New York (State).

The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le online

. (page 38 of 92)
Online LibraryNew York (State)The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le → online text (page 38 of 92)
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Bridges, and such other necessary Work in and concerning the
premises in their respective Districts, as shall from Time to
Time occur, and also in paying one or more Overseers of the
Highways, and a Clerk, And the said Commissioners are hereby
required and commanded to keep true and Just Accounts of all
the Money by them received and expended by Virtue of this Act,
and of all their Transactions, and the same to deliver in upon
Oath to the Court of General Sessions held for the said Counties
respectively whenever thereunto required.

AND BE IT ALSO ENACTED by the same Authority, that
the Commissioners by this Act appointed shall in their Districts
respectively agree with one or more Sober, Discreet, and capable
person or persons to be an Overseer or Overseers of the Highways
in their District, and the same to discharge at pleasure, and other
or others in his or their Stead to appoint, and also to appoint a
Clerk to keep their Accounts, to receive the Monies arising by
this Act, and to write the Orders and Directions that they shall
from Time to Time give (and which they are hereby impowered
to do,) to the Overseer or Overseers of the Highways, of which
Appointments they shall give public Notice in the District by
Advertisement put up at the place where the annual Election
for Oflflcers of the District are held.

AND BE IT ALSO ENACTED that as soon as the Commis-
sioners of the several Districts respectively, shall have rated the
Inhabitants of their District, they shall cause a Copy of the List
to be put up in at least two noted places within their District one
of which to be the place of Election to the Intent that all the
Inhabitants may know how many Days Labour, and how much
Money they are respectively rated, and in Order to prevent all
disputes that may arise in rating the Inhabitants to Work and
Contribute towards the Expence of the Highways,



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LAWS OF THE COLOUY OP NEW YORK. 377

BE IT ALSO ENACTED by the same Authority, that the
Master op Mistress of every Family in each of the said Districts
only shall be rated to Work and pay towards the Highways and
DO other person whatsoever.

AND BE IT ALSO ENACTED that all Trees standing or lay-
Ing in any persons Lands through which any common publio
Highway is or shall be laid out be for the proper Use of the
Owner or Owners of the same, but the said Owners shall not
hinder the Overseer of the Highways of the District from making
Use of so much Timber which is standing or laying on that Road
or which is standing or laying in any Lands adjacent not actually
in Fence as will amend the said Highways or Bridges.

AND BE IT ALSO ENACTED by the same Authority that if
any Trees shall fall out of any inclosed Lands into or across any
of the public Highways, that the Owner of such Inclosure shall
within forty eight Hours after the same be so fallen remove the
snme or be liable to a Fine of ten Shillings for every Days Neg-
lect in the nonremoval thereof after Notice given to be recovered
and applied in the same Manner as the other Fines and For-
fleturea are recovered and applied by this Act.

PROVIDED ALWAYS, AND BE IT ENACTED by the same
Authority that in Case it should happen that the Highways in
any of the said Districts should want so little Repair, as that
the Money only raised or to be raised in such District by Virtue
of this Act may be sufiBcient to do the Work THEN and in such
Case the Overseers of the Highways shall not call upon the In-
habitants to Work upon the Highways. PROVIDED ALSO
that in Case it should not be necessary in any one or more of the
said Districts to have all the Days wrought by the Inhabitants
that this Act requires that then the Commissioners shall direct
the Overseers to let each Inhabitant Work in his Just propor-
tion and no more, And PROVIDED ALSO that any person
liable to Work on the Highways by Virtue of this Act may be
excused from the snme on paying to the Commissioners besides
the Money such person was rated the Sum of three Shillings for
each Days Tiabour that such person was rated.

AND BE IT ALSO ENACTED by the same Authority, that
no person whatever in any of the said Districts shall after the
first Day of June next after the publication of this Act set up
any Swinging or other Gate or suffer any that may be then
already set up to remain across any of the Highways in the said
City or Counties respectively unless by a special Licence from
48



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¬ї78 LAWS OP THE OOLONY OF NEW YORK.

