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on board of
thereof, as they find the fame : And the faid magiftrate is hereby empowered and required to give judgment agreeable to the raport of the faid three view. ers, cr any two of them; and in case the said pot-or pearl ashes are adjudged to be of the quality or qualities as dilinguished by te inspector, the faid magillrate is hereby authoriled to direct the faid pot or geiriaus. to be branded by the fauid inspector agreeable to such distinction, and 0-as also award and order the owner or poft for of the faid pot or peari fesz
, to pay to such inspector fix-pence for each hundred weight for all such po vr.pearl afhes as fall be adjudged as aforesaid, with reasonable coils and charges; but in case the said pot cr pearl afhes upon trial shall be found to difer in quality from the faid infpector's judgment thereon, the cotts shall be paid by the inspector.
IV. And be ii furtier ended by the auihoriy.10-cfuid, Infpector may not That every such inspector shall have full power aint autho
rity, by virtue of this act, and without further or other war
rant, to enter on board of any ship, floop or veslei whatsoe. ver, lying or being in the harbour where such inipector is authorised to idfpect pot or pearl afhes, to search for and make discovery of any por or peari alhes Inpped or shipping on board any such vesiel for exportation out of this State : And if such inspector Mall on search discover any calk or calks of pot or pearl afhes not branded as before directed, the person or pertons fo shipping, or having shipped the fame, shall forteit all and every such cask or casks of pot or peari afhe's lo shipped or Ihipping, and not branded in the manner berein before directed, and the maiter or commander of any such vessel, who shall receive any such cask or calks of pot or peari afhes not branded as aforesaid, shall forfeit the sum of five pounds; and if any mailer of any ship or. teski, or any of his servants or feainen, shall obstruct or hinder the said infpector in making such search as aforesaid, every person fo offending, shall, for such offence, forfeit the film of ten pounds.
V. And be it furti er cnu@ed by the authority aforesurid, Infpestors how to That the govemór or person administring the government
of this state for the time being, by and with the advice and consent of the council of appointment, shall, and is hereby authorised and required to appoint one or more fit perion or persons to be inspector or infpectors of pot and pearl alhes, in each such city or county of this itate, as to Lue faid governor and council shall appear neceifary; and if any fuch infpector or inspectors fo appointed, shall, by any accident, be rendered incapable, or thall neglect to execute the faid office, or misbehave himfelfor themselves therein, or shall die, then, and so often, and from time to time as such calės may arife, it shall and may be lawful for the said governor, or person adminiftring the government, by and with the advice and content of the faid councl of appointment, to appoint other fit and capable person or persons in his or their stead, who shall thereupon be the injector or inspectors for putting this act in execution, with all the powers, and subject to all the penalties deícribed in this act ; and each of the inspectors fo to be appointed by virtue of this act, fall, before he enters upon the execution of his office take and subscribe an oath before a magiftrate of this state, in the words following, viz.
do folemnly swear, That I will faithfully,truly and impartially, to the best of my judgment, ikill and understanding, exccute, do and perform the office and duty of an infpeétcr and examiner of pot and pearl alhes, according to the true intent and meaning of a law of this itate, entitled, An act to ascertain the quality of pot and pearl alnes; and that I will not, direéty or indirectly, by myself, or by any other per on or persons for me, buy or
sell any pot or pearl ashes during the time I continue inspector of the fame, on my own account, or upon the account of any other person or persons whonifoever. So help.me God.
VI: rd be il further cnailed by the authority aforesaid, Penalty on delin- That is any inspector of pot or pearl ases, not then employquent inspectors.
ex in the examination and inspection of pot or pearl ashes (according to tre quies required by this act) shall
, on application made for the examination of any pot or pearl afhes as aforesaid, refule, neglect or delay to proceed to duch examination and inspection, for the space of three hours after such application so made to him, the inspector so refusing, neglecting or delaying to make such examination and inspection, fall, for each offence, forfeit-the. sum of twenty fillings, to the use of the person or persons fo delayed.
VII. And be it enored by the authority aforesaid, That Penalay on counter- if any person or persons shall counterfeit any of the afore
faid brand marks, or impress or brand the same on any cask Oi casks of pot or pearl ashes, knowing fuch brand mark or imprefsion to be counterfeit, he, Mne or they, being thereof legally convicted, shall forfeit and pay the sum of fifty pounds.
VIII. And be it further enaĉied by the authority aforesaid, Penalty on emptying That if any person shall empty any cask or calks of pot or in other poster pearl pearl alhes branded as aforelaid, in order to put in other pot out the dorand marks or pearl ashes for sale or exportation, without first cuning
out the said brand marks, the person or persons fo offending, fhall respectively forfeit the sum of fifty pounds.
