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 56 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 56 of 92)
Font size
QR-code for this ebook


said Waterside Roads and the new Road in the Precinct of Corn-
wall, and on the said Sterling Roads from Nathaniel Roe Jun'r
to the Jersey Line, and from Warwick to the aforesaid Road
shall be excused from working on the same provided he will (be-
fore, or on the Day appointed for him to work,) pay the Sum of
three Shillings to the Overseer of the District to which he doth
belong.

AND BE IT FURTHER ENACTED. That every Overseer
shall pay all the Money which he shall or may receive for excus-
ing persons from working on the said Waterside Roads, and for
Fines for their not working thereon, into the Hands of John
Gale Esquire John Brewster and Zachariah Du Bois, who are
hereby directed to lay out the same in repairing the said Water-
side Roads, in such Manner as they or any two of them shaH
think proper, and to render an Account thereof on Oath to the
Justices at the annual Town Meetings of the Precincts of Goshen
and Cornwall, that every Overseer shall pay all the Money which
he shall or may receive for excusing persons from working on
the said Sterling Roads or for Fines for their not Working?
thereon into the Hands of the Commissioners of the Precinct of
Goshen for the Time being, who are hereby directed to lay out
the same in repairing the said Sterling Roads in such Manner as
they or any two of them shall think proper, and to render an
Account thereof on Oath to the Justices at the annual Town
Meeting of the Precinct of Goshen/



Digitized by VjOOQ IC



JjAWS of the colony op new. YORK. 657

AND BE IT FURTHER ENACTED by the Authority afore-
said, That the Freeholders and Inhabitants of the respective
precincts in said County of Orange at their next annual Town
Meeting shall choose one Overseer of the Highways for each
District in the said Precincts respectively; and in Case of the
Death Absence or Refusal of any Overseer another shall be ap-
pointed in his stead by the next Commissioner to the District
where such Death, Absence or Refusal may happen, and the Over-
seer so appointed shall be under the same Circumstances in every
respect, as if he had been chosen by the Freeholders and Inhabit-
ants at an annual Town Meeting.

AND BE IT FURTHER ENACTED by the same Authority,
That the Commissioners for the Time being if needful may at
any Time after the passing of this Act and that once in every
Year, if they shall judge the same Necessary, divide their re-
spective precincts into as many Districts as they or the major
Part of them shall think most convenient and necessary by
Writing under their Hands to be lodged with the Town or Pre-
cinct Clerk and the Freeholders and Inhabitants at their next
annual Town Meeting after such Division shall choose as many
Overseers as there shall then be Districts.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That all Forfeitures which shall arise by any Persons not
working on the Roads or Highways agreeable to the Directions
of this Act shall be recovered (with five Shillings Costs,) by a
Warrant under the Hand and Seal of the Overseer of the Dis-
trict where such Forfeiture shall arise to be directed to any
Constable within the said Precinct, who is to seize and sell (as
is usual in other Cases,) the Offender's Goods and Chattels, and
after paying the Forfeiture to the said Overseer with two
Shillings for issuing the Warrant, the Constable shall retain
three Shillings for his Services, and all Forfeitures which shall
be paid to the said Overseer in the Manner aforesaid, and also
every Sum of Money which he may receive from any Person for
not working on the Public Roads or Highways shall be by him
well and faithfully laid out within his District or disposed of
according to Law.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That every Overseer within the said County, who shall not
give notice to the Persons within his District who are obliged
to work on Highways and work four Days between the first Day
of April and the first Day of July^ and one other Day between



