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Power of common council in

respect to

buildings, streets,

etc.

CHAP. 129.

AN ACT for regulating the buildings, streets, wharves and slips in the city of New York.

PASSED the 3d of April, 1801.

Be it enacted, by the People of the State of New York, represented in Senate and Assembly, That it shall be lawful for the mayor, aldermen and commonalty of the city of New York, in common council convened from time to time to make such bye laws and orders for the better reguwharves, lating and arranging with uniformity such new buildings as shall be erected for habitations or for the purposes of trade and commerce; and also for regulating and altering the streets, wharves, and slips in such manner as shall be most commodious for shipping and transportation; and also from time to time to nominate and appoint two or more fit persons to be the surveyors of the buildings, streets, wharves, and slips of the said city, whose duty it shall be to direct and see that all buildings, streets, wharves and slips to be laid out or altered in the said city, be regulated with uniformity for the accomodation of habitations, shipping, trade and commerce according to such bye laws and orders as by the common council of the said city shall for that purpose be made, which said surveyors shall respectively before they enter upon the duties of their offices, take the following oath or affirmation before the mayor or recorder, viz: "I appointed a surveyor of the city of New York do swear in the presence of Almighty God that I will faithfully, truly and impartially execute the office of one of the surveyors of the same city."

Prevention of encroachments.

And be it further enacted, That it shall be lawful for the said mayor, aldermen and commonalty in cominon council convened to prevent any building that may incroach upon any street within the said city, and if in so doing or in laying out any streets, wharves or slips, they shall require for such purposes the ground of any person, notice thereof shall be given to the owner or parties, interested therein or to his or their agent or legal representative, and the said common council shall treat with such persons for the same, and if any such person shall refuse to treat for such ground, it shall be lawful for the mayor or recorder, and any two or more aldermen by precept under their hands and seals to command the sheriff of the said city and county of New York to impannel and return and he is hereby required to impannel and return a jury to appear before the mayors court of the said city, at any term thereof not less than three weeks from the date of such precept, to enquire of and assess the damages and recompence due to the owner or owners of such ground and at the same time to summon such owner or owners or his or their agent or legal representative by notice to be left at his or their usual place of abode to appear before the said court at the time and place in such precept to be mentioned; which jury being first duly sworn faithfully and impartially to enquire into and assess the damages in question, and having viewed the premises if necessary shall enquire 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 ground for their respective losses, according to their several interests and estates therein. And the verdict of such jury, and the judgment of the said mayors court thereupon and the payment of the sum or sums of money so awarded and adjudged to the owner or owners thereof, or ten

der and refusal thereof shall be conclusive and binding against the said owner and owners, his and their respective heirs, executors, administrators and assigns claiming any estate or interest of, in or to the same ground; and it shall thereupon be lawful for the said mayor, aldermen and commonalty to cause the same ground to be converted to and used for the purposes aforesaid.

streets and

And be it further enacted, That it shall be lawful for fhe said mayor, Laying out aldermen and commonalty to lay out as far as the same has not already wharves. been done and according to the plan agreed upon for that purpose regular streets or wharves of the width of seventy feet in front of those parts of the said city which adjoin to the East river or sound and to the North or Hudsons river, and of such extent along those rivers respectively as they may think proper; and that as the buildings of the said city shall be further extended along the said rivers it shall be lawful for the said mayor, aldermen and commonalty from time to time to lengthen and extend the said streets or wharves.

And be it further enacted, That the said streets or wharves shall be Duty of made and compleated according to the said plan by and at the expence proprietors of the proprietors of land adjoining or nearest and opposite to the said streets or wharves in proportion to the breadth of their several lots by certain days to be for that purpose appointed by the said mayor, aldermen and commonalty, and that the respective proprietors of such of the said lots, as may not be adjoining to the said streets or wharves shall also fill up and level at their own expence according to such plan, and by the said days respectively the spaces lying between their said several lots, and the said streets and wharves and shall upon so filling up and levelling the same be respectively entitled to and become the owners of the said intermediate spaces of ground in fee simple.

for refusal

And be it further enacted, That if any of the said proprietors shall neg- Penalty lect or refuse to fill up and level such intermediate spaces of ground by by proprie the said days, to be so as aforesaid appointed, it shall be lawful for the tors. said mayor, aldermen and commonalty to cause the same to be done for and on behalf of the said proprietors, and to charge them with the expence, and if the said proprietors respectively shall not repay the said expence with lawful interest from the times of the expenditure within one year and six months after the demand for that purpose, made by the said mayor, aldermen, and commonalty, or any person on their behalf it shall be lawful for the said mayor, aldermen and commonalty to levy the same together with the interest thereof, and all reasonable costs and expences attending such proceedings by distress and sale of the goods. and chattels of such proprietors or the occupants of the said lots respectively; or to recover the same from the said proprietors respectively by action of debt in the supreme court of this State, wherein it shall be sufficient to alledge generally that the defendants respectively are indebted to the said mayor, aldermen and commonalty in a certain sum for money expended on their account by virtue of this act, and in such action any less sum than the one declared for may be recovered and full costs shall be taxed for the plaintiffs if judgment shall be given in their favor.

