authority to the said commissioners to cause the said land to be converted to and used for the purposes aforesaid; anything herein, or in any other law contained to the contrary hereof, in any wise notwithstanding.

King's

less

than

III. Provided always, and be it further enacted, by the authority Road to aforesaid, that nothing in this act before contained shall be deemed bridge to be to authorize or require compensation to be made to any person or four rods. persons, for any lands which he, she or they shall have obtained by encroaching on such public road or highway. And provided further, that the main road or highway leading to King's-bridge, shall not be of less breadth than it is at present, nor any part thereof less than four rods wide.

ers empow

bridges and

and make

IV. And be it further enacted, by the authority aforesaid, that it Commissionshall and may be lawful to and for the said commissioners, to cause ered to build to be made, built and erected, such and so many causeways and causeways, bridges, and at such places as they shall think necessary, and to ditches. 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 overscers of the said roads or highways, and to employ laborers and workmen to make and keep the same in repair.

V. And be it further enacted, by the authority aforesaid, that the said commissioners shall, from time to time, make regular returns in writing, of all the roads or highways by them widened, altered or laid out, to be signed by the clerk of the common council of the said city of New York, and cause the same to be entered in the records of the same city; and that whatever the same commissioners shall do according to the power given them by this act, being so entered on record, shall be deemed good and valid, to all intents, constructions and purposes in the law whatsoever.

roads.

or

on

VI. And be it further enacted, by the authority aforesaid, that if penalty any person or persons, shall wantonly spoil or damage any such pering or obroads, bridges or causeways, or fill up or destroy any of the ditches structing the 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 or persons shall leave a dead horse, or the carcase of any other beast, or any broken carriage, in any of the said roads or highways, for any longer time than may be necessary to remove the same, or set up in or near the said roads or highways,

Overseers to remove nuisances.

Process against

of

by warrant,

anything by which horses are usually affrighted, or shall, by any improper behavior, affright any horse or traveller, on any of the same roads or highways, every such person shall, for every such offence, forfeit and pay to the treasurer or chamberlain of the said city for the time being, the sum of forty shillings, lawful money of this state; to be recovered by the same treasurer or chamberlain, with costs of suit, by action of debt, before any court having cognizance thereof; and when recovered, to be applied to the repairing and improving the said roads or highways, as the said commissioners shall think fit. And further, to prevent, as far as pos sible, the evasion of the good purposes intended by this act, that the owner of every dead horse or other nuisance aforesaid, left in any of the said public roads or highways, shall be deemed to have put or left the same thereon, unless he or she prove the contrary.

VII. And be it further enacted, by the authority aforesaid, that on information being given by any person whomsoever to the overseer or overseers of 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 five pounds, like lawful money, for every offence; to be recovered, with costs of suit, and paid and applied as aforesaid.

VIII. And be it further enacted, by the authority aforesaid, that fenders to be the first process to be issued against any offender or offenders, and on con against this act, shall be by warrant, and not otherwise; and that cution to be the execution, on conviction, shall be against the goods and chatand goods. tels of the offender or offenders; and for want of such goods and

viction, exe

against body

destroying

chattels, against his, her or their bodies, and shall be contained in one and the same precept, and not otherwise; any law, usage or custom to the contrary hereof in any wise notwithstanding.

Penalty for IX. And be it further enacted, by the authority aforesaid, that in trees in any case any person or persons shall fell or otherwise destroy any tree road. or trees standing 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 such tree or trees; such person or persons shall, for every such offence, forfeit the sum of three pounds; to be recovered, paid and applied as aforesaid.

in Persons goor ward, to give are coming

ing north

X. And be it further enacted, by the authority aforesaid, that all cases of persons meeting each other on any of the said roads highways, in carriages, wagons, carts or sleighs, those who 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.

way to those

southward.

CHAPTER LXXXVIII.

AN ACT for regulating the Buildings, Streets, Wharfs and Slips, in the city of New York.-Passed 16th April, 1787.

Whereas, for the encouragement of the trade and commerce of this state, it is necessary that the buildings, streets, wharfs and slips, in the city of New York, should be regulated with uniformity, for the accommodation of habitations, shipping and transportation; Wherefore, to remove all impediments or obstruction that may retard so necessary a work,

