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Suffolk, and state of New-York, to meet on the first Tuesday in May next, at the meeting-house in Southampton aforesaid, and annually thereafter on the first Tuesday in April, at such time and place as a majority of the said proprietors present shall determine; and at every such meeting, the said proprietors, or a majority of such of them as shall be present in person or by attorney, are hereby authorised and empowered to elect for the term of one year, or until others are chosen, not less than six nor more than twelve persons, being proprietors, trustees to manage all the undivided lands, meadows and mill streams, in said town of Southampton; which trustees shall meet immediately after the annual meeting of the proprietors, and shall adjourn from time to time as they shall think proper.

$2. And be it further enacted, That the said trustees shall have Power of the same power to superintend and manage the undivided lands, trustees. meadows and mill streams aforesaid, as the trustees of the freeholders and commonalty of the town of Southampton now have, and shall have full power to sell, lease or to partition, and to make such rules and regulations, and by-laws for managing the said lands, meadows and mill streams, and meadows that may hereafter make in the waters of said town that shall not be the property of individuals, and also to impose such penalties on any proprietor offending against such rules and regulations, or any of them, as a majority of them shall judge meet and proper, not exceeding twenty-five dollars for any one offence, which by-laws, rules and regulations, so made by the trustees, shall be recorded by the clerk to be appointed by said trustees: And furthermore, the trustees shall, at their first meeting, annually elect one of their number president, who shall preside at their meetings, and shall have a casting vote, and no other; and it shall be the duty of said trustees, whenever they may judge it necessary, to call a special meeting of the proprietors, by advertising the same in four or more conspicuous places in the said town of Southampton, at least eight days previous to said meeting, and the proceedings of such meeting thus called shall be as good and valid as if done at the annual meeting aforesaid; and it shall also be the duty of the president of the trustees, to call a meeting of the trustees whenever he may deem it necessary.

clerk.

$3. And be it further enacted, That it shall be the duty of said Duty of clerk of the trustees to keep a record of the names of each proprietor, and the amount of right to him or her belonging, and to make transfers of the same; and no person shall be entitled to a vote at any meeting of said proprietors, without their names are entered on said record. $4. And be it further enacted, That the said trustees shall have Penalties. power to sue for and recover, for the use of said proprietors, all such penalties as may be incurred by a breach of any rule, regulation or by-law made as aforesaid, and shall have full power and authority to prosecute, bring and maintain suits for all trespasses which may be hereafter committed on the said lands, meadows and mill streams, by any person or persons: Provided nevertheless, That nothing in the afore recited act shall be construed to give the proprietors or their trustees any power to make any laws, rules or regulations, concerning the waters (other than mill streams,) the fisheries, the sea-weed, or any other productions of the waters of said town, or in any manner or 60

VOL. III.

Proviso.

Further proviso.

Preamble.

Trees not to

way to debar the inhabitants of said town from the privilege of taking sea-weed from the shores of any of the common lands of said town, or carting or transporting to or from, or landing property on said shores, in the manner heretofore practised; which waters, fisheries, seaweed and productions of the waters, shall be managed by the trustees of the freeholders and commonalty of the town of Southampton, for the benefit of said town, as they had the power to do before the passing of this act: Provided further, That nothing herein contained shall in any manner affect or alter the right, title or interest of any person, or the inhabitants of said town, to any of the before mentioned premises.

An act to vest certain powers in the trustees of the freeholders and commonally of the town of East-Hampton, in the county of Suffolk. Passed March 23, 1821. Chap. 156, p. 147.

WHEREAS the trees and bushes growing on the public highway, through which the road leading from the said town of East-Hampton, to the port of Sagg-Harbour, runs, is of great benefit to said road:

And whereas the twelfth section of the act, entitled "An act to regulate highways in the counties of Suffolk, Queens, Kings and Richmond," passed the 2d day of April, 1801, declaring that all timber growing on highways should be and remain the sole property of the land adjoining said highway, was, by the last section of the act, entitled "An act to vest certain powers in the freeholders and inhabitants of the port of Sagg-Harbour," passed the 26th day of March, 1803, repealed so far as it related to said highway:

And whereas doubts exist whether any person is authorised by the existing laws to prosecute for trespasses committed on said highway: Therefore,

$1. Be it enacted by the People of the State of New-York, rebe cut down. presented in Senate and Assembly, That any person who shall cut or carry off any of the trees or bushes now growing on said highway, without first obtaining permission of the said trustees of the freeholders and commonalty of the said town of East-Hampton, shall forfeit and pay, for each tree or bush so cut or carried off, the sum of seventyfive cents, to be recovered by the said trustees, together with the costs of suit, in an action of trespass, before any justice of the peace in the county of Suffolk; the one half of said penalties, when recovered, shall be paid over by said trustees to the commissioners of highways of the said town of East-Hampton, to be by them expended in improving said road, and the other half to the complainant.

Horses, &c.

on certain beaches.

An act relative to a part of the south beach, in the county of Suffolk. Passed November 23, 1824. Chap. 282, p. 345. $1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall not be lawful for any person or persons to turn or drive any horses, neat cattle, sheep or hogs, to feed or run at large on to any of the beaches or islands lying between a certain creek called Horse-foot creek, otherwise called Long cove, on the west, and Southampton inlet on the east,

between the first day of April and twentieth day of September in any year, under the penalty of fifteen dollars for each and every offence, to be recovered with costs of suit, in an action of debt, before any court having cognizance thereof, by any person who will sue for the same; the one moiety whereof shall be paid to the overseers of the poor of the town where such prosecution shall be had, for the use of the poor of the said town, and the other moiety thereof to the person who will sue for the same to effect: Provided, That this act shall Proviso. not be construed to debar or prevent any person or persons having meadow on the said beaches or islands, from carrying on, using, and feeding so many oxen and horses on the said beaches or islands, as shall be necessary for receiving the hay during the season of getting the same, nor to prevent any person or persons from pasturing so many horses or oxen as shall be necessary to secure any property wrecked on said beach.

