CHAP. 14.

AN ACT for the better clearing regulating and further laying out, public highways, in Suffolk county, Kings county, and Queens county.

PASSED the 2d of February, 1789.

sioners of

Be it enacted by the People of the State of New York, represented in CommisSenate and Assembly, and it is hereby enacted by the authority of the same, highways, That the commissioners of the highways for the time being, to be elected duties of. or appointed in each of the several towns, in Suffolk county, Kings county and Queens county, for the same towns, or the major part of them, in the respective towns for which they shall be chosen or appointed commissioners, shall be, and hereby are authorised and impowered to regulate the roads already laid out, and to lay out such other public roads in the respective towns, for which they shall be elected or appointed commissioners, as to them or to the major part of them shall seem necessary and convenient; and if need be, from time to time, to take a view of the roads before laid out in the respective towns, for which they shall be elected or appointed commissioners; and to alter such of the said roads as shall appear to them, or the major part of them to be inconvenient, in such manner as they, or the major part of them, shall think convenient as well for travellers as for the inhabitants of such town, and the adjacent towns, villages and neighbourhoods. And it shall and may be lawful for the commissioners of each respective town, or the major part of them, to stop up such roads in the said town, as shall appear to them, or the major part of them, to be unnecessary; but all such roads as shall be found by them or the major part of them, to be necessary and convenient, shall remain and continue as the same shall be found by the said commissioners; provided always, that it shall not be lawful for the said commissioners, or any of them, to lay out any road through any persons land, without either the consent of the owner thereof, or paying him the true value of the land so laid out into a highway or road, with such damages as he shall sustain thereby: And if any dispute shall arise concerning the value of the land or damages, the same shall be determined and the true value and damages set and appraised by two justices of the peace of the county, by the oath of twelve freeholders of the county, not having any interest in the land, about which such dispute shall arise; the said freeholders to be summoned by the sheriff, by virtue of a warrant to be issued by the said two justices for that purpose. And in all cases of public highways so laid out or altered as aforesaid, the value of the lands and damages, together with the charges of the commissioners, and the charges of summoning the jury, and of their verdict, and of the whole proceedings had thereon, shall be raised in the town where such highway shall be laid out, and be levied and paid in like manner as the other contingent charges of the county; and the highway so laid out, shall be a common public highway. But if the road so laid out or altered, be for the private use and benefit of any particular person or persons, then the value of the land, damages and charges as aforesaid, shall be paid by the person or persons who desire the same to be laid out or altered; and such road shall be for the only proper use of such person and persons, and his and their heirs and assigns, who shall pay for the same. But the person through whose land such road shall be VOL. 3.-3

Alteration

of roads.

Record of highways.

Width of roads.

Swinging gates.

Obstruc

tion of highways.

laid out, his heirs or assigns, shall not be debarred from crossing or using the same road.

And be it further enacted by the authority aforesaid, That where any road hath been laid out, contiguous to, or through any persons land in any town, and it shall appear to the commissioners of the same town, or the major part of them, that another road may be laid out through the same persons land, that would be more convenient, as well for travellers, as for the inhabitants of the same town, it shall and may be lawful for the said commissioners, or the major part of them, to agree with the owner or proprietor of the same lands, concerning the same, and to exchange the said road already laid out, for another road to be laid out by the said commissioners, through the said persons land; which agreement shall be good and valid in the law, and the owner or proprietor of such land, shall hold and enjoy the land where such former road was laid out, to him, and his heirs and assigns, forever.

And be it further enacted by the authority aforesaid, That the commissioners of every town, shall from time to time, enter in writing all the highways and roads by them laid out, approved of, altered or stopped up, and subscribe the same writing, and cause it to be recorded in the town records, or in the county records, and the several clerks are hereby directed and required, to record the same. And whatsoever the said commissioners shall do according to the powers given them by this act, being so recorded, shall be good and valid, to all intents and purposes, whatsoever.

And be it further enacted by the authority aforesaid, That all public highways to be laid out by virtue of this act, shall not be less than three rods wide, and that all roads to be laid out at the request, and for the use and benefit of any particular person or persons, shall not be less than twenty feet, nor exceed two rods in breadth.

And be it further enacted by the authority aforesaid, That when any road from any town, village or plantation, to any landing place, mill or meadow, shall run through any persons land, it shall and may be lawful for such person or persons, by the approbation of the commissioners of such town, to place and hang good easy swinging gates on such roads, and keep them in good repair, at his and their own proper costs: But no roads leading into or out of any commons, where the cattle belonging to any town or village usually pass, to and from such commons, shall be clogged or obstructed by any swinging gates, or otherwise, without the consent of the inhabitants of the said town or village, or the major part of them. And the several gates already standing and allowed, may be approved and continued, or altered or removed, as the commissioners shall from time to time judge most convenient. And all such roads shall be amended and maintained by the inhabitants of the place, where such roads may run.

