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 57 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 57 of 92)
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before such Commissioner, who is hereby impowered to administer
the game in the W^ords following, to wit. " L A JB. do declare (or if
"a Quaker affirm) that this Account now delivered by me con-
" tains the Names of all the Persons within my District who by,
" Law are compellable to work on Highways as far as have come
" to my knowledge and that each Person therein named (except
" such as are mentioned to have commuted for and paid Money.
" instead of working or have been fined,) has worked himself or
" by a Man or Team in his stead since the Day I was last elected
" into the Office of an Overseer of the Roads or Highways the
" Number of Days in this Account particularly mentioned, and as
" nearly as I could well compute eight Hours in each Day, and I
" have laid out and disposed of agreeable to Law the Monies by,
" me received from such Persons as are therein mentioned to have
'* been fined, and from those who have commuted for and paid
" Money instead of working; together with all such other Sums as
" have come to my Hands for the purpose of improving of the
" Roads, or erecting of Bridges within my District, the Ballance
" mentioned in this Account (if any there be) only excepted,
" fairly honestly and impartially according to the best of my
" Skill and knowledge so help me God,*' which Account so sworn
to the said Commissioner shall file with the Town or Precinct
Clerk, and the said Overseer shall pay the Ballance mentioned in
the said Account (if any,) to his Successor in Office to be expended
in the Course of the next Year.

AND WHEREAS the Monies that may arise by Fines and
from Persons commuting for and paying Money instead of work-
ing may not be sufficient for purchasing Materials and other
Necessaries for erecting and building Bridges and in making
such Improvements on the Public Roads as are absolutely neces-
sary, and yet cannot be well accomplished in the ordinary way
of working thereon.

BE IT THEREFORE ENACTED by the same Authority,
That if the major Part of the Commissioners of any Town or
Precinct in the said County shall judge it necessary to raise a



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LAWS OF THE COLONY OF NEW. YORK. B«

further Annual Sum, for the Purposes aforesaid, they shall in
that Case meet together annually, and agree upon the Sum
necessary to be so raised for that year, and shall deliver a Cer-
tificate of such Sum so agreed upon in writing subscribed with
their iNTames to the Supervisor of such Town or Precinct, which
Supervisor shall lay the same before the Supervisors of the
County at their next annual Meeting for raising the contingent
Charges of the said County, who shall and are hereby required
to order the raising and collecting of that Sum of and from the
Freeholders and Inhabitants of such Town or Precinct in the
same Manner and after the same Rate that the contingent
Charges of the County are raised: which Sum as soon as the
Collector shall have collected the same, he shall and is hereby
required to pay into the Hands of the Clerk of the Town or
Precinct in which it was levied, to be by him paid to the Over-
seer or Overseers of the Public Roads or Highways for said
Town or Precinct on an Order or Orders under the Hands of
the major Part of the Commissioners being produced and deliv-
ered to him for that purpose. PROVIDED ALWAYS that the
annual Sum so agreed upon to be raised shall not exceed a
Sum equal to the Amount of two Shillings for each Freeholder
and Housekeeper residing in such Town or Precinct which Sum
or Sums shall be laid out and expended in the said Town or
Precinct in the same Manner and for the like purposes that
Fines are directed to be applied by virtue of this Act.

AND BE IT FURTHER ENACTED by the same Authority,
That the Act entitled, "An Act for the better laying out, regu-
** lating and keeping in Repair the common and publio High-
" ways in such Precincts in the County of Ulster as is therein
" mentioned", passed the twenty seventh Day of January one
thousand seven hundred and seventy, shall be and is hereby
repealed.

PROVIDED ALWAYS AND BE IT FURTHER ENACTED
by the same Authority, That if there shall be any Money re-
maining in the Hands of any of the Clerks of Precincts or Over-
seers of the Highways which was raised by virtue of the Act
last mentioned it shall be laid out and expended for the pur-
poses therein expressed, any Thing herein contained to the con-
trary notwithstanding.

This Act to be in force from the passing thereof until the first
Day of January one thousand seven hundred and seventy six.



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B68 LAWS OF THE COLONY OF NEW YORE.



[CHAPTER 1618.]
[Chapter 1618. of Van Schaack, where the act Is printed In fnILl

An Act for the more equal Taxation of
Estates, and providing for Deficiencies in tke
laxes of the County of West-Chester.