IX. And be il further enačied by the authority aforesaid, Fines and forseit. That all the fines and forfeitures mentioned in this act, Thall a.14 applied. be recoverable in the same manner as other debts of the same value are recoverable by the laws of this state, by suit, bill, plaint or information, wherein no efloin, protection or wager of law, or any more than one ima parlance shall be allowed; the one moiety of all which fines and forfeitures (except such as are herein before otherwise applied) when recovered, fall (after deducting the necellary costs) be immediately paid into the hands of the treasurer of this fate, toward the support of the government thereof, and the other half to the officer or other person who will sue for the same.
X. Ad be it further enabled by the authority aforeluid, All put and prar? That all pot or pearl afhes shipped for exportation from where stapped for ex. any port of this state, shall be inspected at the place where portation.
the faid pot or pearl alhes may be fo shipped for exportation out of this state, having the name of the place where it shall be shipped, and the letters of the inspector's name who has inspected and examined the same as before directed.
UTCS, haw Tecovered
с нА Р. XLII. Ainended 13th tell. An ACT to rcftrain the feeding and burning the Grass,azd
ciliting the Timber on certain Beaches arid Inlands riercin 11.cntioned.
Paffed 24th April, 1784. 1. 1.
E it enafied by the people of he fiatc of New-York, reprenied in female
and on?mbly, und it is hereby enitted by the authoihy of the fame, That from and after the firit day of May. next, no horses, neat cattle, sacep
Refriction 25 to or hogs, sinall or great, shall be suffered to go, run or feed a feeding on certain on any of the beaches or islands lying between a certain gut places.
or inlet, called Mostick Gut, to the eastward, and another certain gut or inlet, called Huntington West-Gut, to the westward; and in case any horses, neat cattle, sheep or hogs, small or great, Mall
, after the faid fift day of May next, be found on any the said beaches or islands, it shall and may be lawful for any person or persons whatsoever, to take, seize and keep the said horses, neat cattle, sheep or hogs, as and for their own absolute property; any law, usage or custom to the contrary notwithstanding: Always provided, "That this act, nor any thing therein contained, shall not be conftrued to debar or prevent any person or persons whatsoever, having meadows on the said beaches or islands, from carrying on, ułing and feeding fo many oxen and horses on the said beaches or illands, as shall be necefiary for caring and stacking their hay during the proper feason of getting and securing thereof.
II. And be it further enafled by the authority aforesaid, That if any person or persons whomsoever, shall set fire to, or burn the old grass, or cut any of the timber on any of the said beaches islands, he, she or they so offending, on due proof thereof, shall forfeit and pay the fun of five pounds to any person or persons who will sue for the fame, to his, her or their own proper use.
CH A P. XLVI.
Passed 28th April, 1784. 1 BE
E it enated by the people of the state of New-York, represented in senate
and assembly, and it is hereby enalled by the authority of the lume, That the mayor, aldermen and commonalty of the city of New York, in common council convened, shall be, and hereby are authorised and directed to appoint, from time to time, and as often as vacancies, by deaths, resignation of office, or otherwise, shall happen, two fit persons to inspcct and weigh all fole leather that shall be manufactured within the faid city of New-York, or imported or brought into the said city from any place whatsoever, after the palling of this act; which faid inspectors shall respectively take and subfcribe the following oath, before the mayor or recorder of the city of NewYork, before they shall be deemed qualified for, or proceel to the execution ofthe duties enjoined upon them by virtue of this act, viz.
do folemnly swear, That I will, well, faithfully and impartially, according to the best of my skill and understanding, execute, do and perform the office and duty of an inspector and examiner of sole leather, and will not, directly or indirectly, by myself, or by any person or persons under me, or for my benefit or advantage, buy or fell any fole leather during the tine that I fall continue an inspector of the fame (except for the use of my own family) according to the true intent and meaning of an act, entitled, An act for the inspection of fole leather in the city of New-York. So help me God
II. And be it further enailed ly the authority oforeid, Per alty am Ming, That from and after the palling of this act, no sole leather but infpxected, &c. whatsoever shall be sold, disposed of, or used for any purpose or purposes whatsoever, within the said city of New York, until the fame
shall be inspected, sealed and weighed by one of the inspectors to be for that purpose appointed by virtue of this act, under the penalty of forty shillings for every such offence, to be sued for and recovered by action of debt, with costs of fuit
, in a summary way, by any person or perions who will fue and prosecute 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 constables of the said city, commanding himn or them, or either of them, to levy the same by ditrefs and sale of the oifender's goods and chattels; one moiety whereof, when so recovered, to be paid to the chamberlain of the city of New-York, to be applied at the discretion of the mayor, aldermen and commonalty of the said city, to the ue of the poor thereof, and the other inoiety to the use of such perfon or persons who profecuted for the same.
