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public roads or highways, Ihall be deemed to have put or left the fane' thereon, unkss he or she prove the contrary.
VII. And be it further era&cd by the authority afircuid, Overseersto remove That on information being given by any person whomionuifindes.
ever to the overseer or overseers of the laid roads or highways, of any of the said nuisances or obstructions, he shall immediately preceed to the removing thereof; and shall alio use his belt endeavours to dif-, cover 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 ilie cofts 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 fuit, before any court having cognizance thereof, as aforesaid. And further, That every overseer who fall neglect or refuse to do his duty, according to the true intent and meaning of this act, Phall
, for every fuch neglect or refusal, forfeit and pay to the treasurer or chamberlain of the said city for the time being, the fun of five pounds, like lawful money, for every offence; to be recovered, with costs of fuit, and paid and applied as aforesaid.
VIII. And be it further coated by the authorily aforesaid, Procets against of. That the first process to be illued against any offender or rant, and on convice offenders, against this act, shall be by warrant, and not tion, execution to be otherwise ; and that the execution, on conviction, Mall be Eoods.
against the goods and chattels of the ofender or offenders ; and for want of such goods and chaitels, against his, her or their bodies, and Thall be contained in one and the same precept, and not otherwise; any law, usage or custoin to the contrary hereof in any wise notwithstanding.
IX. And be it further enaĉed by the authority afirefoid, Denaliy for defroy That in case any person or persons shall fell or otherwise anyroad.
destroy any tree or trees ftanding 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 fuch tree or trees ; -fuch person or persons shall
, forevery fuch offence, forfeit the sum of three pounds; to be recovered, maid and applied as aforesaid.
X. And be it further enabied by the authorily aforesaid, Per fons coing nord. That in all cases of persons meeting each other on any of thofe coming foudi- the faid roads or highways, in carriages, waggons, carts or
sleighs, those who are going out northward, 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.
CH A P. LXII. An ACT for the more cafy 41incnt and Col!count of Toxes in the Cily
and County of New York.
Pafled z 11 March, 1787. 1. and aponibly, and it is hereby enačied by the authority of tie pusdiena
That all taxes to be levied within the city and county et rated and alkeiled in New York, by virtue of any law hereafier to be made and
palled, 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, Thall be rated and alle fled by the affcffors, and collected by the
Taxes how to
collectors now chofen, or hereafter to be chosen for the assessing and collect. ing of taxes to be raised within the said city and county ; any law, ulage or çutom to the contrary in any wise notwithstanding.
II. And be it further enabled by the authority aforefirid, Monies raised for That all monies heretofore raised, or hereafter to be raised Tupporting the poor, How to be applied. by tax on eftates real and personal, of the freeholders and
inhabitants of the faid city and county, for the maintenance of the poor, and for de fraying the contingent charges within the fald city and county, shall be paid into the hands of the treasurer or chamberlain of the fane city for the tiine being, and fall be applied and disposed of, for the purposes for which the fime are or shall he fo railed, 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 said city, presiding in such common council, Mall direct and appoint,
III. Ad he it further enacted by the anthority aforefaid, Mavor, reco-Jerand That the mayor, recorder and aldermen for the time being, 1!!pa for:
of the of the city of New York, or the major part of them, of
whom the mayor or recorder always to be one, shall be, and hereby are declared to be the fupervisors of the city and county of NewYork, and Mall be so considered in all laws already made, and hereafter to be imde, except in tich cases where in and by this act, or any other of the laws àforesaid, it is or hereafter shall be otherwise expressly directed,
IV. And be it further enacted by the authority aforesaid, Wiat perlons ex. That no minister of the gospel, physician, surgeon, clerk or * collcétu's or con- attorney of any court of record, or any perłon who shall ftables.
have served as a member or clerk of the senate or assembly, or in any office in the corporation of the said city, fuperior to that of collector or constable, fhall be compelled to serve in the said office of collector or conttable, within the said city,
C HA P. LXIII.