[Passed. March 8, 177S.1

WHEREAS it often happens by the removal of some persona
out of the Manors, Townships and Districts in which they were
assessed and taxed before the same Tax has been collected, and
by the poverty of some others, that their proportion of the Taxes
of the Manor Township or Districts in which they lived cannot
be collected, and by the Misconduct of the Collectors who some-
times apply the Monies or Part thereof to their Own use, and
are unable to replace the same, that the Taxes or part of the
Taxes of some of the Manors, Townships or Districts in the
said County of West Chester are in Arrear and unpaid to the great
Injury of the Inhabitants of the said County in general, for
R^jmedy whereof.

BE IT ENACTED by his Excellency the Governor ihe Council
and the General Assembly, and it is hereby enacted by the Au-
thority of the same. That in all Cases where there has or may
happen any Deficiencies in the Taxes of any of the Manors,
Townships or Districts in the said County of West Chester for
the Space of six Months after the same ought to have been paid
unto the Treasurer of the said County then and in such Case
the Supervisors 'of the said County shall be and hereby are fully
authorized impowered and required to add in the next succeed-
ing Tax or Rate of the same nature to the Quota or Assessment
of such Manor, Township or District respectively as do and
shall appear to be so in arrear of former Taxes or Rates as afore-
said, so much as their respective Deficiencies shall amount to
which being so added to the said Quota is to be collected there-
with and paid in the same manner and to the same use and uses
as in the original Tax or Rate is or shall be directed: And as
much as may be to remedy the Inconvenience arising from the
misconduct of the several Assessors and Collectors in the said
County.

BE IT FURTHER ENACTED by the Authority aforesaid
That the several Assessors for the said County shall within ten
Days after they are respectively elected and before they enter



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LAWS OF THE COLONY OP NEW YORK. '' 669

I

upon their Business as Assessors, take the following Oath before
any one Justice of the Peace for the said County, who are hereby
fully authorized and impowered to adnainister the same. Vizt:
"That they shall well and truly execute the OflBce of an As-
" sessor and well and truly equally impartially and in due pro-
"portion assess and rate the Estate real and personal of the
« Freeholders and Inhabitants within their several and respec-
" tive Districts according to the best of their Skill and knowl-
" edge, and therein shall spare no person for favour or affection,
"or grieve any Person for Hatred or ill will," of which Oath
the said Justice shall give a Certificate to be filed with the Clerk
of the County.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the respective Collectors for the said County shall
before they respectively enter upon the Execution of their Office
give Bond with one security at least (to the supervisor of the
Manor Township or District for which he shall be chosen col-
lector and his successors in Office) in a penalty which shall be
double the Sum to be collected by the said Collector, which Bond
shall be conditioned for the faithful Execution of the said Collec-
tor's Office in every respect, and for the payment of the Monies to
be raised within the said District or such part thereof as can be
collected to the County Treasurer by a Day certain in the said
Bond to be mentioned, which Bond or Bonds so to be given to
the supervisor of any particular Manor Town or District and to
his Successors in Office shall and is hereby declared to be a good
Bond in Law and shall and may be either put in suit in the Name
of the supervisor who took the same or in the Name of bis suc-
cessor in Office for the Benefit of the Manor, Township or Dis-
trict for which he shall be chosen as aforesaid any Law Usage
or Custom to the contrary in any wise notwithstanding: and that
this Act may be duly observed and complied with.

BE IT FURTHER ENACTED by the Authority aforesaid.
That the Supervisor and Supervisors Assessor and Assessors
as well as the Collector and Collectors for the said County of
Westchester shall be and hereby are strictly charged and en-
joined to comply with the Directions of this Act, and in Default
thereof, they and each of thorn respectively shall be subject and
liable to the same Fines and Penalties as in such Cases are pro-
vided by the several Acts by virtue of which any former Taxes
or Bates have been laid Assessed and collected.
72



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670 LAWS OP THE COLONY OF NEW YOEK.



[CHAPTE» 1619.]

[Chapter 1619, of Van Schaack, where the act Is printed in fulL Bern
chapters 801, 1672 and 1458.]

An Act for the better regulating and keep-
ing in repair the Public Roads in the Borough
and Town of West-Chester, and to levy Money
to defray the Expence thereof.

[Passed, March 8, 1T73.1

* WHEREAS the several Laws which relate to the repairing of
the Highways have been found insuflBcient for that purpose in the
Borough and Town of West Chester.

