IX. And be it further enacted by the authority aforefaid, That all trees nding or lying on, or in any land through which any common public ighway or road is or fhall be aid out, fhall be for the proper ufe of the owher or owners of fuch land, fo as the overfeer or overfeers of the highways fhall be authorised to take and use so much timber ftanding or lying on fuch road, as may be neceflary to repair the highway or bridges leading through fuch land.

X. And be it further enacted by the authority aforefaid, That if any tree fhall fall out of any inclofed land, into, or across any of the public highways, that the owner of fuch inclosure fhall, within twelve hours after the fame be fo fallen, remove the fame, or be liable to a fine of twenty fhillings for every day fuch owner fhall neglect to remove the fame, after notice given by any perfon or perfons whaubever; to be recovered and applied in the manner as other fines and forfeitures are before directed to be recovered and applied by this act.

XI. And be it further enaced by the authority aforefaid, How work to be That in cafe it fhould not be neceffary in any one or more proportioned, if not all neceffary. of the laid road districts, to have all the days wrought by the inhabitants that this act requires, that then the committioners fhall direct the overleers to let the icveral perfons work in their juit proportion to the days fuch perfons are ref ectively rated at, and no more; or to pay an equivalent at the rate of four fhillings per day.

or altered, to be en

XII. And be it further enacted by the authority aforesaid, Highways laid out That the commiffioners of the refpective towns, or the tered and recorded. major part of them, fhall, from time to time, during the continuance of this act, enter in writing all the highways fo by them laid out or altered; and the highways fo laid out and altered, they fhall caufe to be entered of record with the clerks of the respective towns.

XIII. And be it further enacted by the authority aforefaid, Private roads, That upon application to the commiffioners of any town for a private road, the commitioners for the faid town where fuch private road is defired to be laid out, fhall view the fame, and if they are of opinion that fuch road is abfolutely neceffary, and twelve reputable freeholders under oath fhall be of the fame opinion, the faid commiflioners are hereby empowered to lay out fuch road, obferving the fame fteps in afcertaining what hall be paid for the faid land, as before directed to be taken in laying out public roads; and the value of the land over which fuch road shall be laid, and all the expences and charges attending the laying out and valuing the fame, fhall be paid by the perfon or perfons applying for the fame; and the For what ufe to be faid road when laid out, fhall be for the only ufe of the Lept. perfon or persons who fhall pay for the fame, his and their heirs and affigns, but not to be converted to any other ufe or purpose than that of a road. Provided always, That the owner or owners of the land through which fuch private road may be laid, fhall not be prevented from making ufe of fuch road, if he fhall fignify his intention of making ufe of the fame, at the time when the jury are to afcertain the value of the land, and the damages by means of laying out fuch road.

gates may be made.

XIV. And be it further enacted by the authority aforefaid, Where fwinging That it fhall and may be lawful for any perfon or perfons, to hang good eafy fwinging gates in the faid counties on fuch highways, roads and private ways, as the commiffioners, or the major part of them, fhall deem proper; fuch perfon or perfons keeping the fame in ood and fufficient repair at their own cofts and charges.

XV. And be it further exacted by the authority afore 'aid, Perfons ftaking open That in cafe any per.on or perfons fhall flake or fhore open fch gates, forfeit los. for each offence, &c. any gate or gates that shall be allowed in the faid counties by the commi honers, or wilfully and unneceffarily ride over or through any lands, meadow grounds, or comfields, to the damage of the owners thereof, fuch perfon or perfons fhali for every fuch o ence, forfeit the fum of ten fhillings, to be adjudged by any of the commiffioners for the town where fuch offence fhall be committed, and be levied by and applied in like manner as the forfeitures mentioned in the third claufe in this act: Provided, That fuch penalty fhall not be deemed a fatisfaction for fuch damage, but the owner or owners of fuch meadow grounds or cornfields, fhall be entitled to a right of action for the recovery of damages, the payment of luch penalty notwithstanding.

day's work, and is.

neglect.

