Removal tions; in shall be deemed to have put or left the same thereon, unless he or she prove the contrary. And be it further enacted by the authority aforesaid, That on informaof obstruc- tion being given, by any person whomsoever, to the overseer or overquiry as to seers of the said roads or highways, of any of the said nusances or wrongdoer. obstructions, he shall immediately proceed to the removing thereof; and shall also use his best endeavours to discover the person or persons, who committed the same, who, upon discovery, shall not only be liable to the penalties, herein before appointed, but also to the costs of removing them, and a reasonable compensation to such overseer or overseers, for his or their time or trouble therein; to be recovered by such overseer or overseers with costs of suit, before any court having Neglect by cognizance thereof as aforesaid. And further, that every overseer who shall neglect or refuse to do his duty, according to the true intent and meaning of this act, shall, for every such neglect or refusal, forfeit and pay to the treasurer or chamberlain of the said city for the time being, the sum of five pounds like lawful money, for every offence, to be recovered with costs of suit, and paid and applied as aforesaid. overseer. Process tion. And be it further enacted by the authority aforesaid, That the first and execu- process to be issued against any offender or offenders against this act, shall be by warrant and not otherwise; and that the execution, on conviction, shall be against the goods and chattels of the offender or offenders; and for want of such goods and chattels, against his, her or their bodies, and shall be contained in one and the same precept, and not otherwise; any law, usage or custom to the contrary hereof in any wise notwithstanding. Penalty for injury to And be it further enacted by the authority aforesaid, That in case any shade trees person or persons, shall sell or otherwise destroy any tree or trees, standing on any of the said roads, or within the distance of one rod thereof, without the leave of the said mayor, aldermen and commonalty, or of the owner of such tree or trees, such person or persons shall for every such offence, forfeit the sum of three pounds, to be recovered, paid and applied as aforesaid. Wagons going southward to have right of way. And be it further enacted by the authority aforesaid, That in all cases of persons meeting each other on any of the said roads or highways, in carriages, waggons, carts or sleighs, those who are going out north ward, shall give way to such as are coming in southward, under the penalty of forty shillings for every offence, to be recovered, paid and applied in manner aforesaid. All taxes to the same manner. CHAP. 62. AN ACT for the more easy assessment and collection of taxes in the city and county of New York. PASSED the 21st of March, 1787. Be it enacted by the People of the State of New York, represented in be levied in Senate and Assembly, and it is hereby enacted by the authority of the same, That all taxes to be levied within the city and county of New York, by virtue of any law hereafter to be made and passed, whether for the use of the State or for the maintenance of the poor and defraying the contingent charges within the said city and county, shall be rated and assessed by the assessors, and collected by the collectors, now chosen, or hereafter to be chosen for the assessing and collecting of taxes, to be raised within the said city and county, any law, usage or custom to the contrary in any wise notwithstanding. port of the And be it further enacted by the authority aforesaid, That all monies Taxes for heretofore raised, or hereafter to be raised, by tax on estates real and the sup personal of the freeholders and inhabitants of the said city and county, poor and indigent for the maintenance of the poor, and for defraying the contingent charges charges. within the said city and county, shall be paid into the hands of the treasurer or chamberlain of the same city, for the time being, and shall be applied and disposed of for the purposes for which the same are or shall be so raised, in such proportions and from time to time, as the mayor, aldermen and commonalty of the same city, in common council convened, by warrant under the hand of the mayor or recorder of the said city, presiding in such common council, shall direct and appoint. corder and be the su And be it further enacted by the authority aforesaid, That the mayor, Mayor, rerecorder and aldermen, for the time being, of the city of New York, or aldermen the major part of them, of whom the mayor or recorder always to be declared to one, shall be, and hereby are declared to be, the supervisors of the city pervisors and county of New York, and shall be so considered in all laws already of New made, and hereafter to be made, except in such cases where in and by this act or any other of the laws aforesaid, it is, or hereafter shall be otherwise expressly directed. York city. exempt And be it further enacted by tho authority aforesaid, That no minister Persons of the gospel, phisician, surgeon, clerk or attorney of any court of record, from serv or any person who shall have served as a member or clerk of the senate ing as color assembly, or in any office in the corporation of the said city, superior constables. to that of collector or constable, shall be compelled to serve in the said office of collector or constable, within the said city. lectors and CHAP. 63. AN ACT for altering the charter rights of the city of Albany. WHEREAS by the charter of incorporation granted to the mayor alder- Preamble. men and commonalty of the city of Albany, on the twenty second day of July in the year of our Lord one thousand six hundred and eighty six, it is, among other things granted and declared, that the mayor of the said city for the time being, and no other, shall have power and authority to grant licences annually under the public seal of ths said city, to all tavern-keepers, ordinary-keepers; victuallers