the Commissioners of the District under their Hands and Seals,
PROVIDED always that before the said Commissioners shall be
permitted to grant such a Licence they shall at the request and
at the Cost and Charge of the person or persons requesting such
Licence apply to two of the nearest Justices of the peace who
shall cause the Constable of the District to summon twelve
impartial principal Freeholders of the District, and the said
Justices together with the said Freeholders, the Freeholders,
being first duly Sworn, shall maturely enquire and then declare
under their Hands and Seals whether there are any sufQcient
Obstacles to prevent the setting of Fences, and maintaining the
same, and what those Obstacles are if any there be, and if by the
return of the inquest, it shall appear that no Fences can be
reasonably maintained, then the Commissioners shall grant their
Licence for Gates; If otherwise they shall allow one Year to
remove the Gates, and no longer, and any person or persons
offending contrary to the true Intent and Meaning of this Clause
SHALL for every Offence be liable to the like Forfleture that is
inflicted in the fourth Clause of this Act, and the said Forfietures
shall be recovered and applied in the same Manner as is directed
in said fourth Clause.

AND BE IT FURTHER ENACTED by the Authority afore-
said, that in Case any person or persons shall Stake or Shore o^^ea
any Licenced Gate or Gates or wilfully ride over or through any
Lands, Meadow Ground, or Cornfields to the Damage of the
Owners thereof, such person or persons shall for every such
Offence forfiet the Sum of Twenty Shillings, to be recovered by
the overseers of the Highways in each respective District, where
such OflTence shall be committed, and be recovered and applied
in like Manner as the other Forfietures in this Act are recovered
and applied, and such Offender shall pay all such Damages with
Cost which the possessor of the Soil shall suffer or sustain
thereby as shall be ordered and awarded by a Justice of the
peace residing nearest to the place where such Offence shall be
committed, and the determination of such Justice shall be final
and conclusive therein.

AND BE IT FURTHER ENACTED by the same Authority,
that if the Commissioners or Overseers of the Highways shall
think fit and have Occasion of any Team, Sled, Cart or Waggon,
and a Man to Manage the same, the said Cart, Sled or Waggon,
and Man shall be esteemed to be in lieu of three Days Work of
one Man^ and the Fine for neglect or refusal to furnish the same



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IiAWS OF THE COLOIS Y OF NEW YORK. 319

io be proportionable that is treble to the Fine to be imposed for
the Neglect of one person, and every Working Man shall be
obliged to bring such Tools as Spades, Axes, Crows, Pick Axes,
or other Utensils as shall be directed by the Overseers of the
Highways, and no person under the Age of Sixteen Years shall
be deemed a snflBcient Labonrer.

AND BE IT FURTHER ENACJTED by the same Authority,
that if any of the said Commissioners herein appointed, shall
neglect, refuse or delay, to qualify themselves, as this Act here-
after directs, or being qualified SHALL happen to die or remove
out of the District for which he or they are appointed Commis-
sioners, it shall and may be lawful for the Justices of the peace
in the General Sessions held for the said Counties respectively
to appoint in his or their Stead another Commissioner or Com-
missioners for such District where such Refusal, Neglect, delay,
Death or Removal shall so happen, and the Commissioner or
Commissioners so appointed, shall be under the same Restric-
tions, and have the same power and Authority, as those ap-
pointed by this Act.

AND BE IT ALSO ENACTED by the same Authority, that it
shall and may be lawful for the Justices of the peace in the Gen-
eral Sessions held for the said Counties respectively, to appoint
such an additional Number of Commissioners to such Districts
as have not above three appointed by this Act, as to them shall
seem necessary, and the Commissioner or Commissioners so ap-
pointed, shall be under the same Restrictions, and have the same
power and Authority as those appointed by this Act.

AND BE IT ALSO ENACTED by the Authority aforesaid
that the Commissioners of each respective District for which
they are respectively appointed shall from Time to Time during
the Continuance of this Act, enter in Writing all the Highways
by them laid out, altered, or stopped up, and sign the same by
putting their Names thereto, and cause the same to be entered in
the Records of the said counties respectively by the Clerk of the
peace, who is hereby directed and required to Record the same,
and whatsoever the s'd Commissioners shall do in layingout, alter-
ing or Stopping, and otherwise regulating Highways, according
to the power given them in this Act being so entered in the
County Records shall be deemed valid and good to all Intents
and purposes whatsoever, for which Entry the Clerk shall be
paid two Shillings.



