pose missioners two case of the appointment of commissioners by the court aforesaid, Any for any of the purposes aforesaid, it shall be competent and lawful may act. for any two of such said commissioners so to be appointed, to proceed to and execute and perform the trusts and duties of their said. appointment, and their acts shall be as valid and effectual as the acts of all the commissioners so to be appointed for such said purif they had acted therein would have been: And further, That in all cases the acts, decisions and proceedings of the major part of such of the commissioners to be appointed for any of the purposes aforesaid as shall be acting in the premises, shall always be as binding, valid and effectual as if the said commissioners named and appointed for such purpose, had all concurred and joined therein. CLXXXIX. And be it further enacted, That the commissioners compensato be appointed under and by virtue of this act, for any of the pur- paid to composes aforesaid, who shall enter upon the duties of their appointment, shall each be entitled to receive the sum of not more than four dollars, besides all reasonable expenses for maps, surveys and plans, clerk hire and other necessary expenses and disbursements, for each day they shall respectively be actually employed in the duties of their appointment, the same to be paid by the mayor, aldermen and commonalty of the city of New York, and included in the before mentioned assessment upon the persons and parties deemed to be benefited by the operation and improvement which shall have occasioned the appointment of the said commissioners. [Note J, Appendix.] tion to missioners. curred be in by coun cil for open may be CXC. And be it further enacted, That all debts and expenses in- Debts curred by the said mayor, aldermen and commonalty, for or on ac- com. count of the opening of any street, avenue, square or public place, ing streets or any particular part or section of any street or avenue laid out funded. by the said commissioners of streets and roads in the city of New York, under and by virtue of the act, entitled "an act relative to improvements, touching the laying out of streets and roads in the city of New York, and for other purposes," passed April 3d, 1807, may be funded at such interest, in like manner and under the same limitations and restrictions, as is authorized by the act, entitled "an act to regulate the finances of the city of New York," passed June 8th, 1812. And whereas, the commissioners constituted by the act, entitled "an act relative to improvements, touching the laying out of streets and roads in the city of New York, and for other purposes," have completed the business assigned to them by the said act: Corporation authorized CXCI. Be it further enacted, That it shall and may be lawful for such persons as shall be appointed for that purpose by the mayor, on out lands of private persons and fix mon streets over aldermen and commonalty of the city of New York, in common council convened, to enter upon the lands of private persons, and uments, &c. to run out streets and to fix the boundaries thereof, and to erect monuments, designating such streets and boundaries according to the maps and plan of the said commissioners, and generally the said persons shall be invested with power to do all such matters as may be necesssary to carry the said plan into execution: Provided, That the provisions contained in the 17th section of the act, entitled "an act respecting streets in the city of New York," shall be and hereby are extended and applied to the proceedings authorized by this Right of the state to highways in New granted to section. CXCII. And be it further enacted, That all the estate, right, title, reets and interest, claim and demand whatsoever of the people of this state York of, in and to all lands at any time heretofore left for streets or highcorporation. ways in the city of New York, by any person or persons whomsoever, shall be and hereby is vested in the mayor, aldermen and commonalty of the city of New York, and their successors, for the use of streets and highways. Common council ap missioners of REGULATION AND REPAIR OF PUBLIC ROADS. CXCIII. And be it further enacted, That the mayor, aldermen and pointed com- commonalty of the city of New York, in common council convened, highways. and their successors, shall continue to be commissioners to regulate and keep in repair the present roads or highways, and to regulate and keep in repair such other public roads or highways, as shall hereafter be laid out or opened in the said city and county. to build Authorized CXCIV. And be it further enacted, That it shall and may be lawbridges and ful to and for the said commissioners to cause to be made, built and and make erected such and so many causeways and bridges, and at such places causeways, ditches. Penalty for injuring or roads, &c. as they shall think necessary, and to cause ditches from such public roads or highways to be made and cut through any person's land where they shall judge proper, for conveying the water from and keeping the same roads or highways dry and in good order, and from time to time to appoint one or more surveyors or overseers of the said roads or highways, and to employ laborers and workmen to make and keep the same in repair. CXCV. And be it further enacted, That if any person or persons obstructing shall wantonly spoil or damage any such roads, bridges or causeways, or fill up or destroy any of the ditches aforesaid, or fence across any of the said roads or highways, or erect or set up any gates thereon, or put or leave in any of them any unnecessary obstruction without leave of the said commissioners, or if any person any other beast, recov How or persons shall leave a dead horse or the carcase of remove nui and obstructions. CXCVI. And be it further enacted, That on information being Overseers to given by any person whomsoever, to the overseer or overseers of sances the said roads or highways, of any of the said nuisances or obstructions, he shall immediately proceed to the removing thereof, and shall also use his best endeavors to discover the person or persons who committed the same, who, upon discovery, shall not only be liable to the penalties hereinbefore appointed, but also to the costs 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 suit, before any court having cognizance thereof as aforesaid: And further, That every overseer who shall neglect or refuse to do his duty according to the true intent and meaning of this act, shall, for