No fuch dise arreft to recharge from leafe the debt. Nor fhall the perfon caufing be liable to a for which the judgment is given is not there paid, then they shall cause an entry to be made in the minutes of the same court, purporting that such person is committed to the gaol of the city and county of New-York, in execution for the debt, damages and costs, or damages and costs, or costs mentioned in such execution or judgment; and cause a precept to be issued for conveying the person so committed to the said gaol, which precept shall be delivered to one of the constables or marshals of the said city, who shall thereupon convey the person so committed to the gaol of the city and county of New-York, and there deliver him, together with the same precept to the keeper of the said gaol, who shall there receive and safely keep the person so committed in execution in the said gaol, until he shall be thence delivered by due course of law; and if any person taken by virtue of such execution or warrant, shall be discharged from such arrest by the said justices as aforesaid, such taking and discharge shall not operate as a release or discharge of the debt or demand for which such person was so taken, nor prevent any execution for the same against the goods and chattels of the person so discharged, nor shall the person who caused such execution or warrant to be issued, or any person who shall execute the same, be liable to any suit or damage on account of such discharge; and in all cases where part of the debt, damages or costs shall have been paid of levied, and any execution is issued for the residue, suchjexecution shall be only for the sum remaining due, to which shall be added in the execution the words "being the residue of" the sum recovered or adjudged, mentioning the amount thereof; and every precept for conveying any person to the said gaol, who shall be so committed, shall be in the following form: "THE PEOPLE of the state of New-York, to the Form of com constables and marshals of the city of New-York mitment in and to the keeper of the gaol of the city and county of New-York, and to each and every of them, greeting: We command you the said constables and marshals to convey A B, to the said gagl, and there deliver him to the keeper thereof; and we command you the said keeper there to receive the said A B, into your custody, and to keep him safely in the said gaol in execution at the suit of CD, for debt and damages and costs, [or, for debt and costs, or, for costs, (as the case may be] until he shall be delivered by due course of law. Witness (as in case of a summons.) And in all actions of debt, the interest due to the plaintiff, if any, shall be added to the costs of the suit, but the debt, damages and interest, if any allowed, and costs, shall be separately specified in the indorsement on the execution; and all process for summoning jurors to appear in the said court, shall be the following form: fuch warrant fuit. execution. Interest to be added to the cofts of fuit.. How and by whom the to be made. Moch lawful for the said mayor, aldermen and commonalty from time to time to lengthen and extend the said streets or wharves. IV. And be it further enacted That the said streets or wharves shall be made and completed according to the and wharves said plan by and at the expense 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 expense according to such planand 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 inter-mediate spaces of ground in fee simple. Nethod of tomake the Sums expend V. And be it further enacted, That if any of the said proprietors shall neglect or refuse to fill up and level suchintermediate spaces of ground by the said days to be so as aforesaid appointed, it shall be lawful for the 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 expense, and if the said proprietors respect-ively shall not repay the said expense 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 per son 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 expenses 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 favour. VI. And be it further enacted, That the said sums so of the propri to be expended on behalf of the said proprietors, and every sum which hath heretofore been assessed among the owners or occupants of any houses and lots in the said city by virtue of the act, entitled An act for regulating the buildings, streets, wharves and slips in the city of New-York, passed the sixteenth of April, one thousand seven hundred etors to be. come a lien on the lots, and made recoverable. де and eighty-seven, and not refunded, or shall hereafter be as- ex tion to direct piers and VII. And be it further enacted, That it shall be lawful The corpora 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 tending along the said rivers and the said piers to be connected with the said streets or wharves by bridges at the expense 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 And in default of proprietors or make the said piers and bridges according to the direc- corporation tions of the said mayor, aldermen and commonalty, it to make them shall be lawful for the said mayor, aldermen and commonalty to sink and make the same piers and bridges at their own expense, 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 bridges which they shall so make as aforesaid. and take the profits. may grant a proprietors of VIII. And be it further enacted, That it shall be lawful Corporation for the said mayor, aldermen and commonalty to grant to common inthe owners of lots fronting on any of the said streets of tereft in fuch piers and seventy-feet, their heirs and assigns, a common interest bridges to in the piers to be sunk in front of such streets in propor- lots fronting tion to the breadth of their respective lots, under such them. restrictions and regulations, and within such limits as the said mayor, aldermen and commonalty shall deem just and proper. grants to re IX. And be it further enacted, That every clause, cove Covenants & nant and condition in the several grants of the mayor, al- Conditions in dermen and commonalty of the said city to the said pro- main in force. prietors 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 R VOL. II. 1 No buildings permitted on fuch ftreets or Corporation ers to be made and ftreets paved and the fame cleanfed. levied. YB 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. X. 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 river to which they respectively shall front and adjoin. XI. And be it further enacted, That it shall be lawful to caufe few for the said mayor, 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 withExpenfes in the said city; and to cause estimates of the expense of thereof how apportioned, conforming to such regulations to be made, and a just and affeffed 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 maypr, 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 on 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 lord and ten- between lande fected. or neglecting to pay the same, rendering the overplus, if Perfons paying for others who ought to pay to recov er the fame. lations rela and the ex collected. XII. And be it further enacted, That when the said General regu mayor, aldermen and commonalty in common council con- tive to streets vened, shall make a general regulation in any part of the how enforced said city for raising, reducing, levelling or fencing in any penfes thereof vacant or adjoining lots, it shall be lawful for the said mayor, aldermen and commonalty, in case the same be not complied with, to cause an estimate of the whole expense 11 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 approved by the said mayor, aldermen and commonalty, they shall cause the same to be advertised in two or more of the public newspapers 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 of fer to take the same in consideration of advancing the sum assessed on the same for the expense 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 In default of be fold for a |