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380 LAWa OF THE COLONY OF 2sEVY I'OKK-

AND BE IT FURTHER ENACTED by the same Authority,
that upon the order of any one or more of the Justices of the
peace of the said Counties respectively, the Overseers of the
Highways shall set to Work the RESPECTIVE Inhabitants to
mend and repair any part of the Road that may want the same,
and if the Overseer or Overseers shall neglect to have the said
Highway repaired for the Space of eight Days such Overseer or
Overseers shall for every such neglect forfiet the Sum of forty
Shillings to be adjudged by and recovered before any one Justice
of the peace of the said Counties respectively upon the Oath of
one credible Witness, or on the View of such Justice in the
common and usual Method, which Fine shall be applied in like
manner as the other Fines are applied in this Act.

PROVIDED ALWAYS AND BE IT ENACTED by the same
Authority that where the Inhabitants of a small Neighborhood
or plantation shall desire to have public Roads laid out the Com-
missioners aforesaid shall not be allowed to lay out so many
Roads as the said Inhabitants may be desirous to have but only
one public Road leading from such Neighbourhood to the nearest
other public Highway, from whence they can travel and Trans-
port Goods to other Towns or Landing places; and where it
shall be necesf^ary to lay out a Road from one District, as they
are in this Act Joined to another District, the Commissioners or
the Major part of both Districts are to meet and consult where
such Road can be laid out in the best and Straightest Manner,
and to lay out the same accordingly, to the end that such Roads
may not only correspond with each other but be laid and carried
on in the most convenient and shortest Manner the Nature of the
Land will allow.

PROVIDED ALWAYS AND BE IT FURTHER ENACTED
that if it shall so happen that if the improved Farm of any Inhab-
itant of the said County, shall be divided or thrown into different
Districts, as they are described in this Act, that then in such Case
every such Inhabitant shall be Subject to worlc upon and con-
tribute towards the Highways in that District, only in which his
Dwelling House is erected.

PROVIDED ALSO, AND BE IT FURTHER ENACTED that
if any INHABITANT of the said respective Districts shall con-
ceive it more convenient to use a public main Road not Main-
tained by the District wherein he resides leading to the City of
Albany or other porl or place of Embarkation which may here-
after be established ; that in every such Case upon Application to



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LAWS OF THE COLONY OP NEW YORK. 881

the OommisBioners both of his own District^ and of that through
which the Road he prefers may pass^ it shall and may be lawful
to and for the said (Dommissioners or the Major part of them, if
such Convenience shall appear to them to be Manifest, to relieve
him from the Duties required of him by this Act, in the District
which he Inhabits, and Subject him to the performance of those
Duties in the next adjoining District through which such Road
passes, and whereby it is supported.

PROVIDED ALSO, AND BE IT FURTHER ENACTED that
where a public and Main Road shall be required from any District
in which there is a considerable Settlement to the City of Albany,
or any other port or place of Embarkation as aforesaid, that in
every such Case such public or Main Road shall be continued
from District to District, as streight and direct as the Nature of
the Ground and other Circumstances will admit, AND that such
Main and public Road may be established with more general Con-
venience and Utility to the Inhabitants of the respective Districts
through which the same may extend; it shall and may be lawful
to and for the Commissioners of the District, which shall require
the said Road by Writing under their Hands to appoint and Sum-
mons a general Meeting of all the Commissioners of the respeo-
tive Districts through which the Road proposed shall extend at
any Time not less than three nor more than ten Days after the
Service of Notice on the said Commissioners, and at such con-
venient place in that District which shall be most Central to the
usual Residence of the Major part of such Commissioners, AND
the said Commissioners are hereby directed and required to meet
and attend according to such Appointment, AND when the said
Commissioners so convened, shall have consulted together and
deliberated upon the Subject of the said Meeting they shall then
proceed to lay out the Highway or Road proposed and required
from District to District, and in the best and most advantageous
Manner for public and general Utility and Convenience (that is to
say) the Commissioners of each respective District shall lay out
that part of the intended Road which shall extend through the
District of which they are respectively Commissioners, and the
same being so laid out, shall be certified, returned and recorded,
as a pubHc Road or Highway in the Manner herein before
directed; and shall be maintained and supported in the several
Districts thro* which it shall extend as other Highways or public
Roads ought by this Act to be maintained in each respective
District, BUT if it shall so happen that the Commissioners of



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382 LAWS OF THE COLONY OF NEW YORK.

