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Van Slyck's, Wemple's and Fonda's islands, lying within the bounds of the said city.
may make the
XXIX. And be it further enacted, That it shall be The habilawful for the freeholders and inhabitants of the Third tants of the and Fourth Wards of the said city at their annual meetings, to make such regulations respecting those wards as the freeholders and inhabitants of the several towns in this state are allowed by law to make; Provided, Such regu lations be not contrary to or inconsistent with the powers vested in the corporation of the said city.
XXX. And be it further enacted, That all the unimproved wood lands within the limits and bounds of the lands to re patent of Schenectady, not heretofore lawfully granted main in com and conveyed, shall be and remain in common for timber and fuel for the use of the freeholders and inhabitants of the said city, and it shall not be lawful for the said mayor, aldermen and commonalty, or their successors, to demise, sell or convey any part of the last mentioned wood lands to any person whatsoever and every demise, sale and conveyance thereof by them shall be void.
act, a to be
XXXI. And be it further enacted, That this act shall Tis a public be a public act, and be construed in all courts and places favour bly benignly and favourably for every beneficial purpose there- expounded. in intended.
TENTH SESSION. CHAP. LXVI.
An ACT for the more effectual Punishment, of Persons who
shall be guilty of the Trespasses therein mentioned, in Have not the Cities of New-York, Albany and Hudson, and the Town, the fe citus Passed 24th March, 1787. competent
HEREAS evil minded persons have often broken, Preamble. taken down or carried away the glass lamps hung out or fixed up before the dwelling houses of many of the inhabitants, and in the streets of the city of New-York, to illuminate the streets aforesaid, in the night time, or have extinguished the lights therein, and have also been guilty of breaking glass windows, porches and knockers of doors in the said city, and in the cities of Albany and Hudson and township of Schenectady, and of committing other trespasses and enormities, injurious to the property of the inhabitants and to the disturbance of the peace in the said respective cities and township: For prevention whereof in future,
I. Be it enacted by the People of the State of New-York, Penalty on represented in Senate and Assembly, and it is hereby enacted perfons break by the authority of the same That if any person shall, after the passing of this act, wilfully break, take down or carry away any glass lamp alreally hung or fixed, or hereafter
to be so hung or fixed as aforesaid, in any of the streets of the said cities or township, or extinguish the lights therein, or be aiding or abetting in the same, or shall wilfully break or deface any glass window, porch, knocker or other fixture, in any of the said cities or township, and shall be thereof convicted before the mayor, recorder or any one of the aldermen of the said cities respectively, or before any justice of the peace residing in the township aforesaid, either by the confession of the party, or by the oath of one or more credible witness or witnesses, he or she, shall for every such offence, forfeit a sum not exceeding ten pounds lawful money of this state, to be recovered with costs, and levied by distress and sale of the goods and chattels of every such offender, by warrant under the hand and seal of such mayor, recorder alderman or justice before whom such offender shall be convicted; one moiety of which forfeiture when recovered to be paid to the treasurer or chamberlain of the said cities respectively, for the time being, to be applied for the purposes of providing new lamps in the room of such as shall be so taken out or carried away, and for repairing such of them as shall be broken or injured as aforesaid, and for the support and maintenance of the poor of such respective cities or township where such offences shall be committed; and the other moiety of such forfeiture to be paid to the person or persons who shall prosecute for the same to effect.
II. And be it further enacted by the authority aforesaid, That upon refusal of payment of such respective forfeiture or forfeitures, and want of sufficient distress whereon the same can be levied, it shall and may be lawful for such mayor, recorder, alderman or justice of the peace before whom such conviction or convictions shall take place, by warrant under his hand and seal, to commit every such offender, if convicted in the city of New-York, to the bridewell or house of employment of the said city, if convicted in the cities of Albany or Hudson, to the common gaol of the same cities respectively, and if convicted in the township of Schenectady aforesaid, to the common gaol of the city and county of Albany, there to remain without bail or mainprize for the space of two months, or until such forfeiture and costs are paid; and if any such offence shall be committed by any apprentice, servant or slave, such forfeiture shall be paid by his or her master, mistress or owner, or in default thereof such apprentice, servant or slave shall be committed to such bridewell or gaol in manner aforesaid.
III. And whereas the mischiefs aforesaid are generally committed in the night time when the offenders cannot be easily known; in order, therefore, to carry this act in to effect, Be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any sheriff, de
puty-sheriff, constable, marshal of watchman of the said cities and township aforesaid, who shall see any person commit any of the mischiefs or trespasses in either of the cities or the township aforesaid, if such person or persons shall be unknown to such sheriff, deputy-sheriff, constable, marshal or watchman, to seize, secure and detain such offender so unknown to him as aforesaid until he can discover the name of such offender, or until the next morning, if the offence shall be committed in the night time and the offender shall refuse to discover his or her name, when such offender shall be brought before the mayor, recorder or one of the aldermen of the said cities respectively, or justice of the peace residing in the township aforesaid, who on conviction of such offender, shall proceed against him or her in the manner herein before directed; And further, In case any person shall commit any or either of the offences aforesaid in the presence of any such sheriff, deputy-sheriff, constable, marshai or watchman, that then every such sheriff, deputy-sheriff, constable, marshal or watchman shall forthwith give information thereof to such mayor, recorder, alderman or justice of the peace, in order that such offender may be convicted thereof and punished in manner and form as by this act is directed.
