflioner and the cofls of afcertaining the value and damages fhall be paid as the other contingent charges of the faid county are paid. "But if the road fo to be laid out, be a road for the particular convenience of one town, or a private road for the convenience of one or more perfons, in fuch cafe, fuch town or the perfon or perfons requiring the fame, fhall pay and defray the whole of fuch value and damages, cofts and charges, as were occafioned by the laying out of fuch road; and when any fuch road or highway fhall be fo laid out and appraised, it shall be lawful for any one juftice of the peace of Vol, IL Cec

the county, or any one of the commiffioners of the town in which fuck road fhall be laid out, to order the overfeer or overfeers of the road diftrict or diftricts, in which fuch road is, to open and work the fame. Provided always, That no private road fhall be laid out through any orchard or garden, without the confent of the owner or owners.

not lefs than four

records.

ing roads, how to be

III. And be it further enalled, That all public roads Public roads to be to be laid out by virtue of this act, fhall not be less than four rods wide, and to be rods wide; and that the commiffioners of the refpective entered on the town towns fhall, from time to time,caufe to be entered,on the town Penalty for obftruct records, all fuch roads or highways as by them fhall be laid fued for, recovered out or altered; and that if any perfon or perfons fhall alter and applied. or obftruct any highway, or road already laid out, or to be laid out or altered by virtue of this act, fuch perfon or perfons fo offend ing fhall forfeit, for every fuch offence, the fum of forty fhillings, to be fued for and recovered by the overfeer of the road diftrict in which fuch obstruction or alteration fhall be, in an action of debt, with cofts, and when recovered, to be paid into the hands of the town-clerk, fubject to the dif pofition of the commiffioners of fuch town; and if any tree fhall fall out of any inclofed or improved lands, across or into any public road or highway, the owner or poffeffor of fuch lands fhall remove the fame within fortyeight hours after the fame be fo fallen, or be liable to a fine of ten fhillings for every day fuch owner or poffeffor fhall neglect to remove the fame, after notice given by any perfon whomfoever, to be recovered and applied in manner aforefaid.

road districts, within

liver to the town clerk

died freemen in their

IV. And be it further enacted, That the refpective overOverfeers of the feers of the road districts fhall, within fourteen days a certain time, to de- after their election, deliver a lift, fubfcribed by fuch a lift of all the free overfeers, to the clerk of the town in which fuch overseers holders and able bo- refide, containing the names of all the inhabitants poffeffing diftricts, &c. real or perfonal property, and refiding in their respective diftricts; and alfo of every other able bodied free male perfon above the age of twenty-one years. And the refpective commiffioners of each town, or a majority of them, fhall, within fixteen days after their being elected, meet together at the place of their refpective elections, and the clerk of each town fhall deliver to the commiffioners of their respective towns, the returns made by the overseers of the road diftricts; and thereupon the faid commiffioners fhall proceed to affefs and affix to each perfon's name fo returned, fuch fum or fums of money as they, or the major part of them, fhall judge neceffary for keeping in repair the roads for that year, in the district where fuch perfons dwell; and the faid commiffioners, in making fuch affeffment, fhall have refpect to the estate and ability of the perfon fo affeffed. Provided, That No perfon to be af- no able bodied freeman fhall be affeffed less than four fhillings; fhillings; and the af- and the faid commiflioners, after having made and subscrifeflment, when made, bed their names to fuch affefiment, and caufed copies thereof town clerk, and co- to be filed with the clerk of the town, fhall deliver fuch lifts pies with the overfeers. and affeffments to the overfeers of each respective road diftrict, who fhall have returned the fame, in manner herein before directed. V. And whereas there may be in fome of the road districts, When large bridges large bridges, and other repairs neceflary to be made, which are neceflary, com miffioners may raise would be too great a burden for the inhabitants of fuch hey, as herein directed diftrict: Therefore, Be it enacted, That if a majority of the

fffed lets than four

to be filed with the

a further fum of mo

commiffioners of either of the refpective towns fhall judge it neceffary to raise a further fum than fhall have been affefled on the inhabitants of the districts in fuch town, for building large bridges, and making fuch other repairs as the commiffioners, or a majority of them fhall judge ought to be made at the expence of fuch town, they fhall meet together, and agree upon the fum neceffary to be raised for that purpose, and fhall deliver a certificate of fuch fum to the fupervifor of the town, who fhall lay the fame before the supervisors of the county, at their next annual meeting, for raifing the contingent charges of the county, who fhall cause the fame to be affefled and collected from the freeholders and inhabitants of fuch town, in the fame manner as the contingent charges of the county are raised; and when collected, to be paid into the hands of the clerk of the town, who fhall pay the fame to the overfeer or overfeers of the road districts, when required, by an order from a majority of the commiffioners of the faid town. Provided the commiffioners of any town fhall not caufe to be raised in one year, more than the fum of one hundred pounds for the purposes last mentioned.

and lay out the mo

VI. And be it further enacted, That it shall be the duty of Overfeers to collect the respective overfeers of road diftricts, in the respective nies in certain pro- towns, to collect and apply two thirds of all the money afportions, and within certain times. fefled in each respective year in repairing the roads in the diftricts in which it was collected, on or before the twentieth day of June, and the other remaining third on or before the first day of November, in each refpective year.