III. And be it further cracked by the autori'y aforesuid, That there shall be paid to the inspector for inspecting, fealing and weighing of every fide of fole leather, the sum of four-pence; one half thereof to be paid by the seller, and the other half by the purchaser.
IV. And be it further called by the audhority aforesaid, Each inspector to That each inspector shall, and is hereby required to provide mark the leather by himself with proper deals for the purpose aforesaid, and to tìın inspected, &c.' impress on every side of sole leather which Niall be deemed dry, good and merchantable, his own name and the words, New-York, at full length; and also the weight thereof. And if any person or persons shall presume to counterfeit such mark or inarks, to be made by any such inspector, by making any impreslion or mark on any fole leather, he or they fo offending, shall forféit and pay for every such offence, the sum of tên pounds, to be sued for, recovered and applied in inanner aforesaid. Leather not good,
V. Provided nevertheless, That all sole leather, which how to be used. upon inspection as aforesaid, shall be found not to be dry, good and merchantable, and which, as such, shall not be branded in manner herein before directed, may be used for any other purposes except being worked into shoes, boots or buckets.
VI. And provided further, That all such sole leather which shall not on such inspection as aforesaid, be deemed good and merchantable by the inspec
And to be marked, tor, shall be by him marked with the word' BAD, and BAD.
may then be used for any other purpose or purposes, except being worked into shoes, boots or buckets; and every such inspector is hereby required and directed to keep proper instruments for the purpose of marking such unmerchantable leather accordingly; and if any person or perfons shall presume to work up into shoes, boots or buckets, any sole leather
before the fame shall be inspected as aforesaid, or any fole Penalty on making hoes, boots or buckets leather which shall be marked with the word BAD, as aforeher leather marked, Said, he or they so offending, shall forfeit and pay for every
fuch offence, the sum of ten pounds, to be sued for, recovered and applied in manner before directed.
d. 38, and roth 1. th. 95.
9 fec. I.
С НА Р. LII.
in Repu.ir cell common und public Highways and;rivate Riads in the Corenties of Ciffer,Orange, Dutchess, Wahington, Weftchefter, Albany and Montgomery.
Pafled 4th May, 1784. THEREAS the keeping in good repair public roads, and highways,
contributes greatly to the eale and advantage of the inhabitants of a country;
I. Le it therefore enazed by the people of the fate of New-York, represented in fenate und offembly, and ii is hereby craied by the authority of the sume,
Freeholders and in. That from and after the passing of this act, the freeholders habitants of each and inhabitants of the towns within the counties of Ulster, ben meetings to Orange, Dutchess, Washington, Westchester, Albany and and cover let of Montgomery, shall 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 shall be determined by plurality of voices of the inhabitants at each annual town meet4 To be appointed ing, in each respective town, to be † commillioners to lay by elians in Albany, out and regulate the highways in the town for which they kanbia, islı tel. ch. shall be so respectively chosen; and also as many overseers Serish fell.ch.64.
of the highways in each town as there shall be road districts
in the said towa, who are to oversee, repair and keep in order the several highways within the several districts for which they shall be elected and cholen oversiers as aforesaid; and the persons fo to be chosen commilioners or overseers, are hereby required to execute the said offices respectively.
II. And be it further enaclcd by the authority aforefaid, Commissioners to re. That the commissioners, or the major part of them, in the roads already laid uut, respective towns for which they shall be chosen commillion.
eis, are hereby empowered and authorised to regulate the roads already laid out, and if any of them (1:all appear inconvenient, and an alteration nécetary, and the fame be certified upon oath, by twelve reputable freeholders of such of the said counties wherein ihe alteration may be required, to alter the same in such manner as a majority of commillioners in such town fball judge meet and convenient; and also to lay out such other public highways and roads, as they or the major part of them shall judge necessary, as well for the convenience of travellers as for the inhabitants of such town. Provided nevertheless, That where any roads shall be laid out through inclosed or improved lands, the owner or owners shall be paid the value of the land fo to be laid out into an highway or road, with such damages as he, she or they may sustain by reason thereof, in manner following, viz. The value of the said lands. and the amount of the damages the owner or owners thereof may sustain as aforesaid, shall be determined, and the value fet and appraised by two ju’lices of the peace, and by the oaths of twelve reputable feeholders not having an interest in the said land fo to be laid out into an highway or road; and the said fieeholders snall be fuminoned by any constable of the town in which such road or highway shall be laid out as aforesaid, by virtue of a warrant to be issued by the said two justices of the peace for
that purpose. And if any road within any town lo laid out rubles and how da to be a common public highway, and the fame be laid out at the request of twelve reputable freeholders of such county,
If the road he