6 George II, LAWS OF THE COLONY OF NEW YORK. AN ACT to regulate the Ferry between the City of New York and the Island of Nassau, and to establish the Ferriage thereof.-Passed the 14th October, 1732. Whereas, the rates and prices of the ferriage for men, horse, cattle, grain, and all other goods transported over the ferry between the city of New York and the Island of Nassau, were heretofore regulated by the mayor, aldermen and commonalty of the said city, to whom that ferry belongs; and for avoiding disputes, the aforesaid ferriage was afterwards established for the term of seven years, by an act of the General Assembly of this colony, entitled, An Act for regulating the ferry between the city of New York A. D. 1782. and the Island of Nassau: passed in the fourth year of his late majesty's reign; and the same having been generally approved of, was, by another act, passed in the twelfth year of his said majesty's reign, revived, and by another act, passed in the first year of his present majesty's reign, continued until the twelfth day of June, which will be in the year of our Lord, one thousand seven hundred and thirty three. As in and by the said acts, relation being thereunto had, may more at large appear. And whereas, the rates and prices of the ferriage aforesaid are still well approved of, and allowed to be reasonable and moderate, Penalty on such as re I. Be it enacted, by his Excellency, the Governor, the Council and the General Assembly, and it is hereby enacted by the authori ty of the same, that from the said twelfth day of June next ensuing, and at all times thereafter, the ferriage for transporting men, women, horses, cattle and grain, with all manner of goods, wares and merchandises over the said ferry, either forward or backward, shall be, and hereby are established, to be and remain after the rates and prices following: that is to say-[Rates to be charged, since altered.] II. And be it further enacted, by the authority aforesaid, that all other merchandise, goods, commodities and things whatsoever, not enumerated and specified in this act, shall pay for the ferriage and transportation thereof, from New York to Nassau Island or from Nassau Island to New York, in proportion to the rates above specified and enumerated for a greater or less weight or quantity, and not otherwise. And in case any person or persons whatsoever, shall refuse herefuse to pay after to pay the rates and prices of ferriage before mentioned, to the ferryman for the time being, pursuant to the regulation made ferriago. in this act, he, she or they so refusing, shall forfeit and pay treble the rate to which he, she or they were liable by virtue of this act, together with the charges for recovering the same, upon the oath of one or more credible witnesses, before any of his majesty's justices of the peace within this colony, who are authorized and required to administer the said oath, and to give judgment and award execution accordingly. And if any dispute shall happen to arise hereafter, concerning the rates and prices of ferriage for any goods or commodities not expressed and particularly enumerated in this act, and the matter be brought before some one of his majesty's justices of the peace, by the contending parties, the said justice of the peace is hereby authorized and required to hear and determine the same, so as to him shall appear to be conformable to the true intent and meaning of this act, and to award costs against the person in default. on the ferry landing at appointed. III. And be it further enacted, by the authority aforesaid, that if Penalty the ferryman of the said ferry between New York and Nassau Is- man for not land, shall neglect or refuse to come or go with the said ferry boats the place to and from such place or places in the city of New York, as now are or hereafter, from time to time, shall be appointed and prescribed unto him for landing places by the mayor, aldermen and commonalty of the said city, [wind and weather permitting,] shall for every such offence, forfeit the sum of twenty shillings, to be recovered in the manner as aforesaid, and paid to the treasurer of the said city for the time being, to be applied towards the defraying the public charges of the same: And if from and after the publication of this act, the ferryman, for the time being, his servant or servants shall demand, impose, exact and take any greater or other rates for transporting of persons, goods, wares, merchandise or other things whatsoever, over the said ferry, than is herein before limited, appointed and established, he or they, or any of them so offending in the premises, shall forfeit and pay for every such offence the sum of twenty shillings, one moiety thereof to the party aggrieved or other person who shall prosecute and sue for the same: and the other moiety thereof to the treasurer of the same city, for the time being, to be applied and recovered in manner and form as aforesaid. IV. And be it further enacted, by the same authority, That it shall and may be lawful for the mayor, aldermen and commonalty of the city of New York for the time being, their successors and assigns, to demand, receive and take the rates and prices above in the act mentioned, for transporting of persons, goods, wares, merchandise and other things from the city of New York, to the Island of Nassau, and from the Island of Nassau to the city of New York, over the ferry in the ferry boats, and shall and may establish and keep Lawful for one or more ferries between the said city of New York, and the the mayor; Island of Nassau, for the better and more easy transportation of &c., to set up than ferry more the water transport their goods their boats. in own goods and passengers over the said ferry. Always provided, That there shall be and remain one constant ferry, from the present ferry of Nassau Island to the city of New York, at some convenient landing place in the said city, to the eastward of the slip commonly called Wall street slip or Clark's slip, including the said slip. Persons by V. And be it further enacted, by the authority aforesaid, That the side to ferryman for the time being, shall not impose, exact, demand or own receive any rates or ferriage for any goods or things whatsoever, transported by any of the inhabitants living across the river, at or near the ferry on Nassau Island in their own boats or canoes. That is to say, between the place commonly called and known by the names of Kychout and Red Hook, provided the said goods and commodities be properly their own, and not belong to any other person or persons, whomsoever. But in case any such inhabitants under color or pretence of transporting his or her own goods only, shall transport and carry, or bring over the said ferry the goods of any other person or persons of what kind soever, for hire, reward or without, and thereof be convicted before any of his