cattle going at large,

places.

Reftriction as to or hogs, finall or great, fhall be fuffered to go, run or feed or feeding on certain on any of the beaches or iflands lying between a certain gut or inlet, called Mostick Gut, to the eastward, and another certain gut or inlet, called Huntington Weft-Gut, to the weftward; and in cafe any horfes, neat cattle, sheep or hogs, fmall or great, fhall, after the faid first day of May next, be found on any the faid beaches or iflands, it fhall and may be lawful for any perfon or perfons whatsoever, to take, feize and keep the faid horfes, neat cattle, fheep or hogs, as and for their own abfolute property; any law, ufage or cuftom to the contrary notwithstanding: Always provided, That this act, nor any thing therein contained, fhall not be conftrued to debar or prevent any perfon or perfons whatfoever, having meadows on the faid beaches or iflands, from carrying on, uting and feeding fo many oxen and horfes on the faid beaches or iflands, as fhall be neceffary for carting and ftacking their hay during the proper feafon of getting and fecuring thereof.

Il. And be it further enailed by the authority aforefaid, That if any perfon or perfons whomfoever, fhall fet fire to, or burn the old grafs, or cut any of the timber on any of the faid beaches or islands, he, fhe or they fo offending, on due proof thereof, fhall forfeit and pay the fun of five pounds to any perfon or perfons who will fue for the fame, to his, her or their own proper

ufe.

CHA P. XLVI.

An ACT for the Infpeclion of Sole Leather in the City of New-York. Paffed 28th April, 1784. L E it enacted by the people of the state of New-York, reprefented in fenate

That the mayor, aldermen and commonalty of the city of New-York, in common council convened, fhall be, and hereby are authorised and directed to appoint, from time to time, and as often as vacancies, by deaths, refignation of office, or otherwife, fhall happen, two fit perfons to infpcét and weigh all fole leather that shall be manufactured within the faid city of New-York, or imported or brought into the faid city from any place whatfoever, after the palling of this act; which faid inspectors fhall refpectively take and fubfcribe the following oath, before the mayor or recorder of the city of NewYork, before they fhall be deemed qualified for, or proceed to the execution of the duties enjoined upon them by virtue of this act, viz.

I

do folemnly fwear, That I will, well, faithfully and imparti ally, according to the beft of my fkill and understanding, execute, do and perform the office and duty of an inspector and examiner of fole leather, and will not, directly or indirectly, by myfelf, or by any perfon or perfons under me, or for my benefit or advantage, buy or fell any fole leather during the time that I fhall continue an inspector of the fame (except for the ufe of my own family) according to the true intent and meaning of an act, entitled, An act for the infpection of fole leather in the city of New-York. So help me God

sang fole leather

II. And be it further enaked by the authority aforefaid, Penalty on &ling, That from and after the paffing of this act, no fole leather But infected, &c. whatfoever fhall be fold, difpofed of, or ufed for any purpose or purposes whatsoever, within the faid city of New-York, until the fame

fhall be inspected, fealed and weighed by one of the inspectors to be for that purpofe appointed by virtue of this act, under the penalty of forty fhillings for every fuch offence, to be fued for and recovered by action of debt, with cofts of fuit, in a fummary way, by any perfon or perfons who will fue and profecute for the fame, before the mayor, recorder, or any alderman of the city of New-York, to be levied by process to be directed to the sheriff or any one of the conftables of the faid city, commanding him or them, or either of them, to levy the fame by ditrefs and fale of the offender's goods and chattels; one moiety whereof, when fo recovered, to be paid to the chamberlain of the city of New-York, to be applied at the difcretion of the mayor, aldermen and commonalty of the faid city, to the ue of the poor thereof, and the other moiety to the ufe of fuch perfon or perfons who profecuted for the fame.

III. And be it further enacted by the authority aforefiid, That there fhail be paid to the infpector for infpecting, fealing and weighing of every fide of fole leather, the fum of four-pence; one half thereof to be paid by the feller, and the other half by the purchaser.

provide feals, and to

IV. And be it further enacted by the authority aforefad, Each infpector to That each inspector fhall, and is hereby required to provide mark the leather by himself with proper feals for the purpofe aforefaid, and to him infpected, &c. imprefs on every fide of fole leather which fhall be deemed dry, good and merchantable, his own name and the words, New-York, at full length; and alfo the weight thereof. And if any perfon or perfons fhall prefume to counterfeit fuch mark or marks, to be made by any fuch infpector, by making any impreflion or mark on any fole leather, he or they fo offending, fhall forfeit and pay for every fuch offence, the fum often pounds, to be fued for, recovered and applied in manner aforesaid.

Leather not good,

V. Provided nevertheless, That all fole leather, which how to be ufed. upon inspection as aforefaid, fhall be found not to be dry, good and merchantable, and which, as fuch, fhall not be branded in manner herein before directed, may be used for any other purposes except being worked into fhoes, boots or buckets.

BAD.