And be it further enacted by the authority aforesaid, That if any person shall alter, stop up, lessen or obstruct, any highway or road, already laid out, or hereafter to be laid out according to law, without the consent of the commissioners, every such person shall for every such offence, forfeit the sum of forty shillings, to be recovered with costs, before any justice of the peace, upon the oath of any one credible witness, and levied of the goods and chattels of the offender, by warrant from such justice, directed to the constable of the town or place, where such offence is committed. And the constable shall pay the said forfeiture and costs to such justice, who shall pay the said forfeiture to the overseers of the highways of the place, where the offence is committed, to be by him applied towards repairing the public highways in his district.

to commis

And be it further enacted by the authority aforesaid, That each com- Allowances missioner shall have as a reward for his care and trouble, for every day sioners. he shall be employed in laying out or regulating highways and roads, in the town for which he shall be chosen or appointed, the sum of six shillings and the commissioners of each town shall transmit their accounts to the supervisors of the county, who shall cause the sums they shall find to be due to the said commissioners, (except in cases where they are to be paid by particular persons,) to be raised in the town where they were chosen or appointed commissioners, together with the necessary contingent charges of the county, and to be paid to the said commissioners.

of high

ways by

And be it further enacted by the authority aforesaid, That the free- Repairing holders and inhabitants of each town in the said counties, shall clear, amend, repair and maintain the highways in the same town. And that inhabitants every free male inhabitant, being above the age of twenty one years, shall either in person, or by an able and sufficient man in his room, be obliged to work upon the highways, in the district or place where he shall reside, as often as the overseer of the highways of the same district or place shall direct; not exceeding six days in a year; and shall work faithfully at least eight hours in each day; and shall bring with him such team and such implements for the purpose, as the said overseer of the highways, shall from time to time direct and appoint. And if any person shall refuse or neglect to work upon the highways as aforesaid, he shall forfeit and pay to the overseer of the highways of the district or place where he shall reside, nine pence for every hour he shall so refuse or neglect to work. And if the said penalty is not paid within six days after the same shall be incurred, it shall be levied with four shillings cost, by a warrant under the hand and seal of the said overseer of the highways, directed to one of the constables of the town, where the neglect or refusal happens: And such constable shall levy the same by distress and sale of the goods and chattels of the offender, and pay the said penalty to the said overseer of the highways, with one shilling for the said warrant, and retain the other three shillings for his fees. And the said penalty shall be applied by the said overseer of the highways, towards amending and repairing the highways in his district. Provided always, that all male slaves in the county of Suffolk, above the age of sixteen years, and under the age of sixty years, shall be obliged to work on the highways in the district where they live, when the overseer of the highways shall direct, not exceeding two days in a year. And the penalties for default or neglect, shall be levied on the goods and chattels of the master or mistress, of such slave.

And be it further enacted by the authority aforesaid, That a good and Team, etc., sufficient team, with a cart, waggon, plow or sled, and a person to man- with driver age the same, shall be esteemed for and in lieu of two days work of one man; and the penalty for refusal or neglect shall be proportionable,

and shall be levied and applied, in the manner aforesaid.

And be it further enacted by the authority aforesaid, That the respec- Overseers, tive overseers of the highways, of the respective districts or places for duty of. which they shall be respectively chosen or appointed, shall from time to time direct, when, where, and in what manner, the highways and roads in their respective districts shall be cleared, amended and repaired; and oversee and direct how the same shall be done; and shall warn the

inhabitants to work upon the highways, whenever there shall be occasion. Justice And be it further enacted by the authority aforesaid, That any justice may order of the peace in any town, in either of the said counties, may order the overseer to overseer of the highways of any district in such town, to cause the high- highways.

repair

Trees

standing in highway.

Wanton obstruction of highway.

Passing of teams on highways.

Part of act recited repealed.

ways or roads in his district, or any part or parts of them, to be cleared, amended or repaired, whenever it shall appear to such justice to be necessary. And such overseer of the highways, shall within eight days thereafter, warn and set the inhabitants of such district, or such of them as shall not have worked the full number of days, to work upon the said highways or roads, or such part or parts thereof, as he shall be so ordered to clear, amend or repair. And if any overseer of the highways shall neglect or refuse to do so, he shall for every such neglect or refusal, forfeit and pay the sum of forty shillings, to be recovered with costs, before any justice of the peace in the same county, upon the oath of any credible witness; and the said penalties, when recovered, shall be paid to the commissioners of highways of the same town, and be by them applied towards the repairing the highways, in the same town.