ing the roads, to follow

commiffioners.

heavy rains, a juftice

order the overfeer to

VII. And be it further enacted, That the overfeers of the Overfeers in work feveral road districts in the respective towns fhall work and the directions of the repair the roads in their feveral diftricts, in fuch manner as And when any they fhall be directed by the commiffioners; and if the roads roads are impaired by fhall be impaired by heavy rains, or otherwife, fo as to or committioner may render them inconvenient, any justice of the peace of the repair them. county, or commiffioner in any fuch town, having notice thereof, fhall order the overfeer or overfeers of fuch district or districts to amend and repair the fame; and the overfeer of any district where the road fhall be fo impaired, fhall, within two days after fuch notice, caufe fuch road to be well repaired. Provided, That if the money affefled on the inhabitants of the district fhall be expended before How extra repairs are to be maile when extra repairs become neceffary, then, and in that cafe, the the money afleed is neceflary expenditure of making fuch repairs fhall be paid all expended. out of the monies which may be in the hands of the town clerk of the town where fuch repairs, shall have been made.

juft account ofall mo

and exhibit them to

VIII. And be it further enacled, That the refpective overOverfeers to keep a feers of road diftricts fhall keep a juft and true account of all nies collected and ex- the monies collected and laid out within their respective dif pended on the roads, tricts, and from whom collected; and fhall exhibit fuch acthe lupervisors. counts before the fupervifor and town clerk of their respective towns; and the said supervisor and clerk of the refpective towns are hereby required to meet together on the laftTuefday of March in every year,at the place of the laft election for town officers, and being fo met, shall audit and settle the accounts of fuch overfeers of the road districts as shall lay their accounts before them; and if, upon fuch fettlement, any money fhall remain in the hands of any of the overfeers of the road districts, they shall pay the balance into the hands of their respective town clerk; which money fhall remain in bis hands, fubject to be drawn out by the commiffioners, as is directed in and

by this act; and if any of the faid overfeers fhall have neglected to colle the whole amount of the monies affeffed on the inhabitants of their district, they shall be answerable to the clerk of the town for the whole of fuch deficiency, unless they fhall produce, at the time of fuch fettlement, a receipt from the conftable of fuch town for their warrant iffued and delivered for the collection of fuch deficiencies; and the conftables refpectively are hereby directed and required to purfue the fame measures to collect the mo ney required to be collected by fuch warrant, as they are directed to purfe in collecting money due on executions, by virtue of an act entitled, An act for the more speedy recovery of debts to the value of ten pounds," and be fubject to the like penalty for neglect of duty as they are fubjected to for neglect of duty in and by the faid act. Provided always, That if any money fhall be due on any fuch warrant, iffued by any overfeer of any road district, at the fettlement of fuch overfeer with the fupervifor and town clerk, then, and in every fuch cafe, the faid constable shall be answerable to the town clerk in the fame manner as he is to the party aggrieved in and by the faid last recited act.

IX. And be it further ended, That in cafe any public road Reals leading to or highway leading to any place of embarkation, or any places of embarkation, c. to be continued as new road fhall be required to be laid out, fuch public road Straight as potible from town to town. or highway fhall be continued from town to town, and through the fame, as ftraight and direct as the nature of the ground will admit. And that fuch public road or highway may be eftablifhed, or being established, may be altered fo as to be more generally convenient, and useful to the inhabitants of the refpective towns, through which the fame may pafs, it fhall and may be lawful for the commiffioners of the town, which require the faid road to be laid out or altered, by writing under their hands to appoint and fummon a general meeting of all the commiflioners of the refpective towns throught which the road propofed fhall extend, at any time not lefs than ten days, or more than twenty days after the fervice of notice on the faid commiffioners, and at fuch convenient place in that town, which fhall be moft central to the ufual refidence of the major part of fuch commiflioners; and the faid commiffioners are hereby directed and required, to meet and attend according to fuch appointment, and when the faid commiffioners, fo convened, fhall have confulted together, and deliberated upon the fubject of the faid meeting, they shall then proceed to lay out the highway or road required, from town to town, and in the best and moft adventageous manner for the public and general utility and convenience, that is to fay, the commiffioners of each respective town, fhall lay out that part of the intended road which extends through the town, of which they are respectively commiffioners; and the fame fo being laid out, fhall be certified, returned and recorded as a public road or highway, in manner directed in and by this act, and fhall be maintained in each respective town; but if a majority of the commiflioners of any or either of the faid towns fo met and affembled, fhall difapprove of and not confent to the place or places, where any part of fuch road fhall be propofed to be laid out, and propofe any other place or places for the fame, to which the commiffioners of the town through which that part of the road is to pass, or a majority of them do not confent and agree, then and in every such case, a description shall be made in writing, figned by all the commiffioners prefent, of both the roads propofed,and it fhall be lawful for three or more of the faid commiffioners to apply to any two juftices of the peace of the faid county, not refiding or