Digitized by VjOOQ IC



658 LAWS OF THE COLONY OF NEW YOBK.

the first Day of April and the first Day of December in every
Year, shall forfeit the Sum of five Pounds; and in Case any
Overseer shall refuse or neglect to deliver an Account on or
before the first Monday in December in every Year as herein
before directed he shall forfeit the Sum of five Pounds and in
Case any Overseer who by this Act is obliged to work one Day
in a Year on the Water Side Roads in the precinct of Cornwall,
that shall refuse or neglect to work agreeable to the Direction
he shall receive from the aforesaid Captain John Wisner, Cap-
tain Elihu Mervin, Mr. Zachariah Dubois and John Gale Esquire
or any three of them, shall forfeit the Sum of five Pounds, and
in Case any Overseer who by this Act is obliged to work one Day
in a year on the aforesaid Sterling Roads shall refuse or neglect
to work agreeable to the Directions he shall receive from the
Commissioners of the Precinct of Goshen for the Time being or
any two of them shall forfeit the Sum of five Pounds, all which
Forfeitures shall be recovered with usual Charges in the re-
covery thereof, and the Commissioners for the Time being or
any two of them of the Precinct where such Forfeiture shall
arise, are hereby ordered directed and required to issue their
Warrant to any Constable for the recovery of the said Penalties,
who is ordered to take and sell the Offender's Goods and Chattels
as is usual in other Cases, and the Commissioners shall lay out
the said Fines in repairing the Roads within the Districts
where such Overseer ought to have worked.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That all Trees that stand in any Highway which has op
shall be laid out through any Person's Land shall belong to the
Owner or Owners thereof but the said Owner shall not hinder
the Public from making use of so much Timber which is standing
or lying on the Road as will make and repair the same.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That if any Overseer shall think fit and have occasion of
any Teams, Carts, Waggons, Ploughs or Sleds and a Man to
manage the same; such Team, Cart, Waggon Plough or Sled with
a person to manage the same, if with four Creatures shall be
esteemed for and in lieu of three Days work of a single Man, and
if with two Creatures for and in lieu of two Days work of a
single Man, and the Fine to be proportionable, that is if with four
Creatures treble and if with two, twice as much as the Fine of a
single person; and every Workman shall be obliged to bring such
Utensils as he is directed to bring, by the Overseer of his District



Digitized by VjOOQ IC



LAWS OP THE COLONY OP NEW YORK. 559

AND BE IT FURTHER ENACTED by the Authority afore-
Baid, That the Commissioners of each Precinct for which they
shall be chosen and elected shall from Time to Time enter in
Writing all the Highways or Roads laid out or altered, and sign
the same by putting their Names thereto and cause the same to be
entered into their Town Book and whatsoever the Commissioners
shall do according to the Powers given them in tfiis Act being so
entered into their Town Book shall be valid and good to all
Intents and purposes whatsoever.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That no greater Fees or Charges shall be allowed or taken
for altering or laying out any Highways and for Services done
by virtue of this Act, than the following, to wit, To each Commis-
fifionei; and Justice six Shillings per Day, to the Justices for issu-
ing their Warrant to summons a Jury three Shillings; to the
Sheriff his Deputy or a Constable for summoning a Jury six
Shillings, for his Attendance on a Jury each Day four Shillings, to
each Jury Man four Shillings per Day; to Captain John Wisner,
Captain Elihu Mervin, Mr. Zachariah Dubois, and John Gale
Esqaire four Shillings per Day as a Reward for their Care and
Trouble in doing the Business required of them by this Act:
which Fees or Charges shall be raised upon the respective Pre-
cincts where they shall so arise, as other contingent Charges of
the said Precincts in the said County are raised.

AND BE IT FURTHER ENACTED by the same Authority,
That any one of his Majesty's Justices of the Peace for the Time
being in the County of Orange, or any one Commissioner for the
Time being may order any Overseer to Work upon any Road or
Highway within his District that he shall think necessary, the
Number of Days he is obliged to work by this Act, and such
Overseer shall within eight Days thereafter warn and set to work
the persons within his District who are obliged to work on High-
ways, upon that part of the Road or Highway which he shall be
so ordered to amend and if any Overseer shall neglect or refuse to
warn and set to work the persons aforesaid of his District to
amend such Road or Highway as he shall be so ordered to amend,
he shall for every such Neglect or Refusal pay a Fine of forty
Shillings with usual Costs of Suit, to be adjudged by and re-
covered before any one of his Majesty's Justices of the Peace for
the County of Orange upon the Oath of any one credible Witness,
or on the A^'iew of such Justice or Commissioner or Confession of
the party in the common or usual Method| which Pines shall be



Digitized by VjOOQ IC



B6U LAWS OF THE COLONY OF NEW YOKK.

delivered to one of the Commissioners, and applied towards re-
pairing the said Highways in such place where such Fine may
arise. "^

AND WHEREAS it may be absolutely necessary to lay out
private Roads within the said County, BE IT THEREFORE
ENACTED by the Authority aforesaid That upon Application
to the Commissioners of either Precinct for a private Road the
Commissioners for the Precinct where such Road is desired
to be laid, shall view the same, and if they are of Opinion such
Road is absolutely necessary, and twelve principal Freeholders
under Oath shall be of the same opinion, the said Commissioners
are hereby impowered to lay out such Road, observing the same
Steps in ascertaining what shall be paid for the Land as are
before directed to be taken in laying out Public Roads, and all
the Expences and Charges attending the said Road shall be
paid by the Person or Persons applying for the same, and the
said Road when laid shall be ibr the only use of the Person or
Persons who shall pay for the same, his and their Heirs and
Assigns, but for no other use and purpose than that of a Road :
PROVIDED ALWAYS That the Owner or Owners of the Land
through which such private Road may be laid shall not be pre-
vented from making use of such Road, if he shall signify his
Intention of making use of the same at the Time when the Jury
are to ascertain the Value of the Land and the Damages by
means of laying out such Road.