majesty's justices of the peace, by the oath of one or more creditable witness, (which justices are hereby authorized and required to adminster such oath, and to give judgment and award execution,) such inhabitant or person so offending shall forfeit, and pay to the ferryman of the aforesaid ferry, for the time being, the sum of twenty shillings, current money of this colony with costs of suit. No other persons but VI. And for as much as the mayor, aldermen and commonalty the corpora- of the city of New York have been for many years past, and still a ferry be- are legally and solely seized of the ferry aforesaid: and that they York and have, at their own great cost and charge, not only purchased lands tion to keep tween New Nassau. in Nassau Island at the place where the said ferry has always been kept, but likewise erected there houses, stables and a pier for the accommodation of travellers, passengers, drovers, horses and cattle and a convenient bridge or landing for boats to come at or go off from. Be it therefore enacted, by the authority aforesaid, that no other person or persons whomsoever other than the said mayor, aldermen and commonalty of the city of New York, their successors and assigns, shall presume to erect and keep a ferry between the city of New York and Nassau Island, for carrying or bringing any passengers, horses, cattle, hogs, sheep, goods, wares, merchandise or other commodities or things whatsoever over the said ferry, hereby rated and established, for any hire, wages or reward whatso ever, or without, under the penalty of fifty pounds for every such offence with full costs of suit: one moiety thereof to his majesty, his heirs and successors, towards the support of his goverment in this colony-and the other moiety thereof to such person or persons as shall prosecute and sue for the same to effect, in any court of record within the said colony, where no essoin, protection or wager of law, or more than one imparlance shall be allowed. ferry. man to hang the rates of VII. And be it further enacted, by the authority aforesaid, that the The ferryman for the time being shall be obliged to paste upon a board up a table of and hang up in the porch of the ferry-house, or at the most public the ferriage. place there, fairly in writing or printed, a table of the rates and prices of the ferriage, as the same are hereby established, and that in default thereof, the ferryman for the time being, shall forfeit and pay for every day he shall refuse, omit or neglect, to hang up such table of rates and prices of ferriage in manner as aforesaid, the sum of twenty shillings to any person or persons who shall sue and prosecute for the same, before any of his majesty's justices of the peace; who hereby are authorized and required to hear, and determine the same, and upon conviction of the offence, to award judg ment and execution accordingly. VIII. And be it further enacted, That this act shall be deemed and taken to be a public act, and all judges and justices are hereby obliged to take notice of it as such, without specially pleading the same. SESSION LAWS, 1787.-CHAP. LXI. AN ACT for the better regulating the Public Roads in the City and I. Be it enacted by the people of the state of New York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, that the mayor, aldermen and commonalty of the city of New York, in common council convened, and their successors, shall be, and hereby are appointed commissioners to regulate and keep in repair the present public roads or highways; and to lay out, regulate and keep in repair, such other public roads or highways, as shall hereafter be laid out in the said city and county. II. And be it further enacted, by the authority aforesaid, that the said commissioners, so as aforesaid by this act appointed, shall be, and hereby are fully authorized and empowered to widen or alter all public roads and highways, already laid out in the said city and county, to such convenient breadth, not exceeding four rods, nor less than two rods, as the said commissioners shall judge fit, to make them passable for horses and carriages. And also to lay out and make such other public roads or highways, as they shall think necessary or convenient for the said city and county, in manner aforesaid, if the owner or owners of the said lands through which such new roads are to run, or his, her or their agent, or legal rep resentative, will, on reasonable recompense, consent to the same. And if, in widening or altering any such public road or highway now in being, or if in laying out any public road or highway hereafter, or in widening or altering the same, the said commissioners shall take or require for such purposes, the lands of any person or persons, they shall give notice thereof to the owners or proprietors of such land, or to his, her or their agent, or legal representative. And to the end that reasonable satisfaction may be made, for all such lands as shall be taken and employed for the use aforesaid, the said commissioners shall and may treat and agree with the owners and persons interested therein, or his, her or their agent, or legal representative; and if any such owners or proprietors shall refuse to treat in manner aforesaid, then, and in such case, it shall and may be lawful to and for the mayor or recorder, and any two or more aldermen, by virtue of this act, to issue a precept directed to the sheriff of the said city and county of New York, commanding him to impannel and return, and he is hereby required to impannel and return a jury to appear before the Mayor's Court, at the next meeting thereof, nor less than three weeks from the date of such precept, to inquire of and assess the damages and recompense due to the owner or owners of such land; and at the same time to summon the owner or owners of such land, or his, her or their agent, or legal representative, by notice to be left at his or her last most usual place of abode, to appear before such Mayor's Court, on the day, and at the place of the return of such precept; which such jury, being first duly sworn for that purpose, and hav ing viewed the premises, if necessary, shall inquire of and assess such damages and recompense as they shall, under all the circumstances, judge fit to be awarded to the owner or owners of such land, according to their several and respective interests and estates of and in such land, or any part thereof, for their respective interests and estates in the same; and the verdict of such jury, and the judgment of the said Mayor's Court thereupon, and the payment of the sum and sums of money so awarded and adjudged to the owner or owners thereof, or tender and refusal thereof, shall be binding, to all intents and purposes, against the said owners, and their respective heirs, executors, administrators and assigns, claiming any interest or title in or to the same land, and shall be a full |
