lawful money of this flate; to be recovered by action of debt, with cofts of fuit, in any court within this ftate, having cognizance thereof, by any perfon or perfons who fhall fue and profecute the fame to effect; one half of which forfeiture, when recovered, fhall be paid to the treasurer or chamber. lain of the faid city for the time being, and applied towards repairing fuch public wells and pumps, in the fame manner as the other monies to be raised for that purpofe, are directed to be appropriated, and the other half to the perfon who fhall fue and profecute for the fame to effect as aforefaid. every three months. IV. And be it further enacted by the authority aforefaid, Overfeers to account That the overfeers of the public wells and pumps in each of the wards of the faid city, fhall, once in every three months, render to the mayor, aldermen and commonalty of the faid city of New-York, in common council convened, a juft and true account upon oath, of all and every fum and fums of money by him or them refpectively' paid and expended, in and about the cleanfing, amending and repairing the wells and pumps aforefaid, together with the vouchers or receipts for the fame (to be by them infpected, examined and filed) and the faid common council of the city of New-York, fhall thereupon forthwith issue their warrant, to be figned by the mayor or recorder, prefiding at fuch common council, directed to the treafurer or chamberlain of the faid city for the time be ing, and requiring him to pay to fuch overfeer fo producing vouchers, and making oath to his account, the full amount thereof, out of any monies remaining in his hands for fuch purposes. Penalty on perfons V. And whereas divers diforderly perfons have frequentpricioadly damaging ly been guilty of cutting well-ropes, and breaking the hanpumps, &c. dles of pumps, and doing other mifchiefs to both; For prevention whereof for the future, Be it further enacted by the authority aforefaid, That if any perfon or perfons fhall wilfully or malicioufly cut any of the public well-ropes, or break or injure the handles of, or do any other hurt or damage to any of the faid wells or pumps, and shall thereof be convicted before the mayor, recorder, or any one of the aldermen of the faid city, either by the confeffion of the party or parties fo offending, or by the oath of one or more credible witness or witnefles, he, fhe or they fhall, for every fuch offence, forfeit the fum of forty fhillings; to be recovered, with cofts of fuit, and levied by warrant under the hand and feal of fuch mayor, recorder or aldermen, before whom fuch offender or offenders fhall be convicted; one half of which forfeiture to be paid to the treasurer or chamberlain of the fame city for the time being, to be applied as aforefaid, and the other half to the perfon or perfons who fhall profecute for the fame to effect; and upon refufal of payment of fuch forfeiture or forfeitures, and want of fufficient diftrefs where on the fame can be levied, then the faid mayor, recorder or alderman, before whom fuch conviction fhall take place, is hereby empowered and required, by warrant under his hand and feal, to commit every fuch offender to the bridewell, or houfe of employment of the faid city, there to remain without bail or mainprife, for the space of one month, or until fuch forfeiture and coft shall be paid. And if fuch offence shall be committed by any apprentice, fervant or flave, fuch forfeiture fhall be paid by his or her maffer, miftrefs or owner; or in default thereof, fuch appientice, fervant or flave, fhall be committed to the bride well, or house of employment of the faid city, in manner aforefaid. CHAP. LXI. An ACT for the better regulating the public Roads in the City and County of New-York. Paffed 21ft March, 1787. E it enaded by the people of the state of New-York, reprefented in fenate and affembly, and it is hereby enacted by the authority of the fame, That the Mayor, aldermen and commonalty of the city of New-York, in common council convened, and their fucceffors, fhall be, and hereby are appointed commiffioners to regulate and keep in repair, the prefent public roads or highways; and to lay out, regulate and keep in repair, fuch other public roads or highways, as fhall hereafter be laid out in the faid city and County. II. And be it further enacted by the authority aforefaid, That the faid commiffioners, fo as aforefaid by this act appointed, fhall be, and hereby are fully authorised and empowered to widen or alter all public roads and highways, already laid out in the faid city and county, to fuch convenient breadth, not exceeding four rods, nor less than two rods, as the faid commiffioners fhall judge fit, to make them paffable for horfes and carriages. And alfo to lay out and make fuch other public roads or highways, as they fhall think necef fary or convenient for the faid city and county, in manner aforefaid, if the owner or owners of the faid lands through which fuch new roads are to run, or his, her or their agent, or legal reprefentative, will, on reasonable recompence, confent to the fame. And if, in widening or altering any fuch public road or highway now in being, or if in laying out any public road of highway hereafter, or in widening or altering the fame, the faid commiffioners fhall take or require for fuch purposes, the lands of any perfon or perfons, they fhall give notice thereof to the owners or proprietors of fuch land, or to his, her or their agent, or legal reprefentative. And to the end that reafonable fatisfaction may be made, for all fuch lands as fhall be taken and employed for the ufe aforefaid, the faid commiffioners hall and may treat and agree with the owners and perfons interefted therein, or his, her or their agent, or legal reprefentative; and if any fuch owners or proprietors fhall refuse to treat in manner aforefaid, then, and in fuch cafe, it fhall and may be lawful to and for the mayor or recorder, and any two or more aldermen, by