And be it further enacted, That the said sums so to be expended on Assessbehalf of the said proprietors, and every sum which hath heretofore ments to been assessed among the owners or occupants of any houses and lots in on lots. the said city by virtue of the act entitled, "An act for regulating the building streets, wharves and slips in the city of New York," passed the sixteenth of April, one thousand seven hundred and eighty seven and not refunded or shall hereafter be assessed by virtue of this act, shall be a lien or charge upon the houses and lots in respect to which such

Piers to be sunk.

Grants of

piers.

assessments shall have been made and shall bear lawful interest until paid, and shall be entitled to a preference before all other incumbrances upon the same, and may be sued for and recovered with costs in like manner as if the said houses and lots were mortgaged to the said mayor aldermen and commonalty for the payment thereof; provided always, that nothing herein contained shall extend to charge any such houses or lots which may have been bona fide sold and disposed of after the making of such assessment thereon and before the third day of April one thousand seven hundred and ninety eight.

And be it further enacted, That it shall be lawful for the said mayor aldermen, and commonalty to direct piers to be sunk and completed at such distances and in such manner as they in their discretion shall think proper in front of the said streets or wharves so adjoining and extending along the said river and the said piers to be connected with the said streets or wharves by bridges at the expence of the proprietors of the lots lying opposite to the places where such piers shall be directed to be sunk and by such days and times as the said mayor aldermen and commonalty may for that purpose limit and appoint; and if the said proprietors shall neglect or refuse to sink or make the said piers & bridges according to the directions of the said mayor, aldermen and commonalty, it shall be lawful for the said mayor, aldermen and commonalty to sink and make the same piers and bridges at their own expence, and to receive to their own use wharfage for all vessels that may at any time or times lie or be fastened to the said piers or bridges which they shall so make as aforesaid.

VIII. And be it further enacted, That it shall be lawful for the said interests in mayor aldermen and commonalty to grant to the owners of lots fronting on any of the said streets of seventy feet, their heirs and assigns a common interest in the piers to be sunk in front of such streets in proportion to the breadth of their respective lots, under such restrictions and regulations, and within such limits as the said mayor, aldermen and commonalty shall deem just and proper.

Validity of grants.

Buildings not to be erected.

Sewers,

vaults.

And be it further enacted, That every clause, covenant and condition in the several grants of the mayor, aldermen and commonalty of the said city, to the said proprietors respectively or those under whom they claim to be kept observed or performed by the grantees respectively, and their respective heirs, executors, administrators and assigns shall notwithstanding this act retain their full force and validity, and shall be in no manner affected by the same, or by any thing to be done or performed in consequence thereof, and the said mayor aldermen and commonalty shall have, possess and be entitled unto the like payments, rights and remedies by virtue of the said grants as they might, or could have had, or would have been entitled to if this act had never been passed, and shall not by the performance of any thing herein contained be deemed to have broken or infringed any of the covenants or conditions on their part contained in the said grants.

And be it further enacted, That no building of any kind or description whatsoever (other than the said piers and bridges), shall at any time hereafter be erected upon the said streets or wharves or between them respectively, and the rivers to which they respectively shall front and adjoin.

And be it further enacted, That it shall be lawful for the said mayor, drains and aldermen and commonalty to cause common sewers, drains and vaults to be made in any part of the said city and to order and direct the pitching and paving the streets thereof, and the cutting into any drain or sewer; and the altering, amending cleansing and scouring of any street