either of the other Districts then Assembled shall be dissatisfied
with any part of the Road so laid out they shall be at Liberty and
are hereby Authorized to propose the manner in which they con-
ceive that part of the Road which is objected to ought to be laid
out and if the Commissioners whose Duty it is to lay out the
same shall not agree to the Alteration insisted upon, that then a
Discription shall be made in Writing signed by all the Commis-
sioners present of both the Roads proposed AND it shall be law-
ful for three or more of the said Commissioners to apply to any
two of his Majestys Justices of the peace of the said Counties
respectively not residing or holding Lands in the District con-
cerning which such Controversy shall have arisen or the District
for which such Road shall be required. And such Justices are
hereby Authorized and directed thereupon to issue their precept
to one of the Constables of the said County commanding him to
summons a Jury of twelve good and suflScient Freeholders of the
said County not interested in the said Road who being duly Sworn
for that purpose shall enquire and give their Verdict which of the
Beads in Controversy will be the best and most commodious as a
OMain and public Highway, and an Inquest being thereof made
under the Hands and Seals of the said Justices and Jurors shall be
final and conclusive according to WHICH the Road shall be laid
out, certifyed and returned as a public Road by the respective
Commissioners through whose District it shall extend, and the
return thereof together with the said Inquisition being filed in the
Office of the Clerk of the said County and entered of Record the
Bald Road shall be deemed and esteemed a public Road or High-
way to all Intents and purposes, and be supported and maintained
In the respective Districts through which the same shall extend
In the same Manner as the other Highways in such Districts are
directed and required to be maintained and supported by this
Act and the Charge and Expence of such Inquest shall be born
and paid out of the Monies to be raised by this Act for the Benefit
of the District whose Commissioners shall have created the same
by refusing to lay out such Road in the Manner which by the
said Inquest shall be found the best and most commodious.

PROVIDED ALWAYS, AND BE IT ENACTED by the Au-
thority aforesaid, that the Inhabitants of the united Districts of
Duansburgh and Schoharie shall work upon and keep in Repair
so much of the Road leading from Schoharie towards the City of
Albany, through Renselaerwyck District as lays between the
United Districts of Duansburgh and Schoharie and the Foot of



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LAWS OF THE COLONY OP NEW YORK. 883

the Hill commonly called the Hellebergh, AND the Inhabitants
of Renselaerswyck District are hereby excused from Working on
or Contributing towards that part of the above said Schoharie
Roady any Thing in this Act to the Contrary notwithstanding.

AND BE IT ENACTED by the same Authority that the said
Commissioners appointed by this Act shall respectively before
they Execute any of the powers herein contained take an Oath
upon the Holy Evangelists before any Justice of the Peace of the
said County in the Words following.

I, A. B. do Solemnly Swear that I will faithfully, diligently, and
impartially execute the powers to me given and granted by An
Act intitled, "AN ACT for the better laying out, regulating, clear-
" ing and KEEPING in Repair the public Roads and Highways
" in the City and County of Albany.'* or the County of Tryon, as
the Case may be, Bo help me God.

AND LASTLY, BE IT ENACTED by the same Authority, that
this Act shall be and remain in full Force and Virtue, from its
publication until the first Day of February which will be in the
Year of our Lord One Thousand seven Hundred and Seventy
seven.

[CHAPTER 1652.]

[Chapter 1552, of Van 8cliaack, where the act is printed in folL See
chapter 1628.]

An Act to divide the Counties of Albany and
Tryon into Districts.

[Passed. March 24, 1772.]

WHEREAS the Inhabitants of the Counties of Albany and
Tryon labour under many Inconveniencies for want of having the
said Counties divided into proper Districts to remedy which BE
IT ENACTED by his Excellency the Governor the Council and
the General Assembly and it is hereby enacted by the Authority
of the same, That all that Part of the said County of Albany
which is comprehended by the City of Albany, shall be one
separate and distinct District. That all that Part of the said
County of Albany which lays to the Northward of Dutchess
County and to the Southward of the South Bounds of Claverack
continued to the Eastermost Extent of this Colony, and to the
Eastward of Hudson's River shall be one separate and distinct
District, and be henceforth called and known by the Name of the
District of the Manor of Livingston. That all that Part of the



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384 LAWS OF THE COLONY OF NEW YORK.