virtue of this act, to iffue a precept directed to the fheriff of the faid city and county of New-York, commanding him to impanel and return, and he is hereby required to impanel and return a jury to appear before the mayor's court, at the then next meeting thereof, not lefs than three weeks from the date of fuch precept, to enquire of and affefs the damages and recompence due to the owner or owners of fuch land; and at the fame time to fummon the owner or owners of fuch land, or his, her or their agent, or legal reprefentative, by notice to be left at his or her last moft ufual place of abode, to appear before fuch mayor's court, on the day, and at the place of the return of fuch precept; which jury, being firft duly fworn for that purpofe, and having viewed the premifes, if neceflary, fhall inquire of and affefs fuch damages and recompence as they fall, under all the circunftances, judge fit to be awarded to the owner or owners of fuch land, according to their feveral and respective interefts and eftates of and in fuch land, or any part thereof, for their respective interests and eftates in the fame; and the verdict of fuch jury, and the judgment of the faid mayor's court thereupon, and the payment of the fum and fums of money fo awarded and adjudged to the @wner or owners thereof, or tender and refufal thereof, shall be binding, to Hhh all intents and purpofes, against the faid owners, and their refpective heirs, executors, adminillrators and affigns, claiming any intereft or title in or to the fame land, and shall be a full authority to the faid commiflioners to caufe the faid land to be converted to and ufed for the purposes aforefaid; any thing herein, or in any other law contained to the contrary hereof in any wife notwithstanding. Road to King's-bridge four rods. III. Provided always, and be it further enated by the au11 it to be is the thority aforefaid, That nothing in this act before contained, fhall be deemed to authorife or require compenfation to be made to any perfon or perfons, for any lands which he, fhe or they fhall have obtained by encroaching on fuch public road or highway. And provided further, That the main road or highway leading to King's-bridge, fhall not be of less breadth than it is at prefent, nor any part thereof less than four rods wide. empowered to build ways, and make ditches. IV. And be it further enaded by the authority aforesaid, Commiffioners That it fhall and may be lawful to and for the faid commifbridges and cauf- fioners, to caufe to be made, built and erected, fuch and fo many caufe-ways and bridges, and at fuch places as they fall think neceffary, and to caufe ditches from fuch public roads or highways to be made and cut through any perfon's land, where they fhall judge proper, for conveying the water from, and keeping the fame roads or highways dry and in good order; and from time to time to apapoint one or more furveyors or overfeers of the faid roads or highways, and to employ labourers and workmen to make and keep the fame in repair. V. And be it further enacted by the authority aforefaid, That the faid commiffioners fhall, from time to time, make regular returns in writing, of all the roads or highways by them widened, altered or laid out, to be figned by the clerk of the common council of the faid city of New-York, and caufe the fame to be entered in the records of the fame city; and that whatever the fame commiflioners fhall do according to the power given them by this act, being fo entered on record, fhall be deemed good and valid, to all intents, conftructions and purpofes in the law whatsoever. injuring orobftructing the roads. VI. And be it further enalled by the authority aforefaid, Penalty on perfons That if any perfon or perfons, fhall wantonly fpoil or damage any fuch roads, bridges or caufeways, or fill up or deftroy any of the ditches aforefaid, or fence across any of the faid roads or highways, or erect or fet up any gates thereon, or put or leave in any of them, any unneceffary obftruction, without leave of the faid commiffioners; or if any perfon or perfons fhall leave a dead horfe, or the carcafe of any other beaft, or any broken carriage, in any of the faid roads or highways, for any longer time than may be neceffary to remove the fame, or fet up in or near the faid roads or highways, any thing by which horfes are ufually affrighted, or fhall, by any improper behaviour, affright any horfe or traveller, on any of the fame roads or highways, every fuch perfon fhall, for every fuch offence, forfeit and pay to the treafurer or chamberlain of the faid city for the time being, the fum of forty fhillings, lawful money of this flate; to be recovered by the fame treafurer or chamberlain, with cofts of fuit, by action of debt, before any court having cognizance thereof; and when recovered, to be applied to the repairing and improving the faid roads or highways, as the faid commiffioners fhall think fit. And further, To prevent, as far as poilible, the evafion of the good purposes intended by this act, that the owner of every dead horfe or other nuifance aforefaid, left in any of the faid public roads or highways, fhall be deemed to have put or left the fame thereon, unless he or the prove the contrary. nuifances. VII. And be it further enacted by the authority aforelaid, Overfcersto remove That on information being given by any perfon whomioever to the overfeer or overfeers of the faid roads or highways, of any of the faid nuifances or obftructions, he fhall immediately prcceed to the removing thereof; and fhall alfo ufe his best endeavours to dif-, cover the perfon or perfons who committed the fame, who, upon difcovery, fhall not only be liable to the penalties herein before appointed, but alfo to the cofts of removing them, and a reasonable compenfation to fuch overfeer or overfeers, for his or their time or trouble therein; to be recovered by fuch overfeer or overseers, with cofts of fuit, before any court having cognizance