AND inasmuch as it is thought practicable at a small Ex-
pence to open a Road through the Mountains from the Neigh-
bourhood of Haverstraw on the south side of the Highlands to
the Murderer^ Creek or Schunemuck Clove which if effected
will not only contribute greatly to the Ease and Advantage of
the Inhabitants of the said County by affording a more short
and easy Communication between those parts thereof which lie
on the different Sides of the said Mountains; but to Travellers
passing from the Southern to the Northern Parts of the Colony,
as the Post Road from the City of New York to Albany on the
West Side of Hudson's River would be shortened thereby many
Miles.

BE IT THEREFORE ENACTED by the same Authority, That
John DeNoyelles, David Pye, Ann Hawkes Hay, John GriflBths
and Jesse Woodhull Esquires, or the Majority of them, shall
be and hereby are appointed Commissioners for the Special pur-
poses of viewing, laying out opening and improving a Public



Digitized by VjOOQ IC



LAWS OF THE COLONY OF NEW YORK. 661

Boad or Highway through the Highlands from Haveratraw afore-
said to the Schunemuck Cloye Boad, and so to the North Bonnda
of the County of Orange near the Murderers Creek, in such
Manner, and upon such Course or Courses as they shall think
most expedient and beneficial, and to make a Return thereof and
have the same entered of Record, and they shall hare all Uxe
powers and Authorities for the purposes aforesaid which are
given to the Commissioners of Highways to be elected by virtue
of this Act, any Thing herein contained to the contrary not-
withstanding: and the said Road so to be laid out by the said
Commissioners shall be a public Road or Highway to all In-
tents and purposes as if the same had been laid out by the
Commissioners to be chosen by virtue of this Act, and as such
shall be worked upon and improved.

AND BE IT FURTHER ENACTED by the same Authority,
That the said John DeNoyelles, David Pye, Ann Hawkes Hay,
John GriflBths and Jesse Woodhull, and the major Part of them
shall, and are hereby irapowered and authorized to, receive all
such sum and Sums of Money as may be collected or given as
voluntary Donations by any Person or Persons whomsoever for
the opening working and improving the said Road and erecting
and building Bridges thereon, and the same to lay out and
expend for the purposes aforesaid in such Manner as they shall
think best, rendering an Account of the Monies so by them re-
ceived and expended annually to the Court of General Sessions
of the peace for the said County under Oath if required.

AND BE IT ALSO ENACTED by the same Authority, That
all the Inhabitants residing on the North of a West Line from
tho Mouth of Floras Fall, to the East and south of the Bounds of
the Precinct of Cornwall aforesaid shall be considered as one
distinct District, and be subject to no future Division by virtue
of this Act; and the Inhabitants residing in Cornwall precinct
within one llUe south of the said Road so to be laid out to the
East of the West side of Schunemuck Clove, and to the South-
ward of a North East Line to be drawn from Smith's Mill to Hud-
son's River shall likewise be considered as one distinct District,
and be subject to no future Division by virtue of this Act; and the
Inhabitants of those two Districts shall be compellable to work
upon such Road so to be laid out and such other public Roads as
are or may be laid out in their said Districts respectively under
the directions of the Overseers that shall be appointed for said
respective Districts by the Commissioners aforesaid: And the
VoL V. 71



Digitized by VjOOQ IC



563 LAWS OP THE COLONY OP NEW YORK;

said Commissioners shall have full power and are hereby reqntred
to appoint Overseers of Highways for the said Districts respec-
tively, who shall have all the Powers and Authorities, and be sub-
ject to the same Fines Rules and Regulations, that are given to
Overseers to be elected or appointed by this Act: And the Inhab-
itants of those two Districts shall not be compellable to Work
on any other Public Roads in the said County, any Thing herein
before contained to the contrary hereof in any wise notwith-
standing.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That all Laws heretofore made respecting Roads or High-
ways BO far as they relate to the County of Orange shall bfe and
hereby are repealed, made Null and void to all Intents Construc-
tions and purposes whatsoever.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That this Act shall be and continue in force from the
passing thereof, until the first Day of February which will be
in the Year of our Lord one thousand seven hundred and seventy
eight

[CHAPTER 1617.]