XVI. Ad be it further enacted by the authority aforesaid, Six hours to be a That every perion compellable to work on the highways fine for every hour's in either of the faid counties, fhall actually work for each day he is obliged to work fix hours, and fhall be liable to pay a fine of one fhilling for every hour fuch person shall be in default, to be recovered and applied in like manner as the forfeitures mentioned in the eighth claufe of this act.

to work, may com

day, &c.

XVII. And be it further enacted by the authority aforefaid, Perfans compellable That it fhall and may be lawful for any perfon compellable tate and pay 45. per to work on the public roads or highways as aforesaid, to commute for and pay money at the rate of four fhillings per day, inftead of working; which money fhall be paid to the overfeer of the highway of the diftrict in which the perion or perfons paying the fame do refide, to be by the faid overfeer applied and expended in the improvements of the faid roads and highways in fuch road diftrict, and towards purchafing materials and other neceffaries for, and in erecting and building the most public and useful bridges in the fame diftrict.

fivided into road di

Sricts.

XVIII. And be it further enacted by the authority aforefaid, How owns may be That the commilioners for the time being of the refpective towns, or the major part of them, fhall, if needful, at leaft ten days before their next annual town meeting, and fo annually, if they fall judge the fame neceflary, by writing under their hands, to be lodged with the town clerk, and by him to be entered in the town book, divide their refpective towns into as many road diflricts as they fhall judge moft convenient, and for each of which districts there fhall annually be An overfeer to be elected and chofen, by the freeholders and inhabitants of fuch towns in the faid counties refpectively, an overfeer of the highways.

cholen for each di

ftrict.

XIX. And be it further enacted by the authority aforefaid, That every overfeer of the highways who thall neglect or refule to do and perform any of the duties and fervices required of him by this act, fhall forfeit and pay the fum of five pounds for every fuch neglect or refufal, to be adjudged, and levied, and applied in like manner as the forfeiture mentioned in the third chufe of this act: And if any vacancy of overfeers fhall happen by death or otherwife, in any fuch cafe the commiffioners of tuch towns refpectively, or the major part of them, fhall, and hereby are empowered to appoint fome other fit perfon in fuch diftrict as overfeer or overfeers; and the overfeer or overfeers fo appointed, fhall have the fame powers, and be fubject to the fame fines, forfeitures and penalties, as over eers chofen by virtue of this act have, or are liable and fubject to, until the next annual day of election.

Commiflioners or

juftices may order roads.

overfeers to work on

XX. And be it further enacted by the authority aforefaid, That any of the juftices of the peace for either of the faid counties, or any of the commiffioners for the time being, may, at any time or times, order any overfeer to work upon and repair any road or highway that fuch juftice or commiflioner fhall think neceffary, within the district of fuch overfeers; and fuch overfeer shall, within five days thereafter, warn and fet to work the perfons of his diftri& who are obliged to work on highways upon that part of the road and highway, which he fhall be fo ordered to work upon and repair; and upon any neglect or refufal of fuch overfeer or overfeers, to warn and fet to work the perions in and by this act required, fuch overfeer or overfeers refpectively, hall, for every fuch offence, forfeit the fum of two pounds, to be recovered and applied in like manner as is directed by the third claufe of this act.

an account of anonies

done.

XXI. And be it further enacted by the authority aforefaid, Over feers to keep That the overfeer of each diftrict fhall keep a juft and true received and work account in writing, wherein he fhall diftinctly fet down or mention all fuch perfons as have commuted for, and paid In lieu of working as aforefaid, and fuch as have been fined, and the fums in which they were fo refpectively fined, and alfo thofe who fhall have actually worked on the public roads or highways, with the number of days they have fo worked; which faid account, together with the faid lift, the faid overfeer fhall, on or before the determination of his office, deliver to one of the commiffioners of the town to which he doth belong; which account fo delivered, the faid commiffioner fhall file with the town clerk, and the faid overfeer fhall pay the balance mentioned in the faid account (if any) to his fucceffor in office, to be expended in the course of the next year; and if any of the faid overfeers fhall refufe to pay fuch balance, the fucceeding overfeer fhall and may fue for the fame, in like manner as he might have done if fuch balance had been due to him in his own right,

