When a further affeff

ment shall be made and col

lected.

landlord and tenant respecting the payment of any such charges or repairs, but that they shall be answerable to each other in like manner as if this act had never been made; and that in case any money so to be assessed for the services aforesaid, shall be paid by any person when by agreement or by law the same ought to have been paid by some other person, then it shall be lawful for the per son so paying the same and he is hereby empowered to sue for and recover the same with interest and costs of suit, in any court having cognizance of the same, as so much money paid for the use of the person for whose use the same shall have been paid.

XIV. And be it further enacted, That if upon complet ing any regulations mentioned in the preceding section of this act, it shall appear to the said mayor, recorder, aldermen and commonalty of the said city that a greater sum of money has been bona fide expended in completing such regulation than the sum mentioned in the estimate so made as aforesaid and actually collected, it shall and may be lawful for the said common council to cause a further assessment to be made of the sum which such expens ditures shall exceed the sum so estimated and collected as aforesaid, upon and among the owners or occupants of all the houses and lots of ground before assessed as aforesaid, and to cause the same to be collected in like manner Surplus to be as herein before directed; and in case the sum actually refunded. expended shall be less than the sum expressed in such esti mate and actually collected as aforesaid, the surplus shall be forthwith rendered to the respective person or persons from whom the same were so collected and received as aforesaid or to their legal representatives.

Common council to regulate ferries,

And to eftablifh markets.

XV. And be it further enacted, That the common coun cil of the said city, or the major part of them, shall have power from time to time to establish, license and regulate. so many ferries from the said city to the opposite or western shore of Hudson's river, for the carrying and transporting people, horses, cattle, goods and chattels across the said river, in such manner as to them shall ap pear most conducive to the public good; Provided always,, That nothing in this act contained shall be construed to deprive any person whatsoever of the possession or property of the soil on either shore of the said river, nor of any right of ferriage which any person now hath or hereafter may obtain across the said river.

XVI. And be it further enacted, That the said common council, or the major part of them, shall from time to time establish and keep one or more markets at such places within the said city as they shall appoint, on every day of Mayor to be the week, Sunday excepted, and the mayor of the said city shall ex officio be clerk of every such market and waterbailiff for the said city, and have power to execute the du

elerk and wa. ter-bailiff.

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 for ever.

ers to caufe

the roads by them faid out be recorded.

or altered to

III. And be it further enacted, That the commissioners Commission. of every town in the said counties shall from time to time enter in writing all the highways and roads by them 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 request 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, mill 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

VI. And be it further enacted, That if any person shall Penalty for alter, close, lessen or obstruct any highway or road already obftructing altering or 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 before any justice of the peace upon the cath of any one credible witness, and levied of the goods and chattels of the offender by warrant from sech justice, directed to the constable of the town or place where such offence is comZ

VOL. II.

How recover

ed & applied.

Compenfation of the commiflioners.

Roads in thefe counties by

whom and in what manner to be repaired.

Penalty for refufal and how levied.

Slaves in Suf work on high

folk aifo to

ways.

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 day 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 clear, amend, repair and maintain the highways in the 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 sufficientiman 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 as aforesaid, 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 age of sixteen years and under the age of sixty years, shall be obliged to work on the highways in the district

where they live when the overseer of the highways shall direct, not exceeding two days in a year, and the penalties for default or neglect shall be levied on the goods and chattels of the master or mistress of such slave.

IX. And be it further enacted, That a good and sufficient team with a cart, waggon, plough, sled, and a person to manage the same, shall be esteemed for and in lieu of three days work of one man, and the penalty for refusal or neglect shall be proportionable, and shall be levied and applied in the manner aforesaid. 1.

X. And be it further enacted, That the overseers of the highways of the respective districts in each of the towns in the said counties for which they shall be chosen or appointed, shall from time to time direct when, where and in what manner the highways, and roads in their respective districts shall be cleared, amended and repaired, and oversee and direct how the same shall be done, and shall warn the inhabitants to work upon the highways whenever there shall be occasion.