[Chapter 1617, of Van Schaack, where the act Is printed In full. See
chapter 1G66. The act amended is chapter 12879 and the act repealed
hereby Is chapter 1451.]

An Act to amend an Act entitled. "An Kcl
**for the better clearing mending and further
** laying out Public High Roads and others in
«the County of Ulster/'

[Passed, March 8, 1773.]

WHEREAS it is found by Experience that the Laws for regu-
lating and improving the Public Highways in the County of
Ulster, do not fully answer the good purposes thereby intended,
for remedy whereof,

BE IT ENACTED by his Excellency the Governor, the Coun-
cil and the General Assembly, and it is hereby enacted by the Au-
thority of the same, That every Person liable to Work on the
Public Roads or Highways in the said County of Ulster by virtue
of an Act entitled, "An Act for the better clearing mending and
" further Laying out Public High Roads and others in the County
**of Ulster," passed in the third Year of his present Majesty's
Riign, shall actually work thereon for each Day he is by the said
Act obliged to work^ at least eight Hours and for Default shall



Digitized by VjOOQ IC



LAWS OF THE COLONY OF NEW. YORK. 603

bo liable to pay a Fine of six Pence for every Hour lie shall
neglect his Duty therein to be sued for and recovered in the
same Manner as other Fines and Penalties are recoverable by
the said Act, and applied as is herein after directed.

AND WHEREAS Disputes have arisen, and hereafter may
arise concerning what persons are by the said Act compellable to
work on the Public Roads and Highways in the said County, for
prevention whereof for the future, BE IT ENACTED by the
Authority aforesaid. That every Freeholder House keeper and
oiber Person exercising any Trade or Business for themselves
and on their own Accounts within the said County shall be liable
to work upon the Public Roads and Highways, and that no Per-
son living with and working for their Master or Parents, and not
exercising any Trade or Business for themselves or upon their
own Account shall be compellable to work upon the same, any
Thing herein or in the said Act contained to the Contrary thereof
in any wise notwithstanding.

PROVIDED ALWAYS AND BB IT FURTHER ENACTED
by the same Authority, That it shall be lawful nevertheless for
any Person compellable to work on the Public Roads or High-
ways aforesaid to commute for and pay Money at the Rate of
two Shillings and six pence a Day instead of working, which
Money shall be paid to the Overseer of the Highway of the Dis-
trict in which the Person or Persons paying the same do reside,
to be by the said Overseer applied and expended in the improve-
ment of the said Roads and Highways in such District, and
towards purchasing Materials and other Necessaries for, and
in erecting and building the most Public and useful Bridges
in the same Distiict according to the Directions of the major
Part of the Commissioners of such Town or Precinct.

AND inasmuch as many of the Commissioners of Highways
named in the said Act are since the passing thereof dead, some
removed out of the Places for which they were appointed, others
have declined acting, and a Number of new Precincts have been
made. And an increase of the Number of Commissioners In
the several Towns and Precincts in the said County will not
only be an Ease and Advantage to the Inhabitants but also tend
to the better and more effectual putting in Execution the good
Design of said Law

BB IT THEREFORE ENACTED by the same Suthority.
That the following Persons shall be and are hereby appointed
Commissioners for Highways for the several Towns and Pre-
cincts in the said County in the Room and stead of those ap^
pointed in and by the said Act, to wit



Digitized by VjOOQ IC



1561 LAWS OF THE COLONY OF. NEW. YOBS

For the Town of Kingston Andreag DeWitt Junior, Adam
Bwart, Joseph Gashery Esquire^ Henry Jansen and Jacobot
Persen. • '

For the Town of Hurley Matthias Lafever, Adrian Wynkoop,
John Van deursen Esquires, Petrus Orispell and Matthpwis Jen
Eyck.

For Marble Town, Jacob Hassbrool, Nathaniel Oontine, Es-
quire, David Bevier, Cornelius E. Wynkoop, and Andries J. De-
Witt Esquire.

For Rochester Jacob Hornbeek, Andries DeWitt Esquires,
Benjamin Hornbeek, Cornelius Hardenbergh, and Ephraim De-
Pue. n

For the Township of the New Paltz and the Neighbourhood
thereunto belonging Cornelius DuBois, Noah Eltinge Esquires^
Abraham Do jo, Abraham Donaldson and Peleg Bansom.