$ 2. And be it further enacted, That all acts heretofore passed Repeal. ¡ concerning said beaches and islands, inconsistent with the provisions of this act, be, and the same are hereby repealed.

SULLIVAN.

An act to enlarge the jail liberties in the county of Sullivan.
Passed April 16, 1816. Chap. 164, p. 181.

$1. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That it shall be lawful, and it is hereby made the duty of the judges and assistant justices of the court of common pleas in and for the county of Sullivan, at the next term of their said court, or at any other term they shall think most proper, at their discretion, to enlarge the liberties of the jail in said county: Provided, The limits thereof shall not extend, in any direction, to a greater distance than half a mile from the court-house in said county.

An act relative to jails.

TIOGA.

Passed April 6th, 1813. Sess. 36, Chap.
69.1

places of

$28. And be it further enacted, That it shall and may be lawful Either of the for the sheriff of the county of Tioga to confine his prisoners in either Tioga jails of the jails of said county: Provided, The said jails are, in the opi- confinement. nion of the said sheriff, sufficient for that purpose: And provided further, That if both the said jails shall be sufficient for the safe keeping of his said prisoners, it shall then be the duty of the said sheriff to confine his prisoners in the jail situated within the jury district whereof such prisoners may have been residents at the time judgment was rendered against them.

(1) 1 R. L. p. 427.

Tioga divided into two

An act to alter the boundaries of the county of Tioga, and for other purposes. Passed March 22, 1822. Chap. 75, p. 76. $ 2. And be it further enacted, That the said county of Tioga jury districts. shall be, and the same is hereby divided into two distinct and separate jury districts; the one to comprise the towns of Tioga, Spencer, Danby, Caroline, Candor, Berkshire and Owego, and to be called the eastern district; the other to be composed of the towns of Cayuta, Catharines, Chemung and Elmira, and to be designated as the western district of said county: And that all causes to be tried in the court of common pleas in and for said county, shall be tried within the jury district where the parties or either of them reside.

Jury boxes.

Jurors out of

be drawn.

$3. And be it further enacted, That it shall be the duty of the clerk of the said county, immediately after the passing of this act, to provide four jury boxes for said county, and to mark on two of the said boxes the name of the said eastern district, and on the other the name of the said western district; and it shall also be the duty of the said clerk to put the slips of paper, containing the names of such persons in each of the said districts as 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.

$ 4. And be it further enacted, That jurors for the trial of issues what box to in the circuit court, courts of oyer and terminer and jail delivery, and courts of common pleas and general sessions of the peace, to be held in and for the said county of Tioga, at any time after the second 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.

An act authorising the erection of two poor-houses in the county of Tioga. Passed April 18, 1829. Chap. 171, p. 272.

S 1. It shall and may be lawful for the board of supervisors of the county of Tioga, to raise by tax on estates real and personal of the freeholders and inhabitants of each jury district in said county, a sum not exceeding three thousand dollars, for the purpose of building a poor-house in each of the jury districts of said county.

$2. The sum so to be raised in each of the jury districts of said county, shall be exclusively appropriated to the erection of a poorhouse in the district in which said sum may be raised.

$3. The sum or sums of money levied and collected by virtue of this act, shall be deposited with the treasurer of said county, to be by him paid over to three commissioners to be appointed by the judges and supervisors of said county, to be by them appropriated to the purposes above mentioned.

WARREN.

An act to alter the October term of the courts of common pleas and general sessions, in and for the county of Warren. Passed April 11, 1829. Chap. 114, p. 216.

$1. The fall term of the courts of common pleas and general sessions in the county of Warren, shall commence on the third Tuesday of September in each year, and may continue to be held from the commencement thereof in each term, until Saturday of the same week inclusive; and the October term is hereby abolished.

WASHINGTON.

An act relative to jails. Passed April 6th, 1813. Sess. 36, Chap.

69.1

be removed.

S 14. And be it further enacted, That whenever a person is con- Debtors may fined within the jail liberties established in the village at Sandy-Hill, in the county of Washington, and it shall become proper for the sheriff to confine such imprisoned debtor within the walls of the prison, in such case it shall be lawful for the sheriff to remove such person to the jail in the town of Salem, in the said county; and such removal shall not be deemed an escape.

$ 15. And be it further enacted, That the sheriff of the county of Washington for the time being, be, and he is hereby appointed a commissioner to superintend that portion of the court-house at Sandy-Hill, not under the care and direction of the sheriff, to rent the same, also to receive, and if necessary to sue for and recover the rents for and in behalf of the said county; and it is hereby made the duty of such commissioner to account with the supervisors of said county for such receipts, when he shall be thereunto required, deducting for his services so much therefrom as the supervisors shall think just and reasonable.

Sheriff to of Sandy

have charge.

Hill jail.

An act extending the jail liberties in the town of Salem, in the county of Washington. Passed April 11, 1820. Chap. 182, p. 165.

$1. Be it enacted by the People of the State of New-York, Liberties represented in Senate and Assembly, That the liberties of the jail enlarged. in the town of Salem, in the county of Washington, be, and the same are hereby enlarged so far as to comprehend the same extent of territory which is included within the limits of the village of Salem aforesaid; and the said limits of said village as are established by law, or hereafter may be, shall be the liberties of said jail.

(1) 1 R. L. p. 427; W. v. 5, p. 520.

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