Palled zif March, 1787.
al dermen and commonalty of the city of Albany, on the second day of July, in the year of our Lord one thousand fix hundred and cighty-lix, it is, among other things, granted and declared, “ 'That the may« or of the said city for the time being, and no other, shall have power and
authority to grant licences annually, under the public feal of the said city, “ to all tavern-keepers, ordinary-keepers, victuailers, and all public fellers of " wine, strong waters, cyder, b:er, or any sort of liquor by retail, within the « liberties and precincts thereof, or without the same, in any part of the coun
ty 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 faid
mayor, alder men and commonalty Frould have the exclusive right of re“gulating the trade with the Indians in the said city of Albany, and to the “eattward, 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, y should be adinitted to such trade. That the election of aldermen, allin**ants and chainberlain for the said city, shall be annually held on the feat
r of St. Michael, the archangel. That the mayor, and any three or mora « of the alderinen, and three or more of the aslistants, 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 city of Albany, before the mayor, rc“corder and aldermen, or any three of them, whereof the mayor or recor“ der to be one." And whereas the said mayor, aldermen and commonalty have, by a deed under their common seal, surrendered and yielded up to thie 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 licences 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 faid city and county of Albany, and also the right of regulating and exclusively enjoying the faid trade with the faid Indians, and also the right of electing the officers aforesaid, on the sealt day of St. Michael, the archangel : And whereas the faid mayor, aidermen 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 faid deed surrendered and yielded up; Therefore,
I. Be it cnailed by the people of the flato of New-York, represented i'r ferale and assembly, and it is hereby enaĉied by the auihority of the anc, That the
faid deed of the faid mayor, aldermen and commonalty of Surrender of certain charter rightsof dieci- the city of Albany, is hereby declared to be accepted; and ty of Albany accepted.
that the faid rights and privileges of the mayor of the suid city, of granting licences 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, allistants and chamberlains, on the day aforesaid, respectively granted in and by the faid charter of incorporation, shall be, and the same are hereby respectively abolt ilhed, abrogated, annulled and made void ; any thing in the faid chartet contained to the contrary thereof in any wise norwithstanding,
II. And be il further ended by the authority afore'uid, Election for corpora. That the election of the said aldermen, alliftan:s and chamthe latt Tuesilay otSep. berlain, to be elected in pursuance of, and in virtue of the teinber in every year. faid charter, shall forever hereafter be field on the last Tue day of September, in every year; and that the faid aldermen, aflftants and chamberlain sall, instead of taking the oaths of office pursuant to the di ections of the said charter, on the fourteenth day of October, in every year forever hereafter, take the faid oaths in the manner prescribed in and by the faid charter, on the second Tuesday of October, in every year.
III. Aru be it further enačcd by ihe authority afircfaid', Recorder in the ah: That it shall and inay be lawful, when and as often as the may hold a common mayor of the faid city for the time being, shall be fick, die
or be ablent from the said city, for the recorder of the fait city, to convene a common council for the said city, and to hold the faine in the like manner, and with the same number of aldermen and allants, as the mayor of the said city, in and by the faid charter, is authorised and empowered to convene and hold the fame.
IV. And be it furiher cmited by the authority aforefuid, That in case of thie fickness, death or absence of the mayor and recorder, it shall and may be lawíul to and for any three of the aldeinen of the faid city, to hold and
keep the court of common plcas cstablished in and by the said charter, in like manner as if the said mayor or recorder were present in, and together with #vo aldermen, held and kept the fame.
V. dild be il further ennélcd by the authority aforcfaid, That one of the coroners to be appointed in and for the county of Albany, shall forever herealier be a citizen of the said city, and that such coroner fo being a citizen of the said city, Dhall be the sole coroner in and for the said city,
Frovided always, That nothing in this act contained, Ihall be construed to alter, change or abolish the right granted in and by the said charter, to the mayor of the faid city, to grant licences to tavern-keepers, and others who Full liquors in the said city, in the manner directed and declared in and by the faid charter, or to affect, alter, abridge or extend any right or privilege granted in and by the faid charter, other than those in and by this act page cularly mentioned, as altered, abrogated or abolished,
CH A P. LXV. A1 ACT for the freedy Trial and Punishment of such Perfons as fhall commi an Oye ces under the Degree of Grand Larceny.