fum to be raised for

XXII. And whereas the monies that may arife by fines, and from perfons commuting for and paying money in time of working, may not be fuficient for purchafing materials and other neceffaries for erecting and building bridges, and in making fuch other improvements on the public roads as are abfolutely neceffary, and cannot be accomplished in the ordinary way of working thereon; Be it further enacted by the authority aforesaid, That if the major The cominiffimers part of the commiffioners of any town in either of the faid may agree upon a counties fhall judge it neceffary to raise a further annual sum making improve for the purpose aforefaid, they fhall in that cafe meet togements on roads. ther annually, and agree upon the fum neceflary to be railed for that year, and fhall deliver a certificate of fuch fum fo agreed upon, in writing, fubfcribed with their names, to the fupervifor of fuch town; which fupervifor fhall lay the fame before the fupervisors of the county at their next annual meeting for raifing the contingent charges of the faid county, who fhall, and they are hereby required to order the raifing and collecting of that fum of and from the freeholders and inhabitants of fuch town, in the fame manner and after the fame rate that the contingent charges of the county are raised; which fum, as foon as the collector fhall have collected the fame,' fuch collector shall and is hereby required to pay into the hands of the clerk of the town in which it was levied, to be paid to the overfeer or overfeers of the public roads or highways for the faid town, on an order or orders under the hands of the major part of the commiffioners being produced and delivered to him for that purpofe: Provided always, That the annual sun so

This clanfe not to

Cornwall.

agreed upon to be raifed, fhall not exceed the fum of one hundred pounds for any town; which fum or fums fhall be laid out and expended in the faid town in the fame manner and for the like purposes that fines are directed to be applied by virtue of this act: And provided alfo, That extend to Gothen and nothing in this clause contained shall be conftrued to extend to the precincts of Gofhen and Cornwall, in Orange county. XXIII. And be it further enacted by the authority aforefaid, Commishioners to That the commiffioners for the highways to be chofen by virtue of this act, fhall, before they execute any of the pow ers herein mentioned, take an oath, or if the people called Quakers, an affirmation before any juftice of the peace for the county in which they shall be chofen commiffioners, in the words following, viz.

take an oath.

[For the form of the oath, fee 8th fefl. ch. 38. fec. 6. and 11th feff. ch. 64. fec. 11.]

Bridges and caufe Corawall, how to be

ways in Goshen and

repaired.

XXIV. And be it further enacted by the authority aforefaid, That the bridges and caufeways herein after mentioned, in the precincts of Gofhen and Cornwall, in the county of Orange, fhall be made and kept in repair by a public tax on the freeholders and inhabitants in the faid two precincts, and are as followeth, viz. One bridge and caufeway near the houfe of Zachariah Dubois, deceased; one other bridge and caufeway near Richard Goldsmith's; one other bridge and caufeway near Johannes Decker's; one other bridge and caufe way near Benjamin Tuften's; one other bridge and ded to bridges over Caufeway across Pochuck Creek, where the old bridge now Roelof Janfen's kill, ftands; one other bridge and caufeway near Warwick

