puty-sheriff, constable, marshal of watchman of the said ci- This act no bar to fuits for damages. be deemed IV. And be it further enacted by the authority aforesaid, That this act, or any thing herein contained, shall not bar or preclude any person or persons from recovering his, her or their damages against any other person or persons who shall be guilty of any of the mischiefs or trespasses aforesaid, but that the same may be recovered in the same manner as if this act had never been passed. V. And be it further enacted by the authority aforesaid, who are to That every person who shall or may be present when any guilty. of the mischiefs or trespasses in this act mentioned shall be committed, shall be deemed to be guilty thereof, and be subject to the penalties inflicted by this act, although he or she shall not be aiding, abetting or assisting therein, unless such person shall give evidence whereby to convict the person or persons really guilty thereof, or unless he or she shall declare upon oath that he or she came there accidentally, and that he or she doth not know who the offender or offenders is or are. fineable. VI. And for the more easy discovery and detection of Informer not such offenders, Be it further enacted by the authority aforesaid, That if two or more persons shall have been jointly concerned in committing any of the offences aforesaid, and one or more of them (not being before informed against) shall within the space of one month after the of fence committed inform against any or all the other or others concerned in the same offence, so as to convict him, her or them, the person so informing shall not be liable to the payment of the forfeiture herein before mentioned, Particular Districts. FOURTEENTH SESSION. CHAP. IX. An ACT for the Preservation of Heath-Hens and other Game. Passed 15th February, 1791. I. BE Penalties for I. killing heathhens, &c. in certain coun ties. How recover ed & applied Provifo. E it enacted by the People of the State of New-York, represented in Senate and Assembly, and it is hereby enacted by the authority of the same, That if any person or persons shall kill any heath-hen within the county of Suffolk or Queens, or shall kill any partridge, quail or woodcock within the county of Queens or Kings, or within the city and county of New-York, within the times herein after mentioned, That is to say, with respect to heathhens, partridge and quail, between the first day of April and the fifth day of October, and with respect to woodcock, between the twentieth day of February and the first day. of July in any year after the passing of this act (includ ing nevertheless the present year) every such person or persons shall for every such offence, forfeit and pay the following sums, that is to say: For every heath-hen or partridge so killed, the sum of twenty shillings, and for every quail or woodcock so killed as aforesaid, the sum of five shillings, to be recovered with costs of suit by any per son or persons who shall sue for the same, before any justice of the peace in either of the said counties who is hereby authorized and directed to hear and determine the same; the one half of which forfeiture, when recovered, shall be paid to the person or persons who shall sue for the same, and the other half to the overseers of the poor where the conviction shall be had; and if any heath-hen, partridge, quail or woodcock so killed as aforesaid shall be found in the possession of any person or persons, such person or persons shall be deemed guilty of the offence and suffer the penalty aforesaid; Provided always, That no person or persons shall be convicted upon this act, unless the suit shall be commenced within three months after'the offence committed. II. And be it further enacted by the authority aforesaid, That all former acts and laws concerning heath-hens, shall be and hereby are repealed. NINETEENTH SESSION. CHAP. LII. An ACT relative to the common and undivided Lands and W Passed the 8th of April, 1796. HEREAS the proprietors of the common and undivided land and meadows in Southold, by their petition to the legislature have requested legislative aid to enable them more advantageously to improve their said lands and meadows: Therefore, Preamble. to make regu I. Be it enacted by the People of the State of New-York, Proprietors represented in Senate and Assembly, That it shall and may lations, be lawful for the said proprietors to meet on the second Tuesday in April next, at the house of Moses Case, in Southold aforesaid, and annually thereafter on the second Tuesday in April, at such place as a majority of them shall direct, and at every such meeting the said proprietors, or a majority of them who shall be present, may make such prudential rules and regulations for the better improving and managing their said common and undivided lands and meadows as they shall judge proper, which, rules and regulations shall be entered in a book to be provided for that purpose by a clerk to be chosen at every such meeting. trustees. II. And be it further enacted, That the said proprietors And elect at every such meeting may elect three trustees to have the superintendence and management of their said lands and meadows, according to such rules and regulations as aforesaid to be made at such meetings. truftees. III. And be it further enacted, That the said trustees or Powers of the a majority of them, or of the survivors of them, may sue for and recover for the use of the said proprietors, all such penalties as shall be made for the breach of the said rules and regulations so to be made as aforesaid; Provided always, That no penalty for any one offence shall exceed the sum of three pounds. ers of the IV. And be it further enacted, That the said trustees Further powmay call a special meeting of the said proprietors when- fame. ever they shall judge the same to be necessary, by advertising the same at three different meeting-houses in Southold aforesaid six days previous to the meeting, and the proceedings of such meeting shall be as good and valid as if they were done at the annual stated meetings as aforesaid. V. And be it further enacted, That the votes of the said votes how to proprietors at any such meeting as aforesaid, shall be be counted. counted according to the number of rights owned by each proprietor who shall vote at such meeting, TWENTY-FOURTH SESSION. CHAP. XCIX. An ACT to divide the County of Tioga into Jury Districts. Tioga county I. to be divided into two jury diftricts. Daty of the clerk of faid Conary. Jurors for the in certain be taken. E it enacted by the People of the State of New-York, 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 to be held. 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. СНАР. СІХ. An ACT to preserve the Grass and Timber on certain perfona fet. ting timber beaches and 1. BEritresented on any large on the running at fame to be- perty of the person who Penalty on es and neat thereon. if not paid within 48 horfes and hours fuch cattle to be 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 person who shall take and keep the same five dollars for each horse or neat beast so found; and in case no person shall appear and pay the said sum within forty-eight hours after such horses or neat cattle shall be so taken, the person taking 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 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. CHAP. CXI. An ACT to regulate Highways in the Counties of Suffolk, I. BE Passed 2d April, 1801. Yo ers of high counties of any Otten local regulation to oth Countus E it enacted by the People of the State of New-York, Commifion represented in Senate and Assembly, That the com- ways in the missioners of the highways, to be elected or appointed Suffolk, Kings in each of the several towns in the counties of Suffolk, and Queens to Kings and Queens, are hereby authorized to regulate the rat and roads already laid out, and to lay out such other public roads. regulate си |