BE IT THEREFORE ENACTED by his Excellency the Got-
eriior the Council and the General Assembly, and it is hereby
enacted by the Authority of the same, That for and during the
space of three years from and after the first Day (>f March which
will be in the Year of our Lord one thousand seven hundred and
seventy three, and to the End of the next Session o£ the General
Assembly thereafter, the Mayor and other Members of the Cor-
l)oration of the said Borough and Town for the Time being shall
have full power and lawful Authority to raise and levy from the
Freeholders and Inhabitants of the same Borough and Town the
annual Sum of one hundred and ten pounds in such Manner as
the Corporation of the said Borough and Town, or the Majority
thereof shall at their Common Council think proi)er^ which
Sum shall be received by the Mayor of the said Corporation; and
the said Sum when so raised, the said Mayor shall yearly and
every Year pay into the Hands of Lewis Graham Esquire, on
every last Monday in April, for the use and purpose of mending
and repairing, first the Post Road, and then other the Highways
and Bridges withJa the Limits of the said Borough and Town
excepting the Bridge called Queens Bridge between West'
Chester and New York.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That if any of the said Freeholders or Inhabitants shall
refuse to pay the proportion to him or them in manner aforesaid
Allotted of the said Sum, the said Mayor shall issue his Warrant
in Writing to the Serjeant of the Mace of the said Borough to dis-
train the Goods and Chattels of such Person or Persons as shall
so refuse, and to sell the same at public Auction for the payment



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LAWS OF THE COLONY OP NEW YORK. , 671

* I

\

of aaid proportion, returning the Overplus If any there be to
the Owner or Owners thereof after deducting thereout the legal
Charges.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That every Member of the said Corporation who shall
refuse or neglect to assist in raising the said Bum shall forfeit
the Sum of twenty Pounds to be recovered by the said Lewis
Graham by Action of Debt in any Court of Record with Costs of
suit, one half of which shall be applied to the Repairs of the
Roads in the said Borough: And if the said Mayor for the Time
being shall refuse to pay on the said last Monday in April into
the Hands of him the said Lewis Oraham the said sum of one
hundred and ten pounds; the said Lewis Graham shall prosecute
an Action of Debt against the said Mayor in any Court of Record
within this Colony, and shall recover against him the Sum of one
hundred and twenty Pounds together with the Costs of Suit;
sixty Pounds whereof to be to the use of him the said Lewis
Graham and the remainder to be for the uses and purposes above-
mentioned.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the said Lewis Graham upon the Receipt of the said
annual Sum of one hundred and ten pounds shall use and employ
one hundred Pounds thereof yearly and every Year during the
continuance Cf this Act in the mending and repairing of the
Highways and Bridges abovementioned and in removing all Nui-
sances which shall be in the same, and shall retain the remaining
ton Pounds for his Trouble.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That the said Lewis Graham upon the Receipt of the said
every Year deliver in upon his Corporal Oath unto the said
Corporation at their Common Council aforesaid a just true and
particular Account of the Manner in which the said Sum of one
hundred Pounds hath been expended, and in Default thereof,
or if the said Sum hath not been expended for the purposes
aforesaid, then the said Corporation shall prosecute an Action
of Debt against him the said Lewis Graham in any Court of
Record within this Colony, and recover thereon the Bum of one
hundred Pounds to the use of the said Corporation in the mend-
ing and repairing the Highways and Bridges aforesaid with the
Costs of such Suit.

AND BE IT FURTHER ENACTED by the Authority afore-
said. That if any Person or Persons shall leave the Carcass of



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673 LAWS OF THE COLONY OP NEW TOBK.

any dead Beast, or any broken Carriage on any of the Bridges
or Highways within the Limits of the said Borough for any
longer Time than is necessary for the Removal of the same,
shall for every such Offence forfeit the Sum of twenty shillings
to be recovered by the said Lewis Graham by Action of Debt
with Costs of Suit, in a Summary way, before any one of the
Aldermen of the said Borough, and to be employed and laid
out by the said Lewis Graham in the repairing and improving
the said Highways and Bridges: And if any Person or Persons
shall make or burn any Lime Kilns or Coal Kilns upon the said
Highways or shall plow up or paie off and remove the Soil of
any Highway for the purposes of Manure or sodding Land or
any other, but repairing the Road, shall for eveiy such Offence
forfeit the Sum of twenty shillings to be recovered paid and
applied as aforesaid.