XI. And be it further enacted, That any justice of the peace in any town in either of the said counties may order the overseers of the highway of any district in such town, to cause the highways or roads in his district, or any part or parts of them, to be cleared, amended or repaired, whenever it shall appear to such justice to be necessary, and such overseer of the highways shall within eight days thereafter warn and set the inhabitants of such district, or such of them as shall not have worked the full number of days to work upon the said highways or roads, or such parts thereof as he shall be so ordered to clear, amend or repair; and if any overseer the highways shall neglect or refuse to do so, he shall for every such neglect or refusal forfeit and pay the sum of five dollars, to be recovered with costs before any justice of the peace in the same county, upon the oath of any credible witness, and the said penalties when recovered shall be paid to the commissioners of highways of the same town, and be by them applied towards repairing of the highways in the same

town.

may be cut

XII. And be it further acted, That any overseer of When timber highways in the several towns in the said counties may for roads and lawfully cut and use for improving the highways and bridges. bridges, any timber that may be found growing on the highways in any part of the town for which he is an overseer, and all such timber as shall not from time to time be so cut and used, shall be and remain the sole property of the owner of the land adjoining the said highways.

Southampton

XIII. And be it further enacted, That the trustees of Trustees of the freeholders and commonalty of the town of Southamp- may inclofe ton in the said county of Suffolk, may whenever they Shenicosdeem it necessary, inclose within fence the tract of land or

plaine.

Previfo as to fwinging gates.

Penalty for leaving open or injuring them.

plains called Shenicoc-plains within the said town, at such places as they shall deem most convenient; Provided, That the said trustees shall cause to be maintained on every public road running through the said plains so to be inclosed as aforesaid one or more good and sufficient swinging gates as may be necessary and convenient for the public; and whoever shall injure any fence so put up, or leave or fasten open, or injure or fasten up any gate so put up or provided as aforesaid, shall for every offence forfeit a sum not exceeding twelve dollars and fifty cents, to be recovered with costs before any justice of the peace, the one moiety whereof shall go to the overseers of the poor of the said town for the use of the poor thereof, and the other moiety to the person who shall sue for and recover the Trustees may same; and the said trustees may also inclose the beach and meadows called Hog-neck beach, by fencing across the same at such places as they shall deem proper; Provided however, That they shall maintain sufficient gates at every place where they may fence across the said beach for travellers, teams and carriages, and if any person leaving open shall injure or leave open any of the said gates, or break down the fence adjoining the same, every such person shall for each offence forfeit and pay five dollars, to be recovered and applied as aforesaid.

inclofe Hog

neck beach.

Penalty for

or injuring

the gates or fences.

Penalty for injuring or obftructing

any highways or bridge, or leaving nuifances thereon.

XIV. And be it further enacted, That if any person shall wantonly damage any road, bridge or causeway, or fence across any road or highway in any of the said counties, or erect or set up any gate thereon, or put or 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, or set up in or near any road or highway any thing by which houses are usually affrighted, or shall by any improper behaviour affright any horse or traveller on any road or highway, every such person shall for every such offence forfeit and pay to the overseer of the highways of the district where the offence shall be How recover. committed the sum of five dollars, to be recovered by the ed & applied. said overseers of the highways, with costs of suit, by action of debt, before any court having cognizance thereof, and when recovered shall be applied to the repairing and improving the roads or highways within such district in such manner as the overseer of the highways shall think best.

Regulations when carriages meet each other in Kings and Queens.

XV. And be it further nacted, That in all cases of persons meeting each other n carriages, waggons, carts or sleighs on any road or highway in Kings county, and all roads westward of the west end of Hempstead-plains, and westward of the town and village of Hempstead, or on the main road to the westward of the great plains in Queens county, those who are no going towards the city of New