VI. And provided further, That all fuch fole leather which fhall not on fuch infpection as aforefaid, be deemed good and merchantable by the infpecAnd to be marked, tor, fhall be by him marked with the word BAD, and may then be used for any other purpofe or purposes, except being worked into fhoes, boots or buckets; and every fuch inspector is hereby required and directed to keep proper inftruments for the purpose of marking fuch unmerchantable leather accordingly; and if any perfon or perfons fhall prefume to work up into fhoes, boots or buckets, any fole leather before the fame fhall be inspected as aforefald, or any fole Penalty on making fhoes, boots or buckets leather which fhall be marked with the word BAD, as aforeof leather marked, faid, he or they fo offending, fhall forfeit and pay for every fuch offence, the fum of ten pounds, to be fued for, recovered

Bad

and applied in manner before directed.

th. 38, and roth feff.

ch. 95.

CHAP. LII.

Amended 8th Seff. An ACT for the better laying out, regulating and keeping in Repair all common and public Highways and private Roads in the Counties of Ulfter,Orange, Dutchess, Washington, Weftchefter, Albany and Montgomery.

Paffed 4th May, 1784. WHEREAS the keeping in good repair public roads, and highways, contributes greatly to the ease and advantage of the inhabitants of a

WHE

country;

town, at their annual

choofe conm fhioners

ways.

I. Le it therefore enacted by the people of the fate of New-York, reprefented in fenate and assembly, and it is hereby enacted by the authority of the fume, Freeholders and in. That from and after the paffing of this act, the freeholders habitants of each and inhabitants of the towns within the counties of Uliter, toan meetings to Orange, Dutchefs, Washington, Weftchefler, Albany and and overfeers of high- Montgomery, fhall be, and hereby are authorised at their annual town meetings for electing town officers, to choose and elect not less than three nor more than five freeholders, as fhall be determined by plurality of voices of the inhabitants at each annual town meetTo be appointed ing, in each refpective town, to be † commiflioners to lay by feflions in Albany, Out and regulate the highways in the town for which they lumbia, roth feff. ch. fhall be fo refpectively chofen; and alfo as many overfeers of the highways in each town as there fhall be road districts in the faid town, who are to overfee, repair and keep in order the feveral highways within the feveral diftricts for which they fhall be elected and cholen overfeers as aforefaid; and the perfons fo to be chosen commiffioners or overfeers, are hereby required to execute the faid offices respectively.

Montgomery and Co

95 fec. I.

Seth feff. ch. 64. fec. 7.

gulate, and inay alter

kc.

II. And be it further enacted by the authority aforefaid, Commisioners to re- That the commiffioners, or the major part of them, in the reads already laid out, refpective towns for which they fhall be chofen commiflioners, are hereby empowered and authorised to regulate the roads already laid out, and if any of them all appear inconvenient, and an alteration neceflary, and the fame be certified upon oath, by twelve reputable freeholders of fuch of the laid counties wherein the alteration may be required, to alter the fame in fuch manner as a majority of commiflioners in fuch town fball judge meet and convenient; and alfo to lay out fuch other public highways and roads, as they or the major part of them fhall judge neceffary, as well for the convenience of travellers as for the inhabitants of fuch town. Provided nevertheless, That where any roads fhall be laid out through inclofed or improved lands, the owner or owners fhall be paid the value of the land fo to be laid out into an highway or road, with fuch damages as he, fhe or they may fuftain by reafon thereof, in manner following, viz. The value of the faid lands. and the amount of the damages the owner or owners thereof may sustain as aforefaid, fhall be determined, and the value fet and appraised by two jutices of the peace, and by the oaths of twelve reputable freeholders not having an intereft in the faid land fo to be laid out into an highway or road; and the faid fi ceholders fhall be fummoned by any conftable of the town in which fuch road or highway fhall be laid out as aforefaid, by virtue of a warrant to be iffued by the faid two juftices of the peace for If the road he a that purpose. And if any road within any town fo laid out public one, how da- to be a common public highway, and the fame be laid out at the request of twelve reputable freeholders of fuch county, P

mages and charges to be paid.

private road, &c.

then the whole value of the faid lands and damages, together with the char ges of the commiffioners and of fummoning the jury, and the whole proceedings thereon had, fhall be paid as the other contingent charges of faid counties are paid; but if the road fo to be laid out fhall be a private road, and And how paid if a for the particular convenience of one or more towns or neighbourhoods, then fuch towns or neighbourhoods requiring the fame, fhall pay and defray the whole of fuch value, damages and charges; and when any fuch highway or road fhall be fo laid out and appraised, it fhall be lawful for any jufice of the peace of the county, or any one of the commiffioners of the town in which fuch road is laid out, to order the overfeers of the road district next unto fuch road, to open and work on the fame: Provided always, That no road or highway shall be laid through any orchard or garden without the confent of the owner or owners thereof, any thing herein contained notwithstanding.

