Provifo. To determine actions of affault and battery on the high feas or in foreign ports. The parties how entitied to trial by jury. II. Provided always, and be it further enacted, That nothing herein contained shall be construed to give the said court power to proceed in any of the matters aforesaid as a court of admiralty or maritime jurisdiction. III. And be it further enacted, That the said court shall also have cognizance of and power to hear and determine all actions of assault and battery and false imprisonment, or any or either of them, committed or inflicted by any master or commander of any ship or vessel in the merchant service, upon any officer, seaman or mariner, or other person on board of or belonging to such ship or vessel, upon the high seas, or in any foreign port or place where such ship or vessel may then be, of which the ordinary courts of common law of this state now have cognizance, and of all actions of assault and battery and false imprisonment, or any or either of them committed or inflicted by any officer of any ship or vessel in the merchant service upon any seaman or mariner, or other person on board of or belonging to such ship or vessel, or by any seaman or mariner or other person on board of or belonging to such ship or vessel upon the master, commander or other officer thereof, or by one seaman or mariner or other person on board of, or belonging to such ship or vessel upon another seaman or mariner, or other person on board of or belonging to such ship or vessel upon the high seas, or in any foreign portfor place where such ship or vessel may then be, of which the ordinary courts of common law of this state now have cognizance, notwithstanding the damages sustained or claimed by reason thereof shall exceed twenty-five dollars. IV. And be it further enacted That in every action prosecuted in the said court, under and by virtue of this act, the parties shall be entitled to a trial by jury in the same manner and under the like regulations as is by the said herein before recited act directed, with this difference Number of only, that if the sum or damages demanded or claimed jurors and how fummon shall exceed twenty-five dollars, it shall be in the election of either party to have it tried by a jury of twelve men, and for that purpose the officer shall by virtue of the process summon twenty men to serve as jurors, and that the officer may be apprized when he shall summon twenty juTors as aforesaid, there shall be an indorsement on the process specifying that the damages claimed exceed twentyfive dollars. ed. Clerk to vary the form of V. And be it further enacted, That the clerk of the said the process as court shall have power, and he is hereby directed, with require may the approbation and under the direction of the said court, so far as the provisions in this act may make it necessary, to vary the form of the process to be issued from the said court, so as to make them specify with legal accuracy the nature of the action, and the amount of damages claimed or recovered, as the case may require. し aforesaid, then and in such case it shall and may be law. ful to and for the mayor or recorder, and any two or more aldermen by virtue of this act, to issue a precept directed to the sheriff of the said city and county of New-York, commanding him to impannel and return, and he is hereby required to impannel and return a jury to appear before the mayor's court at the then next meeting thereof, not less than three weeks from the date of such precept, to inquire of and assess the damages and recompence due to the owner or owners of such land, and at the same time to summon the owner or owners of such land, or his, her or their agent or legal representative, by notice to be left at his or her last most usual place of abode, to appear be fore such mayor's court on the day and at the place of the return of such precept; which jury, being first duly sworn for that purpose, and having viewed the premises, if necessary, shall inquire of and assess such damages and recompence as they shall under all the circumstances judge fit to be awarded to the owner or owners of such land, according to their several and respective interests and estates of and in such land, or any part thereof, for their respective interests and estates in the same; and the verdict of such jury and the judgment of the said mayor's court thereupon, and the payment of the sum and sums of money so awarded and adjudged to the owner or owners thereof, or tender and refusal thereof, shall be binding to all intents and purposes against the said owners and their respective heirs, executors, administrators and assigns, claiming any interest or title in or to the same land, and shall be a full authority to the said commissioners to cause the said land to be converted to and used for the purposes aforesaid, any thing herein or in any other law contained to the contrary hereof in any wise notwithstanding. ge not to be lefs III. Provided always, and be it further enacted by the au- Road ro thority aforesaid, That nothing in this act before contained, shall be deemed to authorize or require compensation thau 4 rods. to be made to any person or persons, for any lands which he, she or they shall have obtained by encroaching on such public road or highway; And provided further, That the main road or highway leading to Kingsbridge shall not be of less breadth than it is at present, nor any part thereof less than four rods wide. ers authoriz. caufeways. ditches. IV. And be it further enacted by the authority aforesaid, Commiffione That it shall and may be lawful to and for the said com- ed to build missioners, to cause to be made, built and erected, such bridges and and so many causeways and bridges, and at such places and make as they shall think necessary, and to cause ditches from such public roads or highways to be made and cut through any person's land where they shall judge proper for conveying the water from and keeping the same roads or highways dry and in good order, and from time to time to appoint one or more surveyors or overseers of the said roads or highways, and to employ labourers and workmen to make and keep the same in repair. V. And be it further enacted by the authority aforesaid, That the said commissioners shall from time to time make regular returns in writing of all the roads or highways by them widened, altered or laid out, to be signed by the clerk of the common council of the said city of New-York, and cause the same to be entered in the records of the same city; and that whatever the same commissioners shall do according