This act no bar to fuits
IV. And be it further enacted by the authority aforesaid, That this act, or any thing herein contained, shall not bar or preclude any person or persons from recovering his, her or their damages against any other person or persons who shall be guilty of any of the mischiefs or trespasses aforesaid, but that the same may be recovered in the same manner as if this act had never been passed. ·V. And be it further enacted by the authority aforesaid, who are to That every person who shall or may be present when any be of the mischiefs or trespasses in this act mentioned shall be committed, shall be deemed to be guilty thereof, and be subject to the penalties inflicted by this act, although he or she shall not be aiding, abetting or assisting therein, unless such person shall give evidence whereby to convict the person or persons really guilty thereof, or unless he or she shall declare upon oath that he or she came there accidentally, and that he or she doth not know who the offender or offenders is or are.
VI. And for the more easy discovery and detection of Informer not such offenders, Be it further enacted by the authority aforesaid, That if two or more persons shall have been jointly concerned in committing any of the offences aforesaid, and one or more of them (not being before informed against) shall within the space of one month after the offence committed inform against any or all the other or others concerned in the same offence, so as to convict him, her or them, the person so informing shall not be liable
to the payment of the forfeiture herein before mentioned, but shall, notwithstanding his or her offence, be entitled to the reward herein before allowed to informers, any thing herein before contained to the contrary thereof in any wise notwithstanding,
FOURTEENTH SESSION. CHAP. IX.
An ACT for the Preservation of Heath-Hens and other Game.
Lining heath Bretresented in Senate and Assembly, and it is here
E it by the the State of New-York,
certain coun- by enacted by the authority of the same, That if any person or persons shall kill any heath-hen within the county of Suffolk or Queens, or shall kill any partridge, quail or woodcock within the county of Queens or Kings, or within the city and county of New-York, within the times herein after mentioned, That is to say, with respect to heathhens, partridge and quail, between the first day of April and the fifth day of October, and with respect to woodcock, between the twentieth day of February and the first day of July in any year after the passing of this act (includ ing nevertheless the present year) every such person or persons shall for every such offence, forfeit and pay the following sums, that is to say: For every heath-hen or partridge so killed, the sum of twenty shillings, and for every quail or woodcock so killed as aforesaid, the sum of five shillings, to be recovered with costs of suit by any person or persons who shall sue for the same, before any justice of the peace in either of the said counties who is hereby authorized and directed to hear and determine the same; the one half of which forfeiture, when recovered, shall be paid to the person or persons who shall sue for the same, and the other half to the overseers of the poor where the conviction shall be had; and if any heath-hen, partridge, quail or woodcock so killed as aforesaid shall be found in the possession of any person or persons, such person or persons shall be deemed guilty of the offence and suffer the penalty aforesaid; Provided always, That no person or persons shall be convicted upon this act, unless the suit shall be commenced within three months after the offence committed.
How recovered & applied,
II. And be it further enacted by the authority aforesaid, That all former acts and laws concerning heath-hens, shall be and hereby are repealed.
NINETEENTH SESSION. CHAP. LII.
An ACT relative to the common and undivided Lands and
Passed the 8th of April, 1796.
HEREAS the proprietors of the common and un- Preamble. divided land and meadows in Southold, by their
petition to the legislature have requested legislative aid to enable them more advantageously to improve their said lands and meadows: Therefore,
to make regum
I. Be it enacted by the People of the State of New-York, Proprietors represented in Senate and Assembly, That it shall and may fans, be lawful for the said proprietors to meet on the second Tuesday in April next, at the house of Moses Case, in Southold aforesaid, and annually thereafter on the second Tuesday in April, at such place as a majority of them shall direct, and at every such meeting the said proprietors, or a majority of them who shall be present, may make such prudential rules and regulations for the better improving and managing their said common and undivided lands and meadows as they shall judge proper, which, rules and regulations shall be entered in a book to be provided for that purpose by a clerk to be chosen at every such meeting.
II. And be it further enacted, That the said proprietors And elect at every such meeting may elect three trustees to have the superintendence and management of their said lands and meadows, according to such rules and regulations as aforesaid to be made at such meetings.
III. And be it further enacted, That the said trustees or Powers of the a majority of them, or of the survivors of them, may sue for and recover for the use of the said proprietors, all such penalties as shall be made for the breach of the said rules and regulations so to be made as aforesaid; Provided always, That no penalty for any one offence shall exceed the sum of three pounds.
ers of the
IV. And be it further enacted, That the said trustees Further powmay call a special meeting of the said proprietors when- fame. ever they shall judge the same to be necessary, by advertising the same at three different meeting-houses in Southold aforesaid six days previous to the meeting, and the proceedings of such meeting shall be as good and valid as if they were done at the annual stated meetings as aforesaid.
V. And be it further enacted, That the votes of the said votes how to proprietors at any such meeting as aforesaid, shall be be counted. counted according to the number of rights owned by each proprietor who shall vote at such meeting,