and all public sellers of wine, strong waters, cyder, beer or any sort of liquor by retail, within the liberties and precincts thereof, or without the same, in any part of the county of Albany; and that the mayor of the said city for the time being, shall be the sole coroner of the said city and county of Albany. That the said mayor, aldermen and commonalty, should have the exclusive right of regulating the trade with the Indians in the said city of Albany, and to the eastward northward and westward of the said city; and that the freemen of the said city, and no other inhabitant of the colony of New York, should be admitted to such trade. That the election of aldermen, assistants and chamberlain for the said city, shall be annually held on the feast of St. Michael the archangel. That the mayor and any three or more of the aldermen, and three or more of the assistants, shall be the common council of the said city. And that a court of common pleas shall be held once every fortnight for the said Certain charter rights of Albany city of Albany, before the mayor, recorder and aldermen, or any three of them, whereof the mayor or recorder to be one. And whereas the said mayor, aldermen and commonalty, have by a deed under their common seal, surrendered and yielded up to the people of this State, the said above mentioned and recited rights and privileges granted to them in and by the said charter, of the mayor of the said city granting licenses to tavern-keepers, and others as aforesaid, in any part of the county of Albany, (the said city of Albany only excepted) and of the mayor being the coroner of the said city and county of Albany; and also the right of regulating and exclusively enjoying the said trade with the said Indians, and also the right of electing the officers aforesaid, on the feast day of St. Michael the arch-angel. And whereas the said mayor, aldermen and commonalty of the said city, have also by their petition under their common seal as aforesaid, prayed to have certain alterations made in the rights and privileges herein before recited, and not in and by the said deed surrendered and yielded up; Therefore. Be it enacted by the People of the State of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, the city of That the said deed of the said mayor, aldermen and commonalty of the abrogated. city of Albany, is hereby declared to be accepted; and that the said rights and privileges of the mayor of the said city, of granting licenses to tavern-keepers, and others as aforesaid, (excepting only in the city of Albany), and of being coroner of the said city and county of Albany, and also the right of regulating and carrying on the said trade with the Indians, and also the right of electing the said aldermen, assistants and chamberlains on the day aforesaid, respectively granted in and by the said charter of incorporation, shall be, and the same are hereby respectively abolished, abrogated, annulled, and made void, any thing in the said charter contained, to the contrary thereof in any wise, notwithstanding. And be it further enacted by the authority aforesaid, That the election of the said aldermen, assistants and chamberlain, to be elected in purbe held on suance of, and in virtue of the said charter, shall forever hereafter be Tuesday of held on the last Tuesday of September in every year; and that the said September. aldermen assistants and chamberlain, shall, instead of taking the oaths Election of charter officers to the last Recorder to act as mayor in case of absence. Three aldermen to hold court of common of office pursuant to the directions of the said charter on the fourteenth day of October in every year forever hereafter, take the said oaths in the manner prescribed in and by the said charter, on the second Tuesday of October in every year. And be it further enacted by the authority aforesaid, That it shall and may be lawful, when and as often as the mayor of the said city for the time being, shall be sick, die, or be absent from the said city, for the recorder of the said city to convene a common council for the said city, and to hold the same in like manner, and with the same number of aldermen and assistants, as the mayor of the said city in and by the said charter is authorised and empowered to convene and hold the same. And be it further enacted by the authority aforesaid, That in case of the sickness, death or absence of the mayor and recorder, it shall and may be lawful to and for any three of the aldermen of the said city, to hold and keep the court of common pleas established in and by the said absence of charter, in like manner, as if the said mayor, or recorder were present, and together with two aldermen, held and kept the same. pleas in mayor and recorder. One coro ner to be appointed And it be further enacted by the authority aforesaid, That one of the coroners to be appointed in and for the county of Albany, shall forever for the city hereafter be a citizen of the said city, and that such coroner, so being a of Albany, citizen of the said city, shall be the sole coroner in and for the said city. Provided always, that nothing in this act contained, shall be construed to alter, change or abolish the right granted in and by the said charter, to the mayor of the said city, to grant licenses to tavern-keepers, and others, who sell liquors in the said city, in the manner directed and declared in and by the said charter; or to affect, alter abridge or extend any right or privilege, granted in and by the said charter, other than those in and by this act particularly mentioned, as altered, abrogated or abolished. CHAP. 64. AN ACT for the relief of persons, who were in exile during the late war in respect to the payment of certain arrears of taxes. PASSED the 22nd of March, 1787. WHEREAS it has been represented to the legislature by the humble Preamble. petition of William Van Deursen, Joseph Hall and several other persons who were inhabitants of the city of New York previous to the evacuation thereof by the army of