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NEW-YORK, TWENTY-FOURTH SESSION. Chap. XCIX. An ACT to divide the County of Tioga into Jury Districts.

Passed 31st March, 1801. Tioga county I. E*it enacted by the people of the State of New-York, to be divided into two jury represented in Senate and Assembly, That the judges districts.

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 districts. Daty of the II. And be it further endcted, That the clerk of said clerk of faid county.

county, shall immediately after the division of the said county in manner aforesaid, provide four jury boxes for said county, and shall mark op 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 contain: ing 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 suffifient jurors, into one of the boxes belonging to the district in which such persons shall

severally reside. Jurors for the III. And be it further enacted, That jurors for the triał trial of illues of issues in the circuit court, court of oyer and terminer conrts how to and gaol delivery, and cqurt of common pleas and genea be taken.

ral 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 bf 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.

IV. And be it furthet 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 efected 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 altera sately.

Courts in said

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CH A P. CIX.
An ACT to preserve the Grass and Timber on certain
Beaches and Islands in the County of Suffolk.

Passed 2d of April, 1801.
I. E it enacted by the People of the State of New-York, Penalty on

perfons set person shall set fire to or burn the old grass, or cut srafs or cut

ting timber any of the timber on any of the beaches or islands lying between Mastic West-inlet and Long-cove in the town of bearbes in Brookhaven, every such person shall forfeit and pay for Brookhaven. every such offence twelve dollars and fifty cents with costs, to any person who will sue for and recover the same, before any justice of the peace, to his own proper use ; and sheep & hoger if any sheep or hogs shall be suffered to run or feed on large on the any of the said beaches or islands, it shall be lawful for any fame to beperson to take and keep such sheep or hogs as his own perty of the absolute property.

person who II. And be it further enacted, That if any horses or neat Penalty on cattle shall be found on the aforesaid beach or islands, the suffering hors. owner or owners thereof shall forfeit and pay to any per. cattle to run 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- horses and ing the same shall advertise them in two or more public 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 ownertor owners thereof; Provided, Proviso. That 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.

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СНА Р. СХІ.
An ACT to regulate Highways in the Counties of Suffolk,
Queens, Kings and Richmond.

Passed 2d April, 1801.
I. E it enacted by the People of the State of New-York, Commission

ers of highmissioners of the highways, to be elected or appointed Suffolk, kinga in each of the several towns in the counties of Suffolk, and Queens to Kings and Queens, are hereby authorized to regulate the regulate roads already laid out, and to lay out such other public

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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 appears to be inconvenient; in such manner as they or the majot part of them shall think proper, as well for travellers as for the inhabitants of such town and the adjacent tofns, and to close such roads

in the respective towns as shall appear to them, or the Proviso, thae major part of them, ato be unnecessary ; Provided always, Jaid out over

That it shall not be lawful for the said commissioners, or private pro- 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 iwo 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 safd 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 manger as the other contingent

charges of the county, and the highways so laid out shall Roads for be a common and public highway ; but if the road so private use to laid out or altered be for the private use and benefit of the expense of any particular person or persons, then the value of the the individual land, damages and charges fresaid shall be paid by ed.

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 fof the same, but the person through whose land such road shall be laid out, his heirs or assigns, shall not be deba red from crossing or using

the same road. Commission. II. And be it further enacte, That where any road hath ers authorised been laid out contiguous to or through any person's land over private in any town in either of the s id counties, and it shall apEu agree with pear to the commissioners of the same town, or the major

part of them, that another pad may be laid out through the same person's land, that frould 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

the owners thereof,

prietor of the same lands concerning the same, and to exchange the said road already laid out for another road to be laid out by the said commissioners through the said per. son's land ; which agreement shall be good and valid in the law, and the owner or proprietor of such land shall hold and enjoy the land where such former road was laid out to him and his heirs and assigns forever.

III. And be it further enacted, That the commissioners Commissione 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 out laid out, approved of, altered for closed, and subscribe the be recorded. 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.

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 swinging any town or village or plantation in either of the said gates on what counties to any landing place mill or meadow, shall run whom to be through any person's land, it all be lawful for such per6on or persons by the approbation of the commissioners of such town, to place and hand good easy swinging gates on such roads and keep there in good repair at his and their own proper costs ; but o roads leading into or out of any commons, where the cattle belonging to any lown 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

VI. And be it further qnacted, That if any person shall Penalty for alter, close, lessen or obstruct any highway or road already obstructing laid out, or hereafter to pe 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 suni of five dollars, to be recovered with costs How recoverbefore any justice of the peace upon the oath of any one ¢¢ & applied. credible witness, and levied of the goods and chattels of the offender by warrant from sech justice, directed to the constable of the town pr place where such offence is com

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VOL. II.

of the commisioners,

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 repair

ing the public highways in his district. Compensation 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 choser pr appointed, the sum of seventy-five cents, and the cornmissioners 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, 6 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. Roads in thefe VIII. And be it further enacted, That the freeholders counties by whom and in

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, I 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 Penalty for and appoint ; and if any person shall refuse or neglect to refusal and how levied.

work upon the highways as foresaid, he shall forfeit and pay to the overseer of the highways of the district or place where he shall reside nine cepts 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 by 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 Gents for his fees, and the said penalty shall be applied

by the said overseer of the highways towards amending Slaves in Sufand repairing the highways in the district ; Provided alwork on high ways, That all male slaves in he county of Suffolk, above

the age of sixteen years and under the age of sixty years, shall be obliged to work on the highways in the district

ways.

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