And be it further enacted by the authority aforesaid, That all trees and wood, standing in any highway, may be cut down and removed, or used for repairing the same, or any other highway; but such as is not used for that purpose, may at any time be cut down by the owner of the land, through which such highway runs, and applied to his own use.

And be it further enacted by the authority aforesaid, That if any person shall wantonly damage any road, bridge or causeway, or fence across any road or highway, in any of the said counties, or erect or set up any gate thereon, or put or leave in any of them, any unnecessary obstruction, without leave of the said commissioners; or if any person shall leave a dead horse, or the carcase of any other beast, or any broken carriage, in any road or highway, for any longer time than may be necessary to remove the same, or set up in, or near any road or highway, any thing by which horses are usually affrighted, or shall by any improper behaviour, affright any horse or traveller, on any road or highway every such person shall for every such offence, forfeit and pay to the overseer of the highways of the district, where the offence shall be committed, the sum of forty shillings, to be recovered by the said overseer of the highways, with costs of suit, by action of debt, before any court having cognizance thereof; and when recovered, shall be applied to the repairing and improving the roads or highways within such district, in such manner as the overseer of the highways shall think best.

And be it further enacted by the authority aforesaid, That in all cases of persons meeting each other in carriages, waggons, carts or sleighs, on any road or highway in Kings county, or on the main road to the westward of the great plains, in Queens county, those who are not going towards the city of New York, shall give way to such as are going towards the city of New York, under the penalty of forty shillings, for every offence, to be recovered with costs of suit, by any person who will sue for the same, before any justice of the peace of the county, where the offence is committed; the one half of which penalty shall be for the use of the person who shall prosecute for the same with effect, and the other half thereof shall be paid to the commissioners of the highways of the town, where the offence was committed, and be by them applied towards the repair of the highways in the same town.

And be it further enacted by the authority aforesaid, That the second section of the act entitled "An act to amend an act entitled An act, for the better laying out regulating and keeping in repair, all common and public highways and private roads, in the counties of Ulster, Orange, Dutchess, Washington, West Chester, Albany and Montgomery, passed the 4th day of May 1784, and to extend the same to the county of Suffolk" shall be, and hereby is repealed.

CHAP. 15.

AN ACT for the relief of Henry Rutgers and others.

PASSED the 6th of February, 1789.

may settle

named.

Be it enacted by the People of the State of New York, represented in Auditor Senate and Assembly, and it is hereby enacted by the authority of the same, accounts That the auditor of this State, shall and may settle with Henry Rutgers, of persons Richard Lush and Jacob John Lansing, respectively, for their arrears of pay, and year's advance of pay as deputy muster masters in the late army of the United States, upon the same principles as the auditors appointed by law to liquidate and settle the accounts of the line of this State, in the army of the United States, have settled with Richard Varick Esquire; and that upon such settlements, the treasurer of this State shall give to them the said Henry Rutgers, Richard Lush and Jacob John Lansing, respectively, a certificate for the amount of such arrears of pay, and year's advance as aforesaid.

CHAP. 16.

AN ACT for the further relief of Catharine Kittle.

PASSED the 6th of February, 1789.

WHEREAS all the estate both real and personal of Andries Kittle, the late Preamble. husband of Catharine Kittle, were by the conviction of the said Andries Kittle vested in the people of this State: And whereas the legislature did by the sixth section of an act entitled "An act for the relief of Theodosius Fowler and others" passed the 18th of April 1787, vest all the estate, right, title, interest, claim and demand of the people of this State, in and to a certain farm situate at a place called the Eyke Boss, in the district of Kinderhook, in her the said Catharine Kittle, her heirs and assigns in fee simple, she paying all the debts contracted by her said husband, prior to the time of his having adhered to the enemies of this State And whereas the said Catharine Kittle, by her humble petition, hath alledged that a suit hath been commenced against her for upwards of three hundred pounds which will deprive her of the benefit intended her by the legislature, and prayed, that all the right title, interest, claim and demand of the people of this State in and to the real, and to the personal property of her said late husband, to which he was entitled at the time of his adhering to the enemies of this State, except such parts thereof as have been sold by the commissioners of forfeitures and sequestration might be vested in her. Therefore

lands to

Be it enacted by the People of the State of New York, represented in Release of Senate and Assembly, and it is hereby enacted by the authority of the same, Catharine That all the estate, right, title, interest, claim and demand of the people Kittle. of this State in and to the real estate of the said Andries Kittle, which became forfeited to the people of this State by the conviction of the said Andries Kittle, be and hereby are vested in the said Catharine Kittle her heirs and assigns, except such parts thereof as may have been sold by the commissioners of forfeitures.