Common

make

of

laws for re

buildings,

wharfs, and

I. Be it enacted by the People of the State of New York, represented council in Senate and Assembly, and it is hereby enacted, by the authority of New York to the same, that it shall and may be lawful to and for the mayor, al-gulating dermen and commonalty of the city of New York, in common streets, council convened, from time to time, to make such by-laws, ordi- lips. nances, rules and orders, for the better regulating and arranging, with uniformity, such new buildings as shall, after the passing of this act, be erected for habitations, or for the purposes of trade and commerce; and also for regulating and altering the streets, wharfs and slips, in such manner as shall be most commodious for shipping and transportation; and also at their will and pleasure, from time to time, to nominate and appoint two or more discreet and intelligent persons to be the surveyors of the buildings, streets, wharfs and slips of the said city, whose office and duty it shall be to direct and see that all buildings, streets, wharfs and slips, to be laid out or altered in the said city, be regulated with uniformity, for the accommodation of habitations, shipping, trade and commerce, according to such by-laws, ordinances, rules and orders, as, by the com:non council of the said city, shall be for that purpose, from time to time, ordained and established; which said surveyors shall

council

prevent

to

respectively, before they enter upon the duties of their said offices, take the following oath, before the mayor or recorder, viz.:

I, appointed a surveyor of the city of New York, do swear, in the presence of Almighty God, that I will faithfully, truly and impartially, execute the office of one of the surveyors of the same city.

Common II. And whereas, in the laying out of new lots of ground for buildBuildings en- ings, controversies may arise, by reason that a lot or lots, if built croaching on upon, to their full extent, would incommode and obstruct some

street of the said city, and be hurtful to the trade and health of the inhabitants thereof; Therefore, Be it further enacted, by the authority aforesaid, that it shall and may be lawful to and for the mayor, aldermen and commonalty of the said city, in common council convened, to hinder and prevent any building or buildings, that may narrow or encroach upon any street within the said city: And if in the doing thereof, or in the laying out for the future, any streets, wharfs or slips, they shall require for such purposes the ground of any person or persons, they shall give notice thereof to the owner, or parties interested in such ground, or his, her or their agent or legal representative: And to the end that reasonable satisfaction may be made for all such ground as shall be necessary for the uses aforesaid, the said common council shall and may treat with the owners, or persons interested therein, or his, her or their agent or legal representative; and if any such owner or owners 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, by a precept under their hands and seals, to command the sheriff of the said city and county of New York, to impannel and return, and he is hereby required to impannel and return a jury to appear before the Mayor's Court of the said city, at any term thereof, not 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 ground, or his, her or their agent or legal representative; and at the same time to summon the owner or owners of such ground, by notice to be left at his, her or their most usual place of abode, to appear before such Mayor's Court, on the day and at the place in such precept to be specified; which jury being first duly sworn, faithfully and impartially to inquire into and assess the damages in question, and having 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 ground, for their respective losses, according to their several interests and estates therein. And the verdict of such jury, and the

judgment of the said Mayor's Court thereupon, and the payment of the sum or sums of money so awarded and adjudged to the owner or owners thereof, or tender and refusal thereof, shall be conclusive and binding, to all intents and purposes, against the said owner and owners, his, her and their respective heirs, executors, administrators and assigns, claiming any estate or interest of, in or to the same ground; and it shall thereupon be lawful to and for the said mayor, aldermen and commonalty of the city of New York, and their successors, to cause the same ground to be converted to and used for the purposes aforesaid.

council to

the

making com

drains and

ving the

in streets, and and cleaning

altering, amending

the same.

IV. And whereas, the dirt and soil lying in the streets, doth often Common prove a common nuisance, and very prejudicial to the health of the direct inhabitants of the same city; for remedy whereof, Be it further mon sewers enacted, by the authority aforesaid, that it shall and may be lawful vaults, pato and for the mayor, aldermen and commonalty of the said city, common council convened, by ordinances and by-laws for that purpose to be made and ordained, from time to time, and in such manner as they shall judge to be most conducive to health and public convenience, to cause common sewers, drains and vaults to be made and constructed in any part of the said city, and to order and direct the pitching and paving the streets thereof, and the cutting into any drain or sewer already made, or to be made; and the altering, amending, cleansing and scouring of any street, vault, sink, or common sewer, within the same city. And for the better effecting thereof, it shall and may be lawful to and for the mayor, aldermen and commonalty of the said city, in common council convened, to cause to be made, an estimate or estimates of the expense of conforming to such regulations as aforesaid, and a just and equitable assessment thereof, among the owners or occupants of all the houses and lots intended to be benefited thereby, in proportion, as nearly as may be, to the advantage which each shall be deemed to acquire respectively. And in order that the same may be faithfully and impartially performed, the said common council shall, from time to time, appoint five sufficient and disinterested freeholders for every such purpose, who, before they enter upon the execution of their trust, shall be duly sworn, before the said mayor or recorder, to make the said estimate and assessment fairly and impartially, according to the best of their skill and judgment; and a certificate in writing of such estimate and assessment being returned to the said common council, and ratified by them, shall be binding and conclusive upon the owners and occupants of such lots so to be assessed respectively; and such owners or occupants respectively, shall thereupon become, and be liable and chargeable, and they are hereby required, upon demand, to pay to such person as