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TITLES.

Penalty for

injuring

mile

boarde.

isavi

Do. ai to

guideposts.

Injuries to roads.

Penalties, how recovered.

Extent of this Title.

any tree that has been or shall be so planted or set out, shall be liable in damages to the owner of such adjoining land.

§ 128. Whoever shall destroy, remove, injure or deface any mile-board or mile-stone, erected on any highway, shall forfeit for every offence, the sum of ten dollars; he shall also be deemed guilty of a misdemeanor, and on conviction, shall be fined not exceeding fifty dollars, or imprisoned not exceeding three months, at the discretion of the court.

2 R. L., 280, § 32.

S 129. "Whoever shall injure or deface any description affixed to a guide-post erected on any highway, or destroy or injure any such guide-post, shall be liable to all the penalties provided in the last preceding section.

2 R. L, 280, §34; 14 How. P. R., 303.

g 130. Whoever shall injure any highway, by obstructing or diverting any creek, water-course or sluice, or by drawing logs or timber on the surface of any road or bridge, or by any other act, shall, for every such offence, forfeit treble damages.

9 How. P. R., 83; 23 W., 451.

§ 131. All penalties and forfeitures given in this Title, and not otherwise specially provided for, shall be recovered by the commissioners of highways of the town, in which the offence shall be committed; and when recovered, shall be applied by them in improving the roads and bridges in such town.

17 B., 481; 5H., 215.

g 132. The provisions of this Title shall be construed to extend to all parts of the state, except where special provisions inconsistent therewith, have been or shall be made by law, in relation to particular counties, cities, villages or towns.

See Laws of 1835, ch. 300; 1833, ch. 97; 18 B., 22.

TITLE II.

OP THE REGULATION OF FERRIES.

Sbo. 1. Common picas to grant licenses to keep ferrieB.

2. Owner of land through which highway runs, first entitled.

3. Any other person applying, to give notice.

4. Persons applying, to enter into recognizance.

5. Licenses to be entered in book of minutes of court.

6. When stream divides two counties, license obtained in either good.

7. Persons violating recognizance, guilty of misdemeanor.

8. Penalty on persons using ferries without license.

9. Offence on waters dividing counties, may be proceeded against in either.
10. This Title not to affect ferries granted by Albany or Hudson, 4c

§ 1. The court of common pleas in each of the counties of this state, shall grant licenses for keeping ferries in their respective counties, to as many suitable persons as they may think proper; which licenses shall continue in force, for a term to be fixed by the court, not exceeding three years.

Licenses, by whom granted.

2 R. L, 210, § 2; 14 How. P. R., 261; 11 W., 690.

§ 2. No such license shall be granted to any person, other TTM£J£ than the owner of the land, through which the highway adjoining to the ferry shall run, unless such owner shall neglect to apply for such license, after notice as herein after provided.

§ 3. Whenever application for a ferry shall be made by any Ibperson other than such owner, the court shall not grant a license to such applicant, unless proof shall be made, that the applicant caused notice, in writing, to be given to such [san owner, at least eight days before the sitting of the court, of his intention to make such application.

§ 4. Every person applying for such license, shall, before the same be granted, enter into a recognizance to the people of this state, in open court, in the sum of one hundred dollars, faithfully to keep and attend such ferry, with such and so many sufficient and safe boats, and so many men to work the same, as shall be deemed necessary, together with sufficient implements for said ferry, during the several hours in each day, and at such several rates as the court granting the license, shall, from time to time, order and direct; which recognizance shall be forthwith filed with the clerk of the county.

2 R. L., 210, § 2.

5 5. Every license so granted, shall be entered in the book en" of minutes of the court by the clerk; and a copy thereof, attested by him, shall be delivered to the person licensed.

2 R L., 210, § 3.

§ 6. Whenever the waters over which any ferry may be E*J{nof used, shall divide two counties, a license obtained in either of licenses, the said counties, shall be sufficient to authorise the person obtaining the same, to transport persons, goods, wares and merchandize, to and from either side of said waters.