j AND BE IT FURTHER ENACTED by the Authority afore-
said. That the Owner or Owners of any dead Beast or other
Nuisance placed or left on any of the said Highways or Roads,
shall be deemed to have placed or left the same thereon, unless
such Owner or Owners do upon Oath deny his or their knowl-
edge of the Existence of such Nuisances, before one of the
Magistrates of the said Corporation, or prove who is the true
Author thereof, to the satisfaction of such Magistrates.
I AND BE IT ENACTED by the Authority aforesaid. That
In case the said Lewis Graham who is hereby appointed Com-
missioner of the Highways for the said Borough as aforesaid,
shall die or refuse to serve, or remove from the said Borough
the Mayor, Aldermen and Common Council or the Major Part of
them shall nominate and appoint some other sufficient Free-
holder to act in his stead, who shall be invested with the same
powers herein before given to the said Lewis Graham, and liable
to the same Penalties.

! AND BE IT ENACTED by the Authority aforesaid. That
the said Lewis Graham or any Commissioner hereafter to be
appointed by virtue of this Act shall be and hereby is obliged
upon Information being given by any two Freeholders in the
aforesaid Borough within six Days after such Information to
mend and repair every Highway Bridge and Causeway, (except
as is above excepted) which shall be either washed away dam-
aged or broken; and in Case the abovementioned Lewis Graham
or the Commissioner for the Time being, shall refuse or neglect
after the abovementioned Information being given to amend



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LAWS OP THE COLONY OF NEW YORK. 673

and repair the suid Highways Causeways and Bridges, he shall
for every Neglect forfeit the sum of forty Shillings to be re-
covered by the Person or Persons who shall prosecute or sue
for the same by Action of Debt before any Alderman of said
Borough in Manner as aforesaid, and in Case the above Sum
of one hundred Pounds shall not be sufficient to answer the
above mentioned purposes.

BE IT ENACTED by the Authority aforesaid, That the
Mayor of the said Borough as aforesaid shall have full Power
and lawful Authority as aforesaid to raise and levy upon the
Freeholders and Inhabitants of the said Coroporation annually,
in Manner aforesaid such further sum as shall be thought
necessary for the purposes aforesaid, not exceeding the sum ot
twenty Pounds.

AND BE IT FURTHER ENACTED by the Authority afore-
said, That all former Acts heretofore passed for keeping in
repair the Public Highways as far as they relate to the Borough
and Town of West Chester shall be and hereby are repealed, j

[CHAPTER 1620.]

[Chapter 1620, of Van Schaack, where the act is Drinted in fulL See
chapter 1557.]

^n Act to repeal an Act entitled "An Act
''to prevent Infectious Distempers in the
** Counties therein mentioned," so far as it re-
'Mates to the Borough and Town of West
Chester and Manor of Philipsborough.

[Passed, March 8, 1773.1 '

r WHEREAS the Act entitled, "An Act to prevent Infectious
*' Distemper* in the Counties therein mentioned," has been
found inconvenient in the Borough and Town of West Chester,
and the Manor of Philipsborough, and is judged by the Inhabit*
ants thereof to have a bad Tendancy. '

BE IT THEREFORE ENACTED by his Excellency the Gov-
ernor the Council and the General Assembly, and it is hereby
enacted by the Authority of the same. That every Clause and
part of the aforesaid Act is repealed so far as the same relates
to the Borough and Town of West Chester and the Manor of
Philipsborough any Thing in the said Act to the contrary noti
.withstanding.



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674 lAWS OF THE COLONY OF NEW YOBK,

i

[CHAPTER 1621.]

I [Chapter 1621, of Van Schaack. where the act is printed In fnlL Th#
acts hereby repealed are chapter 905 (so far as it relates to Richmond)
and chapter 1267.]

!A.'n Act for the better laying out regulat-
ing and keeping in repair common and publio
Highways in Richmond County.

