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leave in any of them any unnecessary obstruction, without leave of the said commissioners, or if any person shall leave the carcase of any beast or any broken carriage in any road or highway for any longer time than may be necessary to remove the same, every such person shall for every such offence forfeit and pay to the overseers of the highways of the district where the offence shall be comHow recover; mitted the sum of five dollars, to be recovered by the said ed and applied overseer of the highways, with costs of suit before any justice of the peace, upon the ath of any one credible witness, and levied by warrant from any justice of the peace, directed to the constable of the town where such offence is committed, by distress of the goods and chattels of the offender; and the said constable, after six days notice shall be given by him of the time and place of sale, shall make sale thereof, and out of the product of such sale pay the said forfeiture and charges and return the overplus, if any there be, to the owner thereof, which said forfeiture of five dollars shall be applied by the overseer of the highways towards repairing the public roads or highways within the town where such forfeiture shall arise.

Width of roads.

Roads how

to

XX. And be it further enacted, That all common public roads or highways which shall be hereafter laid out by the aforesaid commissioners in the said county of Richmond, shall not exceed three rods in breadth, nor be less than two, and where any private road for the particular use and benefit of any person as aforesaid shall be laid out through the land or meadow of any person, it shall not exceed the breadth of twenty feet.

XXI. And be it further ented, That the inhabitants and by whom of the towns in the said county of Richmond in which and repaired. any public roads or highways, do run, or shall be hereafter ascertained or laid out, shell clear and maintain the same by draining, banking, cutting or stubbing the brush, carrying off the stones, and also the limbs of trees hanging over the said roads to be lopped and carried off, or the trees cut down as the same may be necessary, and so often as they or any of them shall have notice from the respective surveyors or overseers of the highways, shall by themselves or servants clear, level and amend the highways in such place and manner as they shall be directed by the overseers or surveyors respectively, not exceeding six days in the year, nor less than four, and for each day every person shall neglect or refuse to work on the highways as aforesaid, he shall forfeit and pay to the overseer of the highways of the town where he shall reside the sum of seventy-five cents for every day 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 con

Penalty for neglect how recovered

and applied.

21

stables 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, returning the overplus of such sales, if any there be, to the owner; and the said penalty shall be applied by the said overseer of the highways towards amending and repairing the highways in his district; Provided always That every freeholder and inhabitant, whose real and personal property shall not exceed in value the sum of two hundred and fifty dollars, shall not be obliged to work on the said highways more than three days in every year.

XXII. And be it further enacted, That all trees that stand in the land of any person, through which any common public road or highway in the said county of Richmond is or may hereafter be laid out, shall be for the proper use of the owner or owners of the same, but the owner shall not hinder the public from making use of so much timber which is standing or laying on that road, as will amend and repair the highways or road running through that land, and if there should not be sufficient timber on the public roads to amend and repair the same, or should any other materials for that purpose be necessary, the overseers shall have power to purchase any of the aforesaid materials in the best and cheapest manner they can, and shall carry in their respective accounts to the super visors, who shall add so much to the respective towns where the same did arise, and be by them raised in the same manner as the other contingent charges are raised and levied.

XXIII. And be it further enacted, That where any highway from any plantation in the said county of Richmond to any meadow, mill or common landing-place, shall run through the land or meadow of any person, it shall be lawful for every such person by the approbation of the commissioners as aforesaid, to place and hang good and easy swinging gates on such highways, and keep them in good repair at his own proper costs, and the several gates already standing and allowed may be approved and continued or altered, as the commissioners shall judge most convenient.

Certain into work more than 3 days in

habitants not

one year.

Timber for

roads how procured.

Swinging gates on what erected and how repaired

roads to be

ed.

XXIV. And be it further enacted, That if the overseers Teams, &c. of the roads and highways in the said county of Richmond how eltimate 'shall require any team, cart or waggon, and a man to manage the same, the said team, cart or waggon shall be esteemed to be for and in lieu of three days work of a sin

gle man, and the fine proportionable; and every person Implements when called to work on the roads, shall bring spades, axes how fapplied.

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Roads to be recorded.

Compenfation to the commiflioners.

How to be raifed.

Overfeers to warn perfons to work on the road upon the order of any juftice.

Penalty for neglect.

and other utensils as shall be directed and approved of by the surveyors and overseers of the highways respectively

XXV. And be it further enacted, That the commissioners in the said county of Richmond, or the majority of them, shall from time to time enter in writing all the highways or roads by them laid out, altered or closed, and sign the same and cause them to be entered on the county records, and the clerk is hereby directed to enter the same, unless in case of public roads where a dispute arises about the necessity of laying out such road, in which case the said commissioners are to return their said proceedings to the supervisors as is herein before directed, and whatsoever the said commissioners shall do ccording to the powers given them by this act, being so entered in the county record, shall be valid to every purpose.