Bald County of Albany which is bounded on the South by the
District of the Manor of Livingston on the East by the East
Bounds of this Colony, on the West by Hudson's River, on the
North by a Line Beginning at the Mouth of Major Abraham's
Creek and running thepce up to the first Falls, and from thence
East as far as this Colony extends, shall be and is hereby de-
clared to be one separate and distinct District and the same shall
be from henceforth called and known by the Name of the
District of Claverack. That all that Part of the said County of
Albany which lays to the Northward of Claverack District, to the
Southward of an East Line from Bearen Island m Hudson's River
to the Eastward of Hudson's River and to the West of a straight
Line to be drawn from a Point in the said East Line from Bearen
Island, ten Miles distant from Hudsons River and to be con-
tinued due South until it strikes the North Bounds of the District
of Claverack, shall be one separate and distinct District, and be
henceforth called and known by the Name of the District of
Kinderhook.

That all that Part of the said County of Albany which lays to
the Eastward of Kinderhook District to the North of Claverack
District to the West of the East Bounds of this Colony, and to the
South of an East Line from Bearen Island shall be one separate
and distinct District and be henceforth called and known by the
Name of King's District.

That all that Part of the said County of Albany which is com-
prehended within the Limits and Bounds of that Part of the
Manor of Rensselaerwyck which lays to the Northward of an East
and West Line from Bearen Island aforesaid together with all
that part of the said County which lays to the Northward of the
said East Line from Bearen Island continued to the East Bounds
of this Colony, and to the Southward of the South Bounds of the
County of Cumberland continued to the East Bounds of the said
Manor excepting thereout the City of Albany, shall be one
Separate and distinct District and be henceforth called and
known by the Name of the District of the Manor of Rensselaer-
wyck.

That all that Part of the said County of Albany which is
bounded as follows to wit on the South by Rensselaerwyck
District, on the North by a Line South eighty four Degrees East
drawn from the Mouth of Lewis Creek or Kill, and on the EJast
by a Straight Line drawn from a Point in the North Bounds of
Rensselaerwyck District thirteen Miles distant from Hudson's



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LAWS OF THE COLONY OE NEW TOBK. 885

Elver to a Point in said Line from the Mouth of Lewis Creek or
Kill at ten Miles distant from Hudson's River, and on the West
by Hudson's River, shall be one Separate and distinct District
and be henceforth called and known by the Name of Schactekoke
District.

That all that part of the said County of Albany which lays to
the Northward of Rensselaerwyck District to the southward of
the said Line from the Mouth of Lewis Creek or Kill continued
to the West Bounds of the County of Cumberland to the East-
ward of Schactekoke District, and to the Westward of the County
of Cumberland, shall be one Separate and distinct District, and
be henceforth called and known by the Name of Hosick District.
That all that Part of the said County of Albany which lays to
the Northward of Schactekoke and Hosick Districts, and to the
South of Battenkill and the CouAty of Charlotte, and to the East
of the East Bounds of Saratoga so far North as Batten Kill and
to the West of the County of Cumberland shall be one separate
and distinct District and be henceforth called and known by the
Name of Cambridge District.

That all that Part of the said County of Albany which lays on
the East Side of Hudsons River to the Westward of Cambridge
District and to the Northward of Schactekoke District together
with all that part of the said County of Albany which lays on
the West Side of Hudson's River and to the North of Anthony's
Kill, and a West Line drawn from that part of the said Kill
where it comes out of the round Lake to the County of Tryon,
as also all the Islands laying in Hudson's River between the
North and South Bounds of this Tract, shall be one separate
and distinct District and be henceforth called and known by the
Name of Saratoga District.

That all that Part of the said County of Albany which lays
to the Southward of Saratoga District, to the Northward of
Rensselaerwyck District to the west of Hudson's River, and
to the East of the Township of Schenectady and the County of
Tryon, shall be one Separate and Distinct District and be hence-
forth called and known by the Name of Half Moon District.

That all that Part of the said County of Albany which is com-
prehended by the Township of Schenectady continued South-
erly to Rensselaerwyck District shall be one separate and dis-



Online LibraryNew York (State)The colonial laws of New York from the year 1664 to the Revolution : including the charters to the Duke of York, the commissions and instructions to colonial governors, the Duke's laws, the laws of the Dongan and Leisler Assemblies, the charters of Albany and New York and the acts of the colonial le → online text (page 38 of 92)