thereof, as aforefaid. And further, That every overfeer who fhall neglect or refufe to do his duty, according to the true intent and meaning of this act, fhall, for every fuch neglect or refufal, forfeit and pay to the treafurer or chamberlain of the faid city for the time being, the fun of five pounds, like lawful money, for every offence; to be recovered, with cofts of fuit, and paid and applied as aforefaid. fenders to be by war against body and VIII. And be it further enacted by the authority aforefaid, Procets against of That the firft procefs to be iffued against any offender or rant, and on convic- Offenders, against this act, fhall be by warrant, and not tion, execution to be otherwife; and that the execution, on conviction, fhall be againft the goods and chattels of the offender or offenders; and for want of fuch goods and chattels, against his, her or their bodies, and fhall be contained in one and the fame precept, and not otherwife; any law, ufage or custom to the contrary hereof in any wife notwithstanding. goods. IX. And be it further enacted by the authority afurefaid, Penalty for deftroy. That in cafe any perfon or perfons fhall fell or otherwife ing trees in any road. deftroy any tree or trees ftanding on any of the faid roads, or within the distance of one rod thereof, without the leave of the faid mayor, aldermen and commonalty, or of the owner of fuch tree or trees; -fach perfon or perfons fhall, for every fuch offence, forfeit the fum of three pounds; to be recovered, paid and applied as aforefaid. ward, to give way to X. And be it further enafied by the authority aforefaid, Perfons going north That in all cafes of perfons meeting each other on any of thofe coming fouth- the faid roads or highways, in carriages, waggons, carts or fleighs, those who are going out northward, fhall give way to fuch as are coming in fouthward, under the penalty of forty fhillings for every offence; to be recovered, paid and applied in manner aforefaid. ward. CHA P. LXII, An ACT for the more cafy Affiffment and Collection of Taxes in the Cay and County of New-York. Paffed z1ft March, 1787. Taxes how to be New-York. That all taxes to be levied within the city and county of rated and affetfed in New York, by virtue of any law hereafter to be made and pafled, whether for the ufe of the ftate, or for the maintenance of the poor, and defraying the contingent charges within the faid city and county, shall be rated and afle fled by the affeffors, and collected by the collectors now chofen, or hereafter to be chofen for the affeffing and colleft. ing of taxes to be raised within the faid city and county; any law, ufage or cultom to the contrary in any wife'notwithstanding. II. And be it further enacted by the authority aforefaid, Monies railed for That all monies heretofore raifed, or hereafter to be raised Tupporting the poor, How to be applied. by tax on eftates real and perfonal, of the freeholders and inhabitants of the faid city and county, for the maintenance of the poor, and for defraying the contingent charges within the faid city and county, fhall be paid into the hands of the treafurer or chamberlain of the fame city for the time being, and fhall be applied and difpofed of, for the purposes for which the fame are or fhall be fo raised, in fuch proportions, and from time to time, as the mayor, aldermen and commonalty of the fame city, in common council convened, by warrant under the hand of the mayor or recorder of the faid city, prefiding in fuch common council, shall direct and appoint, III. And be it further enacted by the authority aforefaid, Mayor, recorder and That the mayor, recorder and aldermen for the time being, Tapet vifors of the of the city of New-York, or the major part of them, of whom the mayor or recorder always to be one, fhall be, and hereby are declared to be the fupervifors of the city and county of NewYork, and fhall be fo confidered in all laws already made, and hereafter to be made, except in fuch cafes where in and by this act, or any other of the laws åforefaid, it is or hereafter shall be otherwife expressly directed, aldermen conftituted city. What perfons ex as collectors or con empted from ferving stables. IV. And be it further enacted by the authority aforefaid, That no minifter of the gospel, phyfician, furgeon, clerk or attorney of any court of record, or any perion who fhall have ferved as a member or clerk of the fenate or affembly, or in any office in the corporation of the faid city, fuperior to that of collector or conftable, fhall be compelled to ferve in the faid office of collector or conflable, within the faid city. WHER CHA P. LXIII. An ACT for altering the Charter Rights of the City of Albany. Pafled 21ft March, 1787. THEREAS by the charter of incorporation granted to the mayor, al dermen and commonalty of the city of Albany, on the twentyfecond day of July, in the year of our Lord one thoufand fix hundred and eighty-fix, it is, among other things, granted and declared, "That the may"or of the faid city for the time being, and no other, fhall have power and "authority to grant licences annually, under the public feal of the faid city, "to all tavern-keepers, ordinary-keepers, victuallers, and all public fellers of "wine, ftrong waters, cyder, beer, or any fort of liquor by retail, within the liberties and precincts thereof, or without the fame, in any part of the coun"ty of Albany; and that the mayor of the faid city for the time being, fhall "be the fole coroner of the faid city and county of Albany. That the faid "mayor, aldermen and commonalty fhould have the exclufive right of re"gulating the trade with the Indians in the faid city of Albany, and to the eastward, northward and weftward of the faid city; and that the freemen "of the faid city, and no other inhabitant of the colony of New-York, fhould be admitted to fuch trade. That the election of aldermen, affiftants and chamberlain for the faid city, fhall be annually held on the fealt |