III. And-be it further enacted by the authority aforesaid, May perfon obftruct. That if any perfon or perfons within any of the faid towns ing a road, forfeits 21. do, or hereafter fhall alter or obftruct any highway or road, fuch perfon fo offending fhall, for every fuch offence, forfeit the fum of two pounds, to be recovered before any juftice of the peace of the county where the offence fhall happen, upon the oath of any one or more credible witness or witnesses, and levied by diftrefs and fale of the goods and chattels of the fender, by warrant from fuch juftice, to be directed to any conftable of the How recovered and town where fuch offender fhall refide; and the faid conapplied. ftable is hereby required to pay fuch penalty into the hands of the commiffioners of the highways for the town wherein the offence was committed, to be by the commiffioners thereof applied for and towards repairing the public roads and bridges within the town where fuch forfeiture fhall arife.

IV. And be it further enacted by the authority aforefaid, Breath of roads to That all public roads to be altered or laid out by the commiffioners fhall be of the ‡ breadth of not more than four rods, nor less than two rods.

be laid out by the commissioners.

of perfons liable to

V. And in order that the burthen of keeping the highways in the faid counties in repair, and making other highways for the ease, benefit and convenience of the inhabitants thereof, may be borne as equally as the nature of the cafe will admit of; Be it further enaded by the authority aforesaid, Overfeers of road That the commiffioners for each town fhall be, and are districts to deliver lifts hereby required to meet within ten days after they shall be work on roads, to the fo chofen, at the place of town meeting, on fuch day as they town-clerk, &c. fhall agree upon, and as often thereafter as need fhall be, and at fuch time and place as they fhall think meet; that the overfeers of the road diftricts refpectively, fhall deliver a lift fubfcribed by fuch overfeer to the clerk of the town, in which fuch overfeers fhall refpectively be elected, within eight days next after the day of election, which lift fhall contain the names of all the inhabitants in fuch road district, who are in and by this act made liable to work on the highways; that the faid clerk fhall deliver fuch lifts to the commiffioners of the town, who, or a majority of fuch commiffioners fhall, at their next meeting, or as foon as may be thereafter, affix to the names of each refpective perfon mentioned in such lifts refpectively, the number of

† Altered roth feff. ch. 95. fec. 30.

New roads to be four rods wide at least. reth f.ff. ch. 95. fec. 1.

days which fuch perfons fhall respectively be liable to work in the then enfu ing year, to be determined by the commiffioners in proportion to the eflate and ability of each refpective perfon; and the commiffioners fhall thereupon, after cauling the clerk of the town to make a copy of fuch lift, and after the faid commillioners or a majority of them fhall have fubfcribed the copies of fuch lifts, cause the fame refpectively to be delivered to the overfeers of the town, having returned the fame in the manner herein before mentioned, or his fucceffor in office: Provided always, That if the name of any perfon fhould be left out of such lifts, or the road increase by the acceffion of new inhabitants, fuch perfons whofe names are omitted or fhall remain in the town, hall, from time to time, be added to the faid lift, and the perfons be rated by the faid commiffioners to work on the highways: Provided alfo, That it Noper fon to be rated shall not be in the power of the commiflioners to rate any more than 10 days. one perfon rateable by this act, at more than twenty days annually.

Who are fubject to

VI. Ánd in order the more clearly to afcertain what përwork on the roads. fons fhall be compellable to work on the highways in each diftrict; Be it enacted by the authority aforefaid, That every freeholder, houfe-keeper, and other perfon exercising any trade, bufines or labour for themfelves, and on their own account, or receiving wages for fuch labour within the faid counties, fhall be liable to work on the public roads and highways.

VII. And be it further enacted by the authority aforefaid, That all the inhabitants of the refpective towns who fhall be rated to work on the highways, fhall, as often as they or any of them fhall receive notice from the overfeers of the highways for the time being, to work on the highways, punctually attend the faid fervice, either by themselves or by an able fufficient man in their ftead refpectively, with proper tools, and faithfully work all the number of days at which they are rated, if required, at fuch place or places as the overfeer fhall direct. And in cafe any perfon or perfons duly warned fhall On neglect, when refufe or neglect to appear, or being come to work on the Earned, forfeit 20s. highways fhall remain idle, or not work faithfully, or hinder or deter any other from doing his duty, fuch offender fhall, for each and every fuch offence, forfeit the fum of twenty fillings, to be adjudged by the overfeer of the highways in the diftrict where the offence fhall happen, and to be levied by diftrefs and fale of the goods and chattels of the offender, by warrant under the hand and feal of fuch overfeer, and to be directed to any To be paid to the conftable within the town where the offinder fhall refide; ders, to repair and the faid forfeitures to be paid to the faid overfeer; and to be by him well and faithfully laid out within his district, for and towards repairing the public roads and bridges within the fame. VIII. And be it further enacted by the authority aforesaid, That if the overfers of the highways and roads fhall think fit, and have occafion for any team, cart, waggon or plough, and a man to manage the fame, the faid team, cart, waggon or plough, and man to manage the fame, fhall be cffeemed to be for, in lieu, and instead of three days work of one man, and the fine to be proportionable; that is to fay, Treble to the fine to be impofed for the neglect of one perfon; and every working man fhall be obliged to bring one ipade, hoe, axe, crowbar, pickaxe, or other working tool, as shall be directed by the overfeers of the highway in the refpective road districts.

† Altered as to Albany, Montgomery and Washington, 10th fefi, eh.99, fec. 5.