For the Precinct of Shawangunk, Jacobus Bruyn, Benjamin
Smeedes^ Isaac Haasbrouck, Johannes Jansen Esquires, and
Cornelius Decker.

For the Precinct of New Marlborough, Samuel Carpenter Es-
quire, Lewis DuBois, Caleb Merit, Joseph Moorey^ and Richard
Woolsey Esquire.

For the Precinct of New Burgh, Jonathan Haasbrouck, Samuel

Sands Esquire, Samuel Stratton, Arthur Smith, and Henry Smith.

For the Precinct of New Windsor John Nicoll Esquire, George

Denniston, James Falkner, John Nicholson Esquire and Samuel

Brewster.

For the Precinct of Hanorer Hendricus Vankeuren, Cadwal-
lader Colden Junior Esquire, Matthew Bea Esquire, Patrick
Barber and Jacob Crist.

For the Precinct of the Wallkill, Abimal Young, Moses Philips,
Daniel Butterfleld, George Booth, and Nathaniel Owen, and.

For the Precinct of Mamacotting Benjamin DePue, Jacob
Eutsen DeWitt, William Cuddeback, Jacob Gemaar and Philip
Swartwout.

Which said Commissionene or any three of them shall have
all the Powers and Authorities in the Towns and Precincts for
which they are respectively appointed, and perform all the Duties
enjoyned upon the Commissioners of Highways and Public Roads
in and by the said Act, shall be entitled to the same Rewards, and
be subject to the same regulations, Fines Forfeitures and Penal-
ties, any Thing therein contained to the contrary notwithstand-
ing: And the said Commissioners aboyenamed shall before the^



Digitized by VjOOQ IC



LAWS OF THE COLONY OE NEW YOBK. . B65

do any Thiag In consequence of their Appointment respectively

take an oatk before one of his Majesty's Justices of the Peace

for the said County who is hereby impowered and required to

administer the same in the Words following to wit. " L A. B. do

** swear that I will faithfully fairly and impartially execute the

** Powers given to me as a Commissioner of Highways by virtue of

** two Acts of the Legislature of this Colony, the one entitled,

^ An Act for the better clearing mending and further laying out

^ Public High Roads and others in the County of Ulster; and the

** other entitled, An Act to amend an Act entitled An Act for the

** better clearing mending and further laying out Public High

** Roads and others in the County of Ulster, in such Manner as

" shall appear to me to be most for the Public good so help me

** God." And if any of the said Commissioners shall die, remove

out of the place for which they are appointed, or refuse or neglect

to act in their OflBce, others shall be elected in their Room and

stead in the same Manner as in the aforesaid Act is directed.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That the Commissioners of the respective Towns and Pre-
cincts in the said County or the major Part of them shall if need-
ful at least Ten Days before their next -annual Town or Precinct
Meeting, and so annually, if they shall Judge the same necessary
by writing under their Hands to be lodged with the Town or
Precinct Clerk by him to be entered on the Town or Precinct
Book, divide their respective Towns and Precincts into as many
Disitricts as they shall Judge most equitable and convenient, and
for each of which Districts there shall be annually elected and
chosen by the Freeholders and Inhabitants of such Towns and
Precincts In the said County respectively an Overseer of the
Highways, who shall do the Duties and be subject to the same
Fines and Penalties for any Neglect or Refusal to Act or Mis-
conduct in his OflBce, as Overseers of Roads or Highways are by
the said Act, and to whom the Commissioners of the Towns and
Precincts respectively shall deliver a List ift Writing containing
the Names of all the Persons in such his District compellable to
work on the Public Roads or Highways: and in order that the
good purposes hereby intended may in no wise be evaded, but that
the same may be faithfully executed.

BE IT ALSO ENACTED, That the Overseer of each District
In said county so to be chosen shall keep a just and true Account
in writing, wherein he shall distinctly set down or mention all
such Persons as have commuted for and paid Money instead of



Digitized by VjOOQ IC



566 LAWS OP THE COLONY OF NEW YOBK.

working as aforesaid, and such as have been fined and the Sums
they were so respectively fined, and also those who shall have act-
ually worked on the Public Roads or Highways with the Number
of Days they have so worked, which said Account together witli
the said List, the said Overseer shall on or before the Determina-
tion of his Office deliver to one of the Commissioners of the Town
or Precinct to which he doth belong, and shall duly take an Oath



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 56 of 92)