This fection exten

1th fel.ch.31. fec. 1. meeting-houfe; one other bridge and causeway near Grey Court; one other bridge and caufeway near Curtis Coleman's; one other bridge or caufeway across the Murderer's Creek, near Cornwall; one other bridge and caufe way across Schonnemunck-Creek, near Ketchum's mill; one other bridge and caufeway over the faid creek, called Coal-Houfe Bridge; one other bridge and caufeway near the widow Tuthil's; one other bridge and caufeway near Thorn's mill; one other bridge and caufeway near the houfe of the late Daniel Denton, deceased; one other bridge and caufeway near the house of Jeremiah Curtis; one other bridge and caufeway near the houfe late of John Mc. Clean, deceafed; one other bridge and caufeway across the Walkill, at the outlet of the drowned lands; one other bridge and causeway across Warwick-Creek, near where Ifrael Wood's mill formerly flood; one other bridge and causeway near the grift-mill of John Wheeler, Efquire; one other bridge over the Murderer's Creek, known by the name of Vandeufen's Bridge; and one other bridge and caufeway across the TroutBrook: And the commiffioners of the highways for the time being, for the kid precincts of Gofhen and Cornwall, are hereby directed and required to cause the afore-mentioned bridges and causeways to be well and fufficiently To divide expences made and kept in repair; and an account of the expences between Gothen and attending the fame, fhall be tranfinitted to the supervisors of the county of Orange, at their annual meetings, who are herchy required and directed to divide the whole amount of fuch expences between the faid precincts of Goshen and Cornwall, in the fame proportion as the other contingent charges of the faid county of Orange are ufually divided between the faid two precincts, and caufe the fame to be levied and collected from the freeholders and inhabitants of the faid two precincts, and paid to the county treasurer, in like manner as the other contingent charges of the faid county are raised and paid: And the faid treasurer is hereby directed and

Cornwall.

required, from time to time, to pay the faid monies to the faid commiffioners, on a warrant or warrants from the faid supervisors, as is ufual in other cafes; any thing herein contained to the contrary notwithstanding.

XXV. And whereas there are many creeks or rivers which run through feveral towns in the county of Ulfter, which the common public highways are laid through or across; Be it further enacted by the authority aforesaid, Inhabitants of Uter That the freeholders and inhabitants of fuch towns, where county to fill up and any fuch creek or river runs through which might be ford. ed, fhall be obliged to fill up and level the ford or fords, and fhall keep the faid ford or fords in repair, as well as any other part of the highways in any of the towns aforefaid.

level fords.

XXVI. And be it further enacted by the authority aforesaid, That if it shall happen that the improved farm of any inhabitant of the faid counties fhall be divided and lie in different towns, then, and in fuch cafe, every such inhabitant fhall be fubject to work upon the highways in that town only in which his dwelling houfe is erected.

XXVII. And be it further enacted by the authority aforefaid, That in the faid counties of Albany and Mon gomery, where any carriages or fleighs meet each other on any of the faid reads or highways, the perfons in carriages or fleighs going from the city of Albany, fhail give way to thofe going towards the laid city; and all perfons travelling eaitward in any of the faid roads or highways, on the eaft fide of Hudfon's river, fhall give way to thofe travelling weftward, and vice verfa, on the weft fide of the faid river, under the penalty of twenty fhillings for each offence, to be recovered and applied as directed in the third claule of this act.

to a place of embarka

from town to town.

This fection extend Livington ani Cier mont, 12th feff. ch. 31. fec. 2.

ed to the towns of

XXVIII. And bei further enacted by the authority aforeEvery road leading faid, That every public road or highway, leading from any tion, to run itraight town in which there is a confiderable fettlement, to any place of embarkation in either of the faid counties, or where a new road fhall be required to be laid out, that then, and in every fuch case, fuch public road or highway shall be continued from town to town, and through the fame as straight and direct as the nature of the ground will admit; and that fuch public road or highway may be established, or being established, may be altered, fo as to be more generally convenient and ufeful to the inhabitants of the refpective towns through which the fame may run, it shall and may be lawful to and 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 furion a general meeting of all the commiffioners of the refpective towns through which the road propofed, fhall extend, at any time not less 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 shall be mot 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 commifiioners fo convened fhall have confulted together and deliberated upon the fubject of the faid meeting, they fhall then proceed to lay out the highway or road required from town to town, and in the best and most advantageous manner for public and general utility and convenience; that is to fay, the commiflioners of each refpective town fhall lay out that part ofthe intended road, which shall extend through the town of which they are refpectively commiffioners, and the fame fo being laid out, fhall be certified, returned and