the United States; that they are charged with certain arrears of taxes, assessed against them during the time of their exile, and while they were resident in the city of Albany, and before their return with their families to the said city of New York; and whereas the time limited by the act entitled "An act for the more effectual collection of the arrears of taxes" passed the 31st of March 1786, for the payment of such arrears in certificates, had expired before the said person were required to pay the same; and whereas suits have been commenced against the said persons for the payment of the said arrears in gold or silver coin, and it is deemed reasonable, that the said persons should be relieved in the premises. Therefore taxes, time cates ex Be it enacted by the People of the State of New York represented in Arrears of Senate and Assembly, and it is hereby enacted by the authority of the same, bapa ment That it shall and may be lawful for all such persons respectively, to pay in certiflsuch sums as shall be found due and owing by them for any such arrears tended. in the certificates made receivable by the said act, and it is hereby made the duty of the collectors, the county treasurers, and the treasurer of this State, to receive the same in like manner, as they might have done had such payments been made before the first day of November last any thing in the said act to the contrary hereof in any wise notwithstanding provided that each of the said persons shall pay the costs of prosecution in any suit or suits that have been or may hereafter be commenced against them for or on account of the said arrears respectively. CHAP. 65. AN ACT for the speedy trial and punishment of such persons as shall commit any offences, under the degree of grand larceny. PASSED the 24th of March, 1787. Be it enacted by the People of the State of New York, represented in Petty larSenate and Assembly, and it is hereby enacted by the authority of the same, ceny what That every person who shall after the passing of this act, be guilty ed to be. of the felonious or fraudulent taking and carrying away, of the meer personal goods, of another, of the value of five pounds lawful money of this State, or under (except in such cases where the offence is or shall be by law punishable with death) shall be deemed and adjudged to be guilty of petty larceny only, and being thereof duly convicted, by verdict, or confession or indictment, in the supreme court, court of oyer and terminer or gaol delivery, or court of general sessions of the peace of the city or county in which such offence shall have been committed, shall suffer such corporal punishment, not extending to life or limb, as the some court in which such conviction shall take place, in their discretion, shall think proper to award. And if such corporal punishment shall be by whipping, it shall not exceed thirty nine lashes, in one day. And whereas evil disposed persons do frequently go to shops, stores and other places within this State, and purchase or take up monies, goods or merchandize of various kinds, in the name of other persons, without their knowledge or consent; for prevention and punishment whereof. Be it further enacted by the authority aforesaid, That if any person or obtaining persons shall, from and after the passing of this act, knowingly and designgoods by.edly, by false pretence or pretences, obtain from any other person or persons, any monies, goods, or merchandize, or other effects whatsoever, with intent to cheat or defraud such person or persons, of the same, he, she or they, shall be deemed guilty of an offence against the people of this State; and being thereof duly convicted in manner aforesaid, in any of the courts aforesaid, shall suffer such punishment, as in cases of petty larceny by this act is directed to be inflicted. False pre tences, Trial and punishment of offenders in New And whereas not only several disorderly persons inhabitanting in the city and county of New York but many other vagrant and idle persons, passing the same, from the neighboring counties and States, or elsewhere, have often committed divers misdemeanors, breaches of the peace, and other criminal offences aforesaid, under the degree of grand larceny, and not being able to procure bail, to appear at the general sessions of the peace, then next to be held in and for the said city and county, and having no substance of their own, have been a great expence to the inhabitants thereof, in maintaining them in the mean while in goal; for remedy whereof, Be it further enacted by the authority aforesaid, That every person who shall, after the passing of this act, commit of any of the offences, in this act above mentioned and described, within the said city and county of York city. New York, and who being apprehended and brought before the mayor, recorder or any one of the aldermen, of the said city, and charged on oath with having committed any of the offences aforesaid, shall not forthwith give good and sufficient bail, for his or her appearance at the then next general sessions of the peace, to be held in and for the said city and county of New York, then and there to answer the offence or offences, which he or she shall be charged with, such person so charged, shall be committed to the common goal of the said city and county. And in case any person shall be so committed, and being kept in the said goal, for the space of forty eight hours from and after such commitment, shall not give good and sufficient bail, for his or her appearance, at the then next general sessions of the peace, to be held in and for the said city and county of New York, then and there to answer for the offence or offences, wherewith he or she shall be charged; then and in every such case, it shall and may be lawful to and for the mayor, recorder and aldermen of the said city, for the time being, or any three of them, of whom the mayor or recorder to be one, forthwith to hear and determine the offence or offiences committed by such offender as aforesaid : |