§ 7. Every person who shall violate the condition of such SSJjSto^. recognizance, shall be considered guilty of a misdemeanor; and on conviction, shall be subject to such fine as the court may adjudge, not exceeding twenty-five dollars for each offence; and on proof of such conviction, the court of common pleas shall direct the recognizance entered into by such person, to be estreated for the use of the people of this state.

§ 8. If any person (except within the counties of Essex ^JEfor and Clinton, the counties of Orange, Rockland and West- J^^"' Chester, and the counties in the first senate district,) shall use any ferry for transporting across any river, stream, or lake, any person or any goods, chattels or effects, for profit or hire, unless authorised in the manner directed in this Title, such person shall be considered guilty of a misdemeanor; and on conviction, shall be subject to such fine, for the use of the county, as the court may adjudge, not exceeding twenty-five dollars for each offence.

2 R. L., 210, § 1 & 2; 6 J. R., 175; 11 W., 590.

§ 9. Where any such offence shall be committed on waters 5££eed"

mu L dividing two counties, the person so offending may be proceeded against in each of said counties; but the fine to be imposed, shall not exceed twelve dollars and fifty cents in each case.

Limitation S 10. Nothing in this Title contained, shall affect or alter

f\f thin Ti

tie. ~ the ferries granted by charter to the corporations of Albany and Hudson, or alter or impair any grants made by this state, or any legal right or privilege whatever, belonging to any individual or corporation, by virtue of any law of this state, or otherwise.

2 R L., 210, § 2 * 6; Bee Laws of 1845, ch. 352; 3 B. Ch., 315; 1849, ch. 30.

[««* CHAP. XVII.

Of the Regulation of Trade in certain cases.

(Took effect May 1, 1838.)

Title 1. — Of sales by auctioneers.

Title 2. — Of the inspection of provisions, produce and merchandize.
Title 3. — Of the tare of butter firkins, and the packing and sale of

pressed hay.
Title 4. — Of hawkers and pedlers.

TITLE I*

OP SALES BY AUCTIONEERS.

Sec. 1. Duties upon goods sold at auction.
2*. Goods exempt from duty.

2b. Goods how to be struck off. Duties if purchased by auctioneer or owner.

3. Goods sold at private sale, subject to duties.

4. Articles exempt from duties.
6. When goods shall be exempt.

6. By whom sales to be made.

7. Penalty for violating preceding section.

8. When auctioneers may employ a partner or clerk.

9. Goods damaged at sea, under whose direction sold.

10. Inspectors of damaged goods to be appointed.

11. Auctioneers to give bonds.

12. Bonds by whom to be approved.

13. Approbation to be endorsed, and bond to be delivered to comptroller.

14. Officers taking bond, to give notice to comptroller.

15. Penalty for selling without bond.

16. Penalty for accepting appointment from another state, Ac

17. No auctioneer to have more than ono auction house or store.

18. Not to sell at any place different from that designated.

19. Penalty for violating two last sections.

20. Common council of cities may designate places for sale of horses, 4c.

21. Auctioneers to give notice of sales not made at their auction store.

22. Penalty for violating last section.

23. Auctioneer to receive 2\ per cent commission, unless an agreement for more.

24. Penalty for violating last section.

25. When goods liable to duties are not to be sold at private sale.

* See act amendatory. Laws of 1846, ok. 63.

Sbc. 26. When auctioneer to make a memorandum of sale. TITOS L

27. Auctioneers to account quarterly.

28. Account to be exhibited to mayor or recorder, or to county judge.

29. Oath of auctioneer rendering account.

30. Partner of auctioneer to make oath of truth of account.

31. In account, partner or clerk to state sales made by him, Ac.

32. Auctioneer to pay duties in tea days after rendering account.

33. To whom payments to be made.

34. Receipts to be sent to comptroller.

35. Auctioneer selling no goods liable to duties, to make affidavit thereof

36. Penalty for neglect of duties prescribed in last nine sections.

37. Comptroller to publish every such neglect; appointment forfeited.
33. Certain goods in New-York to be sold between sunrise and sundown.
39. Penalty upon auctioneer guilty of fraud in execution of his duties.

