one month, or until fuch forfeiture and coft fhall be paid; and if fuch offence fhall be committed by any apprentice, fervant or flave, fuch forfeiture fhall be paid by his or her master, miftrefs or owner, or in default thereof, fuch apprentice, fervant or flave fhall be committed to the bridewell or houfe of employment of the faid city, in manner aforefaid. Common council appointed com highways in New-York. CHA P. LXI. An ACT for the better regulating the public Roads in the I. BE Paffed 21ft March, 1787. E it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is heremifiioners of by 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 fucceffors, fhall be and hereby are appointed commiffioners to regulate and keep in repair the prefent public roads or highways, and to lay out, regulate and keep in repair fuch other public roads or highways as fhall hereafter be laid out in the faid city and county. Authorised to new ones. II. And be it further enacted by the authority aforesaid, widen or alter That the faid commiffioners, fo as aforefaid by this act highways, appointed, fhall be and hereby are fully authorised and empowered to widen or alter all public roads and highways already laid out in the said city and county, to fuch convenient breadth, not exceeding four rods, nor less than two rods, as the faid commiffioners hall judge fit, to make them paffable for horfes and carriages; and alfo to And to lay out lay out and make fuch other public roads or highways, as they fhall think neceffary or convenient for the faid city and county in manner aforefaid, if the owner or owners of the faid lands through which fuch new roads are to run, or his, her or their agent or legal representative, will, on reasonable recompence, confent to the fame; and if in widening or altering any fuch public road or highway now in being, or if in laying out any public road or highway hereafter, or in widening or altering the fame, the faid commiffioners fhall take or require for fuch purpofes the lands of any perfon or perfons, they fhall give notice thereof to the owners or proprietors of fuch land, or to his, her or their agent or legal reprefentative; and to the end that reasonable fatisfaction may be made for all to be paid for. fuch lands as fhall be taken and employed for the ufe aforefaid, the faid commiffioners fhall and may treat and agree with the owners and perfons interested therein, or his, her or their agent or legal representative; and if any fuch owners or proprietors fhall refufe to treat in manner Lands appropriated for that purpofe Manner of af certaining the value thereof. aforefaid, then and in such case it fhall and may be lawful to and for the mayor or recorder, and any two or more aldermen by virtue of this act, to iffue a precept directed to the sheriff of the faid city and county of New-York, commanding him to impanel and return, and he is hereby required to impanel and return a jury to appear before the mayor's court at the then next meeting thereof, not lefs then three weeks from the date of fuch precept, to inquire of and affefs the damages and recompence due to the owner or owners of fuch land, and at the fame time to fummon the owner or owners of fuch land, or his, her or their agent or legal reprefentative, by notice to be left at his or her laft most ufual place of abode, to appear before fuchi mayor's court on the day and at the place of the return of fuch precept, which jury, being firft duly fworn for that purpofe and having viewed the premises, if neceffary, fhall inquire of and affefs fuch damages and recompence as they fhall under all the circumftances judge fit to be awarded to the owner or owners of fuch land, according to their feveral and respective interefts and eftates of and in fuch land, or any part thereof, for their refpective interefts and eftates in the fame; and the verdict of fuch jury and the judgment of the faid mayor's court thereupon, and the payment of the fum and fums of money fo awarded and adjudged to the owner or owners thereof, or tender and refufal thereof, fhall be binding to all intents and purposes against the faid owners and their respective heirs, executors, admininstrators and affigns, claiming any intereft or title in or to the fame land, and fhall be a full authority to the faid commiffioners to caufe the faid land to be converted to and ufed for the purposes aforefaid, any thing herein or in any other law contained to the contrary hereof in any wife notwithstanding. not to be lefs III. Provided always, and be it further enacted by the all- Road to thority aforesaid, That nothing in this act before contain- Ki bridge ed, fhall be deemed to authorife or require compenfation than 4 rods. to be made to any perfon or perfons, for any lands which