[Passed, March 8, 1T73.1

iWHEREAS Nothing contributes more to the Ease and Ad-
vantage of the Inhabitants, than the well regulating, laying out
and keeping in Repair Public Highways. BE IT THEREFORE
ENACTED by his Excellency the Goyernor the Council and the
General Assembly and it is hereby enacted by the Authority of
the same. That from and after the passing hereof the Free-
holders and Inhabitants of the County of Richmond shall be
and are hereby authorized at their annual Town Meetings for
electing Town Officers to choose and elect at the same Time
two Freeholders in each Manor precinct or Division to be Com-
missioners for laying out and regulating Highways, and also
as many Freeholders in each Manor and precinct as the majority
of the people shall think necessary, to be Surveyor and Overseer
thereof for the Mending repairing and keeping in order the sev-
eral Highways in the respective precinct and Divisions for which
they shall be elected and chosen in manner as aforesaid and
the person or persons so chosen and elected as well those who
are to regulate and lay out Highways as those who are to be
Overseers and Surveyors thereof, are hereby required to take
the several Offices upon them, and in Case of the Death or Re-
moval of any of the Commissioners or Overseers aforesaid, it
shall and may be lawful for two Justices of the Peace living
in the Precinct and in Case there should be but one, then the
next Justice to the said Precinct in conjunction with the Jus-
tice of the Precinct to appoint some fit person to execute the
Office of Commissioner or Overseer as the Case may require un-
til a new Election shall be made at the Time or Times bef oremen-
tioned, and every such Commissioner or Overseer so appointed
as aforesaid shall have the same powers, and be liable to the
same Penalties as if chosen and Appointed by this Act.

AND BE IT ENACTED by the Authority aforesaid, That the
Commissioners chosen in each precinct or Manor as aXoresaid



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LAWS OP THE COLONY OP NEW YORK. 675

Joined with one Commissioner out of each of the other respective
Precincts of said County are hereby impowered and authorized
to lay out all such Public Roads or Highways as they or the major
Part of them shall think necessary and also take a view of the
Roads already laid out, and if any of them shall appear incon-
venient, and in their Opinion an Alteration absolutely necessary,
may alter the same, and lay out such other Public Highways as
they or the major Part of them shall think convenient, and if they
find upon view any of the above Roads are lessened or blocked up,
they the said Commissioners or the major Part of them shall have
power and are hereby authorized to open the same to such widths
as they shall think proper not exceeding four Rods nor less than
two, and if any of the Roads lessened or blocked up as aforesaid
shall run between two persons Lands and a Dispute arise which
of them hath encroached upon the Road the said Commissioners
shall hear all the Allegations and Proofs on both Sides of the
Question, and after mature Deliberation give their Judgment
thereon as they or the major Part of them shall think equitable
and just being first Sworn in the words following vizt: "You
" will well and truly try this Matter in Dispute between A B. and
" C D. respecting the Road running between them, and give a true
" Judgment thereon according to Evidence, so help you God," and
shall open and lay out the said Highways agreeable thereto, and
when any Roads so opened as aforesaid shall take away Land
from any Person or Persons which were actually measured to him
or them as part of their Land purchased, the possessor of such
Lands shall have his Remedy against the Person or Persons they
respectively purchased from. PROVIDED ALWAYS, That
Nothing in this Act shall extend or be construed to impower the
Commissioners aforesaid to lay out any Road through any Per-
son's Lands or Meadows without the Consent of the Owner or
Owners thereof, or paying to him or them the true Value of the
Lands so to be laid out into a Highway or Road with such
Damages as he shall sustain thereby, and in Case of Public High-
ways or Roads if any Dispute shall arise respecting the Value of
the Land or the Necessity of laying said Road in that Case the
said Commissioners shall deliver all their proceedings signed by
themselves or the Majority of them to the Supervisors at their
next Meeting thereafter, who after examining the same and hear-
ing the Objections shall have it in their power to approve or re-
ject the same, as it shall appear to them or the major Part of them
to be reasonable or Necessary and shall likewise have power to



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57a LAWS OF THE COLONY OP NEW YOKE.

agree with tlie Owner or Owners for the yalue of the Land and
Damages, and if it shall happen that the Supervisors shall be
equally divided in their Opinion, so that no Majority appears,
then and in that Case they shall call to their Assistance the Treas-
urer of the said County, who agreeing with either Side shall
determine, and if the same be approved and confirmed, the said
Supervisors shall Cause the same with all their proceedings
thereon to be entered in the County Records, and the Clerk is
hereby directed and required to enter the same, and the Super-
visors shall then endeavor to agree with the Owners of the Lands
respecting the Value thereof, and the Amount of Damages, and
if they cannot agree, the same shall then be determined, and the
true Value set and appraised by the Oath of twelve principal



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 57 of 92)