40 t 41. Forfeitures imposed by this Title, how to be collected and applied.

g 1. All goods, wares and merchandize, and every other [aaoi species of personal property, which shall at any time be ex- j^dto'ttl>" posed to sale by public auction within this state, with the TM* exceptions mentioned in the second section of this act and in the fifth section of title one, Chapter seventeen, Part one of the Revised Statutes shall be subject, each and every time they shall be struck off to duties at the following rates, namely:

i. All wines and ardent spirits, foreign or domestic, at the rate of one dollar on every hundred dollars:

s. All goods, wares, merchandize and effects imported from any place beyond the Cape of Good Hope at the rate of fifty cents on every one hundred dollars:

3. All other goods, wares, merchandize and effects which are the production of any foreign country at the rate of seventy-five cents on every hundred dollars:

4. The duties shall be calculated on the sums for which the goods so exposed to sale shall be respectively struck off, and shall in all cases be paid by the person making the sale.

Laws of 1846, ch. 62, § 1.

S 2v No auction duties shall be payable upon the following G<x>a» «goods and articles: duty.

1. Ships and vessels.

2. Utensils of husbandly, horses, neat cattle, hogs and sheep.

3. Articles of the growth, produce and manufacture of the United States, except distilled spirits.

Laws of 1846, ch. 62, g 2.

§ 2b. Goods sold by auction, shall in all cases be struck off How to be to the highest bidder; and where the auctioneer or owner, or * any person employed by them or either of them, shall be such bidder, they shall be subject to the same duties as if struck off to any other person; but this section shall not be construed to render valid any sale, that would otherwise be deemed fraudulent and void.

laws of 1817, 326, g 1.

L — 62

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H^^oJa § 3. All articles, except those mentioned in the fourth and at^rwau fifth sections of this Title which shall be sold on commission Slaties.6*1 by an auctioneer, by a co-partner or clerk of an auctioneer, or by a person in any way connected in the auction business, or in auction sales with an auctioneer, whether at auction or private sale, shall be liable to the duties before enumerated.

Laws of 1811, 326, § 1; 1835, ch. 62.
Sect. 4 repealed by Laws of 1846, ch. 62.

empt.ex S 5- Goods and chattels otherwise liable to the auction duties, shall be exempt therefrom, if they shall be sold under the following circumstances:

1. If they shall belong to the United States, or to this state:

2. If they shall be sold under any judgment or decree of any court of law or equity; or under a seizure by any public officer, for or on account of any forfeiture or penalty; or under a distress for rent:

3. If they shall belong to the estate of a deceased person, and be sold by his executors or administrators, or by any other person duly authorised by a surrogate:

4. If they shall be the effects of a bankrupt or insolvent, and be sold by his assignees appointed pursuant to law, or by a general assignment for the benefit of all the creditors of such bankrupt or insolvent:

5. If they shall be goods damaged at sea, and be sold within twenty days after they shall have been landed, for the benefit of the owners or insurers.

Laws of 1811, 329, § 8.

whomby § 6. AH sales at public auction in the city of New-York, made- not under the authority of the United States, and all such sales in other parts of the state where duties are payable on the effects to be sold, shall be made by an auctioneer who shall have given the security herein after required, or by a copartner or clerk of an auctioneer duly authorised under the provisions of this Title; but where no duties are payable, all such sales, except in the city of New-York, may be made by any citizen of this state.

Laws of 1824, 37, § 2; see Laws of 1838. ch. 52.

Penalty. g 7. Every person who shall sell, or attempt to sell, at public auction, any goods or effects, contrary to the provisions of the last preceding section, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried: the fine in no case to exceed five hundred dollars; the imprisonment, three months.

Laws of 1824, 38, § 2; see Laws of 1838, ch. 52.

copartner § 8. Every auctioneer, in case of his inability to attend an auction, by sickness, by his duty as a fireman, by reason of military orders, or by his necessary attendance in a court of justice, or in case of his temporary absence from the city or place for which he is appointed, may employ a copartner or clerk to hold such auction in his name and behalf, such

or clerk.

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