he, fhe or they fhall have obtained by encroaching on fuch public road or highway; And provided further, That the main road or highway leading to Kingsbridge fhall not. be of lefs breadth than it is at prefent, nor any part thereof lefs than four rods wide. to build caufeways, IV. And be it further enacted by the authority aforesaid, CommiffionThat it fhall and may be lawful to and for the faid com- ersauthorised miffioners, to caufe to be made, built and erected, fuch bridges and and fo many caufeways and bridges, and at fuch places ne as they fhall think neceffary, and to caufe ditches from ditches. fuch public roads or highways to be made and cut through any perfon's land where they fhall judge proper for conveying the water from and keeping the fame roads or highways dry and in good order, and from time to time Returns of public roads to be recorded Penalty on injuring or obstructing the roads. Overfeers to fances. to appoint one or more furveyors or overfeers of the faid roads or highways, and to employ labourers and workmen to make and keep the fame in repair. V. And be it further enacted by the authority aforesaid, That the faid commiffioners fhall from time to time make regular returns in writing of all the roads or highways by them widened, altered or laid out, to be figned by the clerk of the common council of the faid city of New-York, and caufe the fame to be entered in the records of the fame city; and that whatever the fame commiffioners fhall do according to the power given them by this act, being fo entered on record, fhall be deemed good and valid to all intents, conftructions and purpofes in the law what foever. VI. And be it further enacted by the authority aforesaid, That if any perfon or perfons fhall wantonly fpoil or damage any fuch roads, bridges or caufeways, or fill up or destroy any of the ditches aforefaid, or fence across any of the faid roads or highways, or erect or fet up any gates thereon, or put or leave in any of them any unneceffary obftruction, without leave of the faid commiffioners; or if any perfon or perfons fhall leave a dead horfe, or the carcafe of any other beaft, or any broken carriage, in any of the faid roads or highways, for any longer time than may be neceffary to remove the fame, or fet up in or near the faid roads or highways any thing by which horfes are ufually affrighted, or fhall by any improper behaviour, affright any horfe or traveller on any of the fame roads or highways, every fuch perfon fhall for every fuch offence forfeit and pay to the treasurer or chamberlain of the faid city for the time being, the fum of forty fhillings, lawful money of this ftate, to be recovered by the fame treafurer or chamberlain, with cofts of fuit, by action of debt, before any court having cognizance thereof; and when recovered to be applied to the repairing and improving the faid roads or highways, as the faid commiffioners fhall think fit; And further, To prevent as far as poffible the evafion of the good purpofes intended by this act, that the owners of every dead horfe or other nuifance aforefaid, left in any of the faid public roads or highways, fhall be deemed to have put or left the fame thereon, unlefs he or she prove the contrary. VII. And be it further enacted by the authority aforesaid, remove nui. That on information being given by any perlon whom foever to the overfeer or overfeers of the faid roads or Lighways, of any of the faid nuifances or obftructions, be fall immediately proceed to the removing thereof, and fhall alfo ufe his beft endeavours to difcover the perfon or perfons who committed the fame, who upon difcovery fhall not only be liable to the penalties herein before ap pointed, but alfo to the cefts of removing them and a reafonable compenfation to fuch overfeer or overfeers for his or their time or trouble therein, to be recovered by fuch overfeer or overfeers with cofts of fuit, before any court having cognizance thereof as aforefaid; And fur- Penalty for ther, That every overfeer who fhall neglect or refufe to neglect. do his duty, according to the true intent and meaning of this act, fhall for every fuch neglect or refufal, forfeit and pay to the treasurer or chamberlain of the faid city for the time being, the fum of five pounds, like lawful money, for every offence, to be recovered with cofs of fuit and paid and applied as aforefaid. againft offen VIII. And be it further enacted by the authority aforesaid, Process That the first procefs to be iffued against any offender orders to be by offenders against this act, fhall be by warrant and not warrant. otherwife, and that the execution on conviction shall be against the goods and chattels of the offender or offenders, and for want of fuch goods and chattels against his, her or