every such neglect or refusal, forfeit and pay to the treasurer or chamberlain of the said. city for the time being, the sum of twelve dollars and fifty cents lawful money, for every offence, to be recovered with costs of suit, and paid and applied as is directed in and by the last preceding section of this act. destroying near roads or CXCVII. And be it further enacted, That in case any person or Penalty for persons shall fell or otherwise destroy any tree or trees standing on trees in any of the said roads, or within the distance of one rod thereof, without the leave of the mayor, aldermen and commonalty, or of the owner of such tree or trees, such person or persons shall, for every such offence, forfeit the sum of seven dollars and fifty cents, to be recovered, paid and applied as last aforesaid. PASSING OF CARRIAGES. CXCVIII. And be it further enacted, That in all cases of persons meeting each other in any street or road in the city and county of New York, in carriages, wagons, carts or sleighs, each person so meeting shall go to that side of the street or road on his right, so as to enable the carriages, wagons, carts or sleighs so meeting to pass each other, under the penalty of five dollars for every offence, to be recovered by an action of debt, with costs of suit, in any court having cognizance thereof, by any person suing for the same. CXCIX. And be it further enacted, That the proprietor of the carriage, wagon or sleigh, neglecting or refusing to turn to the right as above directed, shall be considered, if present at the time of such meeting, as the person committing the said offence, and if absent, then the driver thereof shall be so considered. Common council to WELLS AND PUMPS. CC. And be it further enacted, That whenever, in the opinion of wells the mayor, aldermen and commonalty of the said city, in common to be made. council convened, it shall be expedient to make a public well and cause and how estima pump in any street or road of the said city, it shall be lawful for the said common council to order the same to be done accordingly, in such manner and at such place as they shall think most adExpense, visable, and the expense thereof shall be estimated and assessed ted, assessed among all the owners or occupants of the houses and lots of ground intended to be benefited thereby, in the manner directed in and by the one hundred and seventy-fifth section of this act, and shall be binding and conclusive in the manner therein prescribed, and shall be collected in the manner therein directed, or in the manner directed in the two hundred and fifty-ninth section of this act. and collect ed. wells and Overseers of CCI. And be it further enacted, That it shall and may be lawful pumps to be to and for the mayor, recorder and aldermen, or any five of them, appointed. whereof the mayor or recorder to be one, and they are hereby di rected and required on the first Tuesday in May next, and on the first Tuesday in May in every year thereafter, to nominate and appoint one or more fit person or persons for each and every of the wards of the said city, being inhabitants of the said city, and actually resident in such respective wards, to be overseers of the wells and pumps in such respective wards, for the year then next ensuing; all which persons so to be appointed as aforesaid, shall have the care and charge of all and every the public wells and pumps, which now are or hereafter shall be sunk or made in the ward for which he or they shall be so severally appointed overseers as aforesaid, of which appointment so to be made, the said mayor or recorder with three or more aldermen, shall, within three days thereafter, send notice in writing, to each and every of the said persons so by them to be appointed overseers as aforesaid, and if any public well or pump shall stand in a street where two wards do join, then the aldermen of the two wards so joining, or, if they disagree, the mayor or recorder with them, shall direct and appoint which of the overseers shall take the care and charge of such well or pump; and if any public well or pump shall stand in a street where three wards do join, that then the aldermen of the said wards so joining, or the major part of them, shall direct and appoint which of the said overseers shall take the care and charge of such well or pump. be seers. how filled. CCII. And be it further enacted, That each and every person so Duty of overto be appointed overseer as aforesaid, shall, within eight days next after his being so appointed, and notice thereof to him given as aforesaid, cause all and every the wells and pumps whereof he is or shall be appointed overseer as aforesaid, to be viewed, examined, cleansed and put in good order and repair, and shall so keep and maintain them from time to time as long as he shall continue overseer thereof, and shall also from time to time cause new pumps to put in such wells as the alderman and assistant of the ward. shall judge necessary; and in case any one or more of the over- Vacancies, seers, to be appointed by virtue of this act, shall remove out of the said city, or shall die before the expiration of one year next after his being appointed, or being appointed shall refuse to act, that then, and in either of the said cases, it shall and may be lawful to and for the said mayor, recorder and aldermen of the said city, or any five of them, whereof the mayor or recorder to be one, by a majority of voices to appoint another or others in his or their room and stead, and so as often as such case shall happen: And further, Overseers to That all and every the overseers to be appointed by the said may- accounts of or, recorder and aldermen, by virtue of this act, shall keep just, fair tures. and exact accounts of all and every sum and sums of money which they or any of them shall pay and expend in, about and towards the cleansing, maintaining and keeping in good repair the wells and pumps in his or their charge. keep true expendi neglect of CCIII. And be it further enacted, That in case any or either of Penalty for the overseers, so to be appointed by virtue of this act, shall neglect aut or refuse to accept the office, or having accepted thereof, shall neglect or refuse to do his duty therein, as is required by this act, every such person shall, for every such refusal, neglect or delay, forfeit the sum of twelve dollars and fifty cents, lawful money of this state, to be recovered by action of debt, with costs of suit, in any court within this state having cognizance thereof, by any person or |