XXVI. And be it further enacted, That each commis sioner in the said county of Richmond shall take and receive a sum not exceeding seventy-five cents for every day he shall be employed in laying out and regulating or opening highways as aforesaid, for his care and trouble in doing the business required by this act; and the said commissioners shall transmit heir accounts to the supervisors of the said county at any of their stated meetings of the number of days they hav respectively spent in doing the business required by th act, and the supervisors shall raise the same with the unty tax, which shall be paid by the county treasurer to he commissioners and overseers upon a warrant from the supervisors as in other cases, except where the commissioners are paid by private persons as before directed

XXVII. And be it further enacted, That upon the order of any one justice of the peace the surveyors or overseers of the several towns in the said county of Richmond, shall within eight days thereafter, warn and set to work the respective inhabitants and persons liable to mend and repair the highways and roads which by law they are obliged to repair, and if any of the surveyors and overseers shall neglect or refuse to warn and set to work the inhabitants as aforesaid and see the said highways and roads amended and repaired, such surveyor or overseer shall for every such neglect or refusal forfeit and pay the sum of five dollars, be recovered before any one justice of the peace of the said county where such neglect or res fusal shall happen, which fines shall be applied towards repairing the said highways in such town wherein such fine

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shall arise.

NINETEENTH SESSION.

CHAP. LI.

An ACT to enable thenhabitants of the old Town of Flatbush, to establish and regulate a Night-Watch, and for other Purposes therein mentioned.

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Passed the 6th of April, 1796.

E it enacted by the People of the State of New-York, Directors of

and may be lawful for the freeholders and inhabitants of that part of the town of Flatbush in Kings county, commonly called the old town of Flatbush, at the next annual town meeting, or at a special tow meeting to be called for that purpose to be held in Flatbush aforesaid, and in every year thereafter at such annual town meeting, to choose by a majority of votes three freeholders residing in the said old town of Flatbush, to direct, order, establish and regulate a night-watch in the said old town of Flatbush, who shall be called and known by the name and style of The directors of the night-watch.

a

to be elected.

II. And be it further enacted, That it shall be lawful for Their duty, the said directors being so elected as aforesaid to meet together, and being met, to order, establish and regulate a night-watch in the said old town of Flatbush, which watch shall consist of not more than six or less than three men, and an officer for each night, the said directors shall order such night-watch to be kept out of the inhabitants of the said old town of Flatbush, ho shall and hereby are required and directed in their turns to keep watch and guard in such manner and at such times and places as the said directors shall order and direct

III. And be it further enacted, That it shall and may be And power. lawful for the said directors, or any two of them, to make, establish and ordain such rules, orders and regulations for the government, conduct, duty and behaviour of the said watch and watchmen, and to impose such reasonable fines, penalties and forfeitures upon them or any of them, for default or neglect of the duties and services enjoined or required by such orders and regulations, as the said directors shall from time to time deem meet or convenient; Provided always, That no greater fine, penalty or forfeit ure shall be levied for any one offence than eight shillings for an officer, and six shillings on every watchman.

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Penalty for breaking fen

ces, deftroy

&c.

IV. And be it further enacted, That if any person shall after the passing of this act in the said old town of Flat bush, pull down, destroy or injure any fence made with ing windows, pales or boards, or be aiding in the same, or shall wilfully break or deface any glass window, porch, knocker or other fixture in the said old town, and shall thereof be convicted before any justice of the peace in the said town or county, he or she for every such offence shall forfeit the sum of

On refufal of payment of fender to be committed.

Trustees to appoint fire. men.

Privileges of
Bremen,

five pounds, to be recovered with costs and levied by distress and sale of the goods and chattels of every such offender, one moiety of which forfeiture shall be paid into the hands of the said directors, for repairing the injury done or committed by such offender and for defraying the expenses of the night-watch, and the other moiety of such forfeiture to be paid to the person or persons who shall prosecute for the same to effect.

V. And be it further enacted, That upon refusal of payment of such respective forfeiture or forfeitures, and want of sufficient goods and chattels whereon the same can be levied, it shall be lawful for such 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 to the gaol of the said county, there to remain without bail or mainprize for the space of one month, 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 the said gaol in manner aforesaid.

TWENTIETH SESSION.

CHAP. XLIX.

An ACT for the better extinguishing of Fires in the Town of Kingston, in the County of Ulster.

I.

BE

Passed 24th March, 1797.

E it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall and may be lawful for the trustees of the freeholders and commonalty of the town of Kingston in the county of Ulster, or the major part of them, to nominate and appoint a sufficient number of men (willing to acccept) residing within half a mile of the court-house, not exceeding twenty to every fire-engine now provided or hereafter to be provided for the use of the said town, to have the care, management, working and using the said fire-engines, and other tools and implements now or hereafter to be provided for extinguishing fires within the said town; which persons so to be nominated and appointed as aforesaid shall be called The firemen of the town of Kingston, who are hereby required to be ready at all fires, as well by night as by day, to manage, work and use the said fire-engines and other tools and implements aforesaid.

II. And be it further enacted, That each of the persons so to be nominated and appointed a fireman, shall during his continuance in office, be exempted and privileged from serving in the office of constable, and from being im panneled upon any jury or inquest, and for this purpose the name of each fireman to be appointed by this act shall

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