roads be not laid out over private pro perry without qwner. 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 appear to be inconvenient, in such manner as they or the major part of them shall think proper, as well for travellers as for the inhabitants of such town and the adjacent towns, and to close such roads in the respective towns as shall appear to them, or the Provifo, that major part of them, to be unnecessary; Provided always, That it shall not be lawful for the said commissioners, or 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 two 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 said 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 manner as the other contingent charges of the county, and the highways so laid out shall be a common and public highway; but if the road so laid out or altered be for the private use and benefit of the expenfe of any particular person or persons, then the value of the accommodat land, damages and charges foresaid shall be paid by 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 for the same, but the person through whose land such road shall be laid out, his heirs or assigns, shall not be debatred from crossing or using the same road. Roads for private ufe to be laid out at the individual ed. Commiffion to alter roads A over private to agree with property, and the owners thereof. S II. And be it further enacted, That where any road hath ers authorifed been laid out contiguous to or through any person's land in any town in either of the said counties, and it shall appear to the commissioners of the same town, or the major part of them, that another road may be laid out through the same person's land that would 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 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 person'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 Commissionof 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 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 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 of 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 How recover before any justice of the peace upon the oath of any one ed & applied. credible witness, and levied of the goods and chattels of the offender by warrant from sach justice, directed to constable of the town or place where such offence is VOL. II. 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 Sufwork on high folk alfo 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 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, 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 ร 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. Team with a cart, plough, mated. &c. how efti Overfees of direct the highways to working of roads. Any juftice of the peace to order the overfeers to work the roads. Penalty on refufal overfeer for 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. XIII. And be it further enacted, That the trustees of the freeholders and commonalty of the town of Southamp ton in the said county of Suffolk, may whenever they deem it necessary, inclose within fence the tract of land or Trufees of may inclofe Southampton Shenicocplains. Previfo as to fwinging gates. Penalty for 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 releaving open covered with costs before any justice of the peace, the one or injuring them. 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 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. Trustees may inclofe Hogneck beach. Penalty for or injuring the gates or fences. Penalty for injuring or obftructing any highways or bridge, or leaving naifances thereon. XIV. And be it further enacted, That if any person shall wantonly damage any read, 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 XV. And be it further nacted, That in all cases of persons meeting each other in 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 |