vault, sink or common sewer within the said city; and to cause estimates of the expence of conforming to such regulations to be made and a just and equitable assessment thereof among the owners or occupants of all the houses and lots intended to be benefitted thereby, in proportion as nearly as may be to the advantage which each shall be deemed to acquire; and the said mayor aldermen and commonalty shall appoint five disinterested freeholders to make every such estimate and assessment, who before they enter upon the execution of their trust shall severally take an oath before the mayor or recorder of the said city to make the said estimate and assessment fairly and impartially according to the best of their skill and judgment; and the said freeholders after having made such estimate and assessment shall certify the same in writing to the said mayor, aldermen and commonalty in common council convened, and being ratified by the said council shall be binding and conclusive upon the owners and occupants of such lots so to be assessed respectively, and shall be a lien or charge on such lots as aforesaid and such owners or occupants shall also respectively be liable upon demand to pay the sum at which such houses or lots respectively shall be so assessed to such person as the said common council shall appoint to receive the same, and in default of such payment or any part thereof, it shall be lawful for the mayor, recorder and aldermen of the said city, or any five of them of whom the mayor or recorder shall be one, by warrant under their hands and seals to levy the same by distress and sale of the goods and chattels of such owner or occupant refusing or neglecting to pay the same, rendering the overplus if any after deducting the charges of such distress and sale, to such owner or occupant; and the money when paid or recovered shall be applied towards making, altering, amending, pitching, paving, cleansing and scouring such streets and making and repairing such vaults drains and sewers as aforesaid. Provided however, that nothing herein contained shall affect any agreement between any landlord and tenant respecting the payment of any such charges, but they shall be answerable to each other in the same manner as if this act had never been made. And if any money so to be assessed be paid by any person when by agreement or by law the same ought to have been borne and paid by some other person, it shall then be lawful for the person paying to sue for and recover the money so paid, with interest and costs, as so much money paid for the use of the person who ought to have paid the same, and the assessment aforesaid with proof of payment shall be conclusive evidence of such suit.

cost of

etc.; how

And be it further enacted, That when the said mayor aldermen and Assesscommonalty in common council convened shall make a general regula- ment of tion in any part of the said city for raising, reducing, levelling or fenc- sewers, ing in any vacant or adjoining lots, it shall be lawful for the said mayor, payment aldermen and commonalty in case the same be not complied with to enforced. cause an estimate of the whole expence of conforming to such regulation with respect to each lot which the owner thereof shall refuse or neglect to put in the order thereby required, to be made, assessed and certified by five freeholders in manner aforesaid, and the same being ap proved by the said mayor, aldermen and commonalty, they shall cause the same to be advertised in two or more of the public news papers printed in the said city for three weeks, and shall therein require the owners of such lots respectively to pay the sum at which said lots shall be so assessed to the chamberlain of the said city, and that if default be made, such lot will be sold at public auction at a day and place therein to be specified for the lowest term of years at which any person shall

Further assessments.

Assess

ments to

be liens on

lots.

offer to take the same in consideration of advancing the sum assessed on the same for the expence aforesaid. And if notwithstanding such notice and demand the owner or owners shall refuse or neglect to pay such assessment with the charge of appraisement and advertisement, then it shall be lawful for the said common council, to cause the said lot to be sold at public auction, for a term of years for the purposes and in the manner expressed in the said advertisement, and to give a declaration of such sale to the purchaser thereof under the common seal of the said city; and such purchaser, his executors, administrators and assigns shall by virtue thereof and of this act lawfully hold and enjoy the same for his and their own proper use, against the owner or owners thereof, and all claiming under him or them; until his term therein shall be fully complete and ended. Being at liberty to remove all the buildings and materials which he or they shall erect or place thereon, but leaving the ground in sufficient fence, and with the street or streets fronting the same in the order required by the said regulations. Provided always, that if after defraying the actual expence of conforming any lot so be to sold for a term of years, to the regulations aforesaid and deducting all reasonable charges attending the same, a surplus of the purchase money shall remain in the hands of the chamberlain of the said city, the same shall forthwith be rendered to the owner or owners of such lot or lots respectively, or his or their legal representatives.

And be it further enacted, That if upon compleating any such regulation it shall appear to the said mayor, aldermen and commonalty that a greater sum of money hath been bona fide expended in making such regulation, than the sum estimated and collected as aforesaid, it shall then be lawful for the said mayor, aldermen and commonalty to cause a further assessment equal to such excess to be made and collected in manner aforesaid; and in case the sum actually expended shall be less than the sum expressed in such estimate and collected as aforesaid, the surplus shall forthwith be returned to the persons from whom the same were collected or their legal representatives.

And be it further enacted, That if the owner or occupant of any lot · of ground in the said city shall refuse or neglect to fill up, raise, reduce or level such lot in such manner as the same shall by any bye law, rule ordinance or order of the common council of the said city be required to be filled up, reduced, levelled or raised, it shall then be lawful for the mayor, aldermen and commonalty of the said city to cause such lot or lots to be filled up, raised or levelled, and the amount of the monies which they shall have advanced for that purpose with lawful interest for the same, shall be deemed a lien on such lot or lots, and shall be recoverable by them as for monies advanced lor use of the defendants by suit against the owner or any other occupant or future owner of such lot or lots at their election, in any court having cognizance of the same.

Inspectors

to be ap

pointed.

CHAP. 130.

AN ACT for the inspection of flour and meal.

PASSED the 3d of April, 1801.

Be it enacted by the People of the State of New York, represented in Senate and Assembly, That the person administering the government of this State, by and with the advice and consent of the counsel of appoint

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