Tioga county to be divided into two jury diftricts. Daty of the clerk of faid County. Jurors for the in certain be taken. TWENTY-FOURTH SESSION. CHAP. XCIX. An ACT to divide the County of Tioga into Jury Districts. I. BE E it enacted by the People of the State of New-York, represented in Senate and Assembly, That the judges and assistant justices in the county of Tioga shall at their next term of the court of common pleas to be holden in and for the said county, on the first Tuesday of May next, divide the said county into two districts, as nearly equal as may be convenient, and shall cause the said division to be entered on the minutes of said court, which entry shall designate each of said districes. II. And be it further enacted, That the clerk of said county, shall immediately after the division of the said county in manner aforesaid, provide four jury boxes for said county, and shall mark on two of said boxes the name of one of the said districts, and on the remaining boxes the name of the other of the said districts; and it shall be the duty of the said clerk to put the slips of paper containing the names of persons residing in each of the said districts, who are or shall be returned to him in pursuance of the act, entitled An act for regulating trials of issues and for returning able and sufficient jurors, into one of the boxes belonging to the district in which such persons shall severally reside. III. And be it further enacted, That jurors for the trial trial of iffues of issues in the circuit court, court of oyer and terminer courts how to and gaol delivery, and court of common pleas and general sessions of the peace to be held in and for said county of Tioga, at any time after the first Tuesday of May next, shall be taken from one of the jury boxes belonging to the district in which either of the said courts is then next to be held, in the manner directed in and by the act herein recited, and as if each of the said districts were separate and distinct counties, any thing in the said act to the contrary notwithstanding. Courts in faid be IV. And be it further enacted, That it shall be lawful County where for the courts of common pleas and general sessions of the peace for the county of Tioga, to hold the said courts at a house about to be erected for that purpose at Chenango-point, in the town of Chenango, in the said county of Tioga, instead of the house of Joshua Whitney in the town of Union, and at the court-house at Newtown alternately. 2 CHA P. CIX. An ACT to preserve the Grass and Timber on certain I. Passed 2d of April, 1801. E it enacted by the People of the State of New-York, Penalty on 1. Assembly, any fet ting timber person shall set fire to or burn the old grass, or cut grafs or cut- come the pro perty of the perfon who Penalty on es and neat thereon. hours fuch fold. II. And be it further enacted, That if any horses or neat cattle shall be found on the aforesaid beach or islands, the owner or owners thereof shall forfeit and pay to any per son who shall take and keep the same five dollars for each horse or neat beast so found; and in case no person shall if not paid appear and pay the said sum within forty-eight hours after within 48 such horses or neat cattle shall be so taken, the person tak- horfes and ing the same shall advertise them in two or more public cattle to be places in the town of Brookhaven at least six days, and at the expiration thereof, shall sell the same at public vendue, and out of the monies arising therefrom may retain in his hands five dollars with the costs not exceeding seventy-five cents, and shall return the overplus money, if any there be, to the owner or owners thereof; Provided, ProvifoThat nothing in this act contained shall be construed so as to prevent any person or persons from carrying on, using and feeding so many oxen and horses on the said beach or islands as shall be necessary for carting and stacking their hay during the proper season of getting and securing thereof. CH A P. CXI. An ACT to regulate Highways in the Counties of Suffolk, .1. Passed 2d April, 1801. Y E it enacted by the People of the State of New-York, Commiffion com, ers of high Suffolk, to regulatio as to ot Country missioners of the highways, to be elected or appointed counties of in each of the several towns in the counties of Suffolk, and Queens Kings and Queens, are hereby authorized to regulate the regulate roads already laid out, and to lay out such other public roads. 1 roads be not laid out over perry qwner. roads in their respective towns as to them or the major part of them shall seem necessary and convenient, and if need be from time to time to take a view of the roads before laid out in their respective towns, and to alter such of the said roads as shall appear to be inconvenient, in such manner as they or the major part of them shall think proper, as well for travellers as for the inhabitants of such town and the adjacent towns, and to close such roads in the respective towns as shall appear to them, or the Provifo, that major part of them, to be unnecessary; Provided always, That it shall not be lawful for the said commissioners, or any of them, to lay out any road through any person's fatisfying the land, without either the consent of the owner thereof or paying him the true value of the land so laid out into a highway or road, with such damages as he shall sustain thereby; and if any dispute shall arise concerning the value of the land or damages, the same shall be determined and the true value and damages set and appraised by two jusices of the peace of the county, by the oath of twelve freeholders of the county not having any interest in the land about which such dispute shall arise, the said freeholders to be summoned by the sheriff by virtue of a warrant to be issued by the sad two justices for that purpose; and in all cases of public highways so laid out or altered as aforesaid, the value of the lands and damages together with the charges of the commissioners, and the charges of summoning the jury and of their verdict, and of the whole proceedings had thereon, shall be raised in the town where such highway shall be laid out, and be levied and paid in like manner as the other contingent charges of the county, and the highways so laid out shall be a common and public highway; but if the road so laid out or altered be for the private use and benefit of the expenfe of any particular person or persons, then the value of the accommodat land, damages and charges foresaid shall be paid by the person or persons who desire the same to be laid out or altered, and such road shall be for the only proper use of such person and persons and