to the power given them by this act, being so entered on record, shall be deemed good and valid to all intents, constructions and purposes in the law whatsoever. VI. And be it further enacted by the authority aforesaid, That if any person or persons shall wantonly spoil or damage any such roads, bridges or causeways, or fill up or destroy any of the ditches aforesaid, or fence across any of the said roads or highways, or erect or set up any gates thereon, or put or leave in any of them any unnecessary obstruction, without leave of the said commissioners; or if any person or persons shall leave a dead horse, or the carcase of any other beast, or any broken carriage, in any of the said roads or highways, for any longer time than may be necessary to remove the same, or set up in or near the said roads or highways any thing by which horses are usually affrighted, or shall by any improper behaviour, affright any horse or traveller on any of the same roads or highways, every such person shall for every such offence forfeit and pay to the treasurer or chamberlain of the said city for the time being, the sum of forty shillings, lawful money of this state, to be recovered by the same treasurer or chamberlain, with costs of suit, by action of debt, before any court having cognizance thereof; and when recovered to be applied to the repairing and improving the said roads or highways, as the said commissioners shall think fit; And further, To prevent as far as possible the evasion of the good purposes intended by this act, that the owners of every dead horse or other nuisance aforesaid, left in any of the said public roads or highways, shall be deemed to have put or left the same thereon, unless he or she prove the contrary. VII. And be it further enacted by the authority aforesaid, That on information being given by any person whomsoever to the overseer or overseers of the said roads or highways, of any of the said nuisances or obstructions, he shall immediately proceed to the removing thereof, and shall also use his best endeavours to discover the person or persons who committed the same, who upon discovery shall not only be liable to the penalties herein before appointed, but also to the costs of removing them and a neglect. reasonable compensation to such overseer or overseers for VIII. And be it further enacted by the authority aforesaid, IX. And be it further enacted by the authority aforesaid, That in case any person or persons shall fel! or otherwise destroy any tree or trees standing on any of the said roads, or within the distance of one rod thereof, without the leave of the said mayor, aldermen and commonalty, or of the owner of such tree or trees, such person or persons shall for every such offence forfeit the sum of three pounds, to be recovered, paid and applied as aforesaid. X. And be it further enacted by the authority aforesaid, That in all cases of persons meeting each other on any of the said roads or highways in carriages, waggons, carts or sleighs, those who are going out northward, shall give way to such as are coming in southward, under the penalty of forty shillings for every offence, to be recovered, ay paid and applied in manner aforesaid. Much Procefs againft offen warrant. Fen Die p94 Penalty for deftroying trees in any road, Marh rice northward to Perfons going thofe coming CHAP. LXXXI. An ACT to prevent the Storing of Gun-Powder within cer- WH Passed 15th March, 1788. THEREAS the practice of storing gun-powder with- Preamble. I. Be it enacted by the People of the State of New-York, than twenty Not more be kept in any within cer alty. mile to the northward of the city-hall of the said city, except in the public magazine at the Fresh-water, which said quantity of twenty-eight pounds shall be separated in four stone jugs or tin canisters, each of which shall not conUnder a pen- tain more than seven pounds; and if any person or persons shall keep any greater quantity than twenty-eight pounds, in any one place, house, stove or out-house, or if the same gun-powder so permitted to be kept as aforesaid shall not be separated in the manner herein above directed, he, she or they shall forfeit all such gun-powder so kept contrary to the true intent and meaning of this act, or so permitted to be kept, and which shall not be separated as aforesaid; and shall also forfeit the sum of fifty pounds for every hundred weight of powders and in that proportion for a greater of less quantity, to be recovered with costs of suit in any court having cognizance thereof, by any person or persons who will sue for the same; Provided always, That all actions and suits to be commenced, sued or prosecuted, against any person or persons for any thing done contrary to this act, shall be commenced, sued or prosecuted within two calendar months next after the offence committed, and not at any time thereafter. Commanders of veffels to land and ftore gun powder within 24 hours after their arrival. How gunpowder may be conveyed through the Atreets. II. And to avoid dangers from gun-powder laden on board of any ship or other vessel arriving from sea,* Be it further enacted by the authority aforesaid, That the commander or owner or owners of every ship or other vessel arriving from sea, and having gun-powder on board, shall within twenty-four hours after her arrival in the harbour, and before such ship or other vessel be hauled along side of any wharf, pier or key within the said city, land the said gun-powder, by means of a boat or boats, or other small craft, at any place on the East-river east of the wharf now building by Thomas Buchanan, or at any place on the North-river, to the northward of the air-furnace, which may be most contiguous to any of the magazines, and shall cause the same to be stored in one of the magazines now built, or hereafter to be built for that purpose, on pain of forfeiting all such gun-powder to any person or persons who will sue and prosecute for the same to effect, in manner aforesaid. may III. And to prevent any evil consequences which arise from the carriage of gun-powder, Be it further enacted by the authority aforesaid, That all gun-powder which shall be carried through the streets of the said city, by carts, carriages or by hand, or otherwise, shall be in tight casks, well headed and hooped, and shall be put into bags or leather cases, and entirely coffered therewith, so that no powder may be spilled or scattered in the passage thereof, on pain of forfeiting all such gun-powder as shall be conveyed through any of the streets aforesaid, in any other manner than is hereby directed; and it shall and may be |