their bodies, and shall be contained in one and the fame precept, and not otherwife, any law, ufage or cuftom to the contrary hereof in any wife notwithstanding. trees in any IX. And be it further enacted by the authority aforesaid, penalty for That in cafe any perfon or perfons fhall fell or otherwife destroying deftroy any tree or trees ftanding on any of the faid roads, road or within the distance of one rod thereof, without the leave of the faid mayor, aldermen and commonalty, or of the owner of fuch tree or trees, fuch perfon or perfons fhall for every fuch offence forfeit the fum of three pounds, to be recovered, paid and applied as aforefaid. X. And be it further enacted by the authority aforesaid, That in all cafes of perfons meeting each other on any of the faid roads or highways in carriages, waggons, carts or fleighs, those who are going out northward, fhall give way to fuch as are coming in fouthward, under the penalty of forty fhillings for every offence, to be recovered, paid and applied in manner aforefaid. ELEVENTH SESSION. CHAP. LXXXI. W Paffed 15th March, 1788. Perfons going northward to give way to thofe coming fouthward. THEREAS the practice of ftoring gun-powder with Preamble. in certain parts of the city of New-York, is dan gerous to the fafety of the faid city; Therefore, than twenty of powder to I. Be it enacted by the People of the State of New-York, Not more represented in Senate and Assembly, and it is hereby enacted eight pounds by the authority of the same, That it fall not be lawful for kept in any any perfon or perfons to have or keep any quantity of one place gun-powder, exceeding twenty-eight pounds weight, in tai limits, any one place, houfe, ftore or out-houfe, less than one ad. within cer and how ip Under a penalty. Commanders of veffels to land and ftore gon-powder within 24 hours alter their arrival How gunpowder through the Arcets. mile to the northward of the city hall of the faid city, except in the public magazine at the Frefh-water, which faid quantity of twenty-eight pounds fhall be feparated in four ftone jugs or tin canisters, each of which fhall not contain more than feven pounds; and if any perfon or perfons fhall keep any greater quantity than twenty-eight pounds, in any one place, houfe, ftore or out houfe, or if the fame gun-powder fo permitted to be kept as aforefaid fhall not be feparated in the manner herein above directed, he, fhe or they fhall forfeit all fuch gun-powder fo kept contrary to the true intent and meaning of this act, or fo permitted to be kept, and which fhall not be feparated as aforefaid; and fhall alfo forfeit the fum of fifty pounds for every hundred weight of powder, and in that proportion for a greater or lefs quantity, to be recovered with cofts of fuit in any court having cognizance thereof, by any perfon or perfons who will fue for the fame; Provided always, That all actions and fuits to be commenced, fued or profecuted, against any perfon or perfons for any thing done contrary to this act, fhall be commenced, fued or profecuted within two calendar months next after the offence committed, and not at any time thereafter. II. And to avoid dangers from gun-powder laden on board of any fhip or other veffel arriving from fea, Be it further enacted by the authority aforesaid, That the commander or owner or owners of every fhip or other veffel arriving from fea, and having gun-powder on board, fhall within twenty-four hours after her arrival in the harbour, and before fuch fhip or other veffel be hauled along fide of any wharf, pier or key within the faid city, land the faid gun-powder, by means of a boat or boats, or other fmall craft, at any place on the Eaft-river eaft of the wharf now building by Thomas Buchanan, or at any place on the North-river, to the northward of the air-furnace, which may be moft contiguous to any of the magazines, and fhall cause the fame to be ftored in one of the magazines now built, or hereafter to be built for that purpose, on pain of forfeiting all fuch gun-powder to any perfon or perfons who will fue and profecute for the fame to effect, in manner aforefaid. III. And to prevent any evil confequences which may be conveyed arife from the carriage of gun-powder, Be it further enacted by the authority aforesaid, That all gun-powder which fhall be carried through the streets of the faid city, by carts, carriages or by hand, or otherwife, fhall be in tight cafks, well headed and hooped, and fhall be put into bags or leather cafes, and entirely covered therewith, fo that no powder may be fpilled or fcattered in the paffage thereof, on pain of forfeiting all fuch gun-powder as thall be conveyed through any of the ftreets aforefaid, in any other manner than is hereby directed; and it hall and may be |