Patied 24th March, 1787. I.
and af mbly, and it is hereby enacted by the authority of the fame, That every person who shall, after the passing of this act, be guicy 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 Mall be by law punishable with death shall be deemed and adjudged to be guilty of peity larceny only; and being thereof duly convicted, by verdict or confeflion, on indictment in the supreme court, court of oyer and terminer or goal delivery, or court of general sessions of the peace, of the city or county in which such offence Thall have been committed, shali fuffer such corporal punishment (not extending to lite or limb) as the fame 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.
il. 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
i firther enafied by the authority aforesaid, That if any Obtaining monics crois by fulf pre
person or persons Mall, from and after the passing of this tences surihed as act, knowingly and designedly, by false pretence or prepetit larceny.
tences,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, me or they shall be deemned guilty of an offence against the people of this state ; and being thereof duly convicted, in manner aforefaid, in any of the courts aforesaid, shall suffer such punishment, as in cases of petty larceny by this act is directed to be infaed.
III. And whereas not only several disorderly persons inhabiting in the city and county of New-York, but many other vagrant and idle perfons, palling the fame, from the ncighbouring counties and itates, or elsewhere, have often
comunitted 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 fellions of the peace, then next 10 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 il furiñer enca by the authority aforesaid, That every person who Mall, afer the pulling of this act, commit any of the offences in this act above-mentioned and der cribed, within the fáid city and county of New York, and who being apa prehended and brought before the mayor, recorder, or any one of the aldermen of the faid city, and charged on Oath with having commited any of the offences aforesaid, Iliall not forthwith give good and futhicient bail for his or her appearance at the then next general sellions 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 he shall be charged with, such person fo charged shall be committed to the common goal of the faid city and county. And in case any person shall be so committed, and being kepe in the said gaol for the space of forty-eight hours from and after such conmitment, shall not give good and stifficient bail for his or her appearance at the then next general fellions of the peace, to be held in and for the faid city and county of New-York, then and there to answer for the oílence or of: sences wherewith he or she shall be charged; then and in every such caii', it shall and may be lawful to and for the mayor, recorder and akiermen of the said city for the time being, or any three of them, of whom the inayor or recorder to be one, forthwith to hear and determine the offence or ofences committed by such ofender as aforesaid. And the said ofrunder being convicted by confession, or the oath of one or more credible witness or witnelles, the faid mayor, recorder and aldermen, or the major part of such of them as do appear in fuch court, are hereby further authorised and empowered to give judgment again the said oflender fo corrvicted as atomid, to have and receive such corporal punishment (not extending to lite or limb, nor exceeding thirty-nine lashes in one day as aforesiid) as they, in their dif. cretion, shall think proper ; and to be confined in the house of employment or bride well of the said city, to be kept at hard labour therein, or at any, work or employment within any part of the faid city and county, for any longer or shorter period, according to the nature of the offence; or either of the faid punishments, as in the judgment of the faid court, the nature of the offence, and character of the offender, shall render proper. But that no person shall be confined in manner aforefaid, by virtue of this act, for
any term longer than six months. And after the said hender fhall have received his or her punishment, being an inliabitant of the faid city and county, fhall be immediately discharged without paying any fees; but not being such an inhabitant, he or she shall iminediately be ordered or transported out of thic faid city and county, to his or her laft place of settlement or abode, if know). And if any person or persons having been so ordered or transported out o: the said city and county as aforesaid, shall remain in the same for the space of forty-eight hours, or return thereto within fix calendar months after such order or transportation, such person or persons fo remaining or returriing, shall be forth with apprehended, and again receive fuch corporal punilh. ment (not extending to life or limb, nor exceeding thirty-nine lashes in one day as aforesaid) or be confined in bride well for so long a time, not exceeding three months, as the aid mayor, recorder and aldermen, or any thice of them, as aforesaid, in their discretion, hall order and direct.