his and their heirs and assigns who shall pay for the same, but the person through whose land such road shall be laid out, his heirs or assigns, shall not be debarred from crossing or using the same road. Roads for private ufe to be laid out at the individual ed. Commission property, and the owners thereof. II. And be it further enacted, That where any road hath ers authorifed been laid out contiguous to or through any person's land over private in any town in either of the said counties, and it shall apto agree with pear to the commissioners of the same town, or the major part of them, that another road may be laid out through the same person's land that would be more convenient as well for travellers as for the inhabitants of the same town, it shall and may be lawful for the said commissioners, or the major part of them, to agree with the owner or pro per. prietor of the same lands concerning the same, and to or altered to be recorded. III. And be it further enacted, That the commissioners Commiffion. of every town in the said counties shall from time to the roads by time enter in writing all the highways and roads by them them faid our laid out, approved of, altered or closed and subscribe the same in writing and cause it to be recorded in the town records or in the county records, and the several clerks are hereby required to record the same, and whatsoever the said commissioners shall do according to the powers given them by this act being so recorded shall be valid to every purpose. swinging gates on what whom to be roads and by erected. IV. And be it further enacted, That all public high- width of the ways to be laid out by virtue of this act in either of the roads. said counties, shall not be less than three rods wide, and that all roads to be laid out at the frequest and for the use and benefit of any particular person or persons shall not be less than twenty feet, nor exceed two rods in breadth. V. And be it further enacted, That where any road from any town or village or plantation in either of the said counties to any landing place, fill or meadow, shall run through any person's land, it shall be lawful for such person or persons by the approbation of the commissioners of such town, to place and han gcod easy swinging gates on such roads and keep them in good repair at his and their own proper costs; but no roads leading into or out of any commons, where the cattle belonging to any town or village usually pass to and from such commons, shall be obstructed by any swinging gates or otherwise, without the consent of the inhabitants of the said town or village, or the major part of them, and the several gates already standing and allowed may be approved and continued or altered or removed as the commissioners shall from time to time judge most convenient, and all such roads shall be amended and maintained by the inhabitants of the place where such roads may run Penalty for altering or VI. And be it further enacted, That if any person shall alter, close, lessen or obstruct any highway or road already obftructing laid out, or hereafter to be laid out according to law, in highways. either of the said counties, without the consent of the commissioners, every such person shall for every such offence forfeit the sum of five dollars, to be recovered with costs How recover ed & applied. before any justice of the peace upon the oath of any one credible witness, and levied of the goods and chattels of the offender by warrant from sach justice, directed to the constable of the town or place where such offence is comZ VOL. II, Compenfation of the commiflioners. Roads in thefe counties by whom and in Penalty for refufal and how levied. mitted, and the constable shall pay the said forfeiture and costs to such justice, who shall pay the said forfeiture to the overseer of the highways of the place where the offence is committed, to be by him applied towards repairing the public highways in his district. VII. And be it further enacted, That each commissioner in each of the said counties shall have as a reward for his care and trouble, for every Hay he shall be employed in laying out or regulating highways and roads in the town for which he shall be chosen pr appointed, the sum of seventy-five cents, and the commissioners of each town shall transmit their accounts to the supervisors of the county, who shall cause the sums they shall find to be due to the said commissioners, except in cases where they are to be paid by particular persons, to be raised in the town where they were chosen or appointed commissioners, together with the necessary and contingent charges of the county, and to be paid to the said commissioners. VIII. And be it further enacted, That the freeholders and inhabitants of each town in the said counties shall what manner clear, amend, repair and maintain the highways in the to be repaired. same town, and that every free male inhabitant, being above the age of twenty one years, shall either in person or by an able and sufficient man in his room, be obliged to work upon the highways in the district or place where he shall reside, as often as he overseer of the highways of the same district or place shall direct, not exceeding six days in one year, and shall work faithfully at least eight hours in each day, and shall bring with him such team and such implements for the purpose as the said overseer of the highways shall from time to time direct and appoint; and if any person shall refuse or neglect to work upon the highways asaforesaid, he shall forfeit and pay to the overseer of the highways of the district or place where he shall reside nine cents for every hour he shall so refuse or neglect to work, and if the said penalty is not paid within six days after the same shall be incurred, it shall be levied with fifty cents costs by a warrant under the hand and seal of the said overseer of the highways, directed to one of the constables of the town where the neglect or refusal happens, and such constable shall levy the same by distress and sale of the goods and chattels of the offender, and pay the said penalty to the said overseer of the highways, with twelve and an half cents for the said warrant, and retain the other thirty-seven and an half cents for his fees, and the said penalty shall be applied by the said overseer of the highways towards amending and repairing the highways in the district; Provided always, That all male slaves in the county of Suffolk, above the of sixteen age and under the age of sixty years, years shall be obliged to work on the highways in the district Slaves in Suf folk to work on high ways. . |
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