NOTICE: Return or renew all Library Materials! The Minimum Fee for each Lost Book is $50.00. The person charging this material is responsible for its return to the library from which it was withdrawn on or before the Latest Date stamped below. Theft, mutilation, and underlining of books are reasons for discipli- nary action and may result in dismissal from the University. To renew call Telephone Center, 333-8400 UNIVERSITY OF ILLINOIS LIBRARY AT URBANA-CHAMPAIGN L161— 0-1096 /> r r •43 Expenses of town poor, - -43 Of beggars and vagrants, 43 Of disorderly practices on public occasions and hohdays, - 4fr Of the sale of lottery tickets, - 46 Titles of sundry acts of state legislature, relative to city. 53-7 59 LAWS AND ORDINANCES ™i tponpR mmmiL OF THE CITY OF SCHENECTADY Published by order of the Common Council. A LAW relative to the measuring and sale of Char- coal Passed June 18, 1833. 1. Charcoal to be sold by measurement ; measures, how much to contain, &c. ; to be sealed and marked ; fees of measurer. 2. Penalty for selling charcoal without marked and sealed measures — Pro- viso. The Mayor, Recorder and Aldermen, of the city of Schenectady, in Common Council convened , do ordain as folloivs : § 1. That from and after the 15th day of July next, no person shall sell any charcoal within the bounds of the city of Schenectady, unless the same is sold by measurement in wooden tubs or measures, made in a strong and substantial manner, to contain the quantity of one bushel, or two bushels of charcoal, aud which tub or measure shall be examined, and conspicuously marked and sealed, by the examiner of measures in this city, or by some sealer in the city of Albany, with the mark of “ Charcoal one bushel,” or “ Charcoal two bushels,” as the case may be, together with the name of the sealer. And the examiner of weights and measures in this city is hereby directed not to mark any such char- coal measure, unless the same shall be made to contain one or two bushels of charcoal, heaped measure ; and he shall be entitled to the fee of twenty-five cents for examining and marking a one bushel mea- sure, and thirty-seven and a half cents for examining and marking a two bushel measure, of the description aforesaid, and half that sum for ex- amining any measure only, together with a reasonable compensation oO for making such measure conform to the proper standard, if required to do so by the person producing the same to him, and may retain such measure until his saidi fee or compensation, or both, is or are paid. § 2. Any person who shall sell any charcoal in this city, without measuring the same in such tub or measure, sealed and marked as afore- said, shall, for each offence, forfeit and pay the sum of two dollars : Provided, however, that this law shall not extend to prevent the sale of charcoal in a less quantity than one bushel, nor any contract for the sale of coal in bulk or load, and not by measure. A LAW for cleaning the streets , to prevent and remove nuisances , and for other purposes. Passed June 20, 1833. 1. Owner or occupant to clean street. 2. Duty of high constable. 3. Mayor, recorder or aldermen, may direct removal of dirt or filth, and employ persons for the purpose. 4. Mayor, &c. may order removal of filth, &c.; penalty for neglect to re- move same. 5. No person to throw or deposit any manure, filth &c. in any street or lane. 6. Manure, sand, &c. how to be transported. ^ 7. Snow to be removed, &c. 8. Persons coming to market with wood, &c. how to arrange themselves 9. Conductors of water from eaves of buildings, how to be constructed. 10. Exposure of dead carcases and emptying of beds within police district prohibited. 11. Building materials not to be placed in streets, without permission of mayor, recorder or alderman of the ward ; not to occupy more than half the breadth of the street. 12. Building timber, &c. to be compactly placed ; high constable to report violations of last two sections. 13. Saw horses not to be set up or used in streets. 14. Wanton injury, or defacing of bridges, buildings, &c. forbidden.— Penalty. 15. No carriage or sled to be left in streets; privilege to wheelwrights and blacksmiths. 01 I'C. No horse or carriage to be driven on side walks of public streets or bridges. 17. No horse or hand carriage to be brought on side-walk, except by per- mission; no fuel, boxes, &c. to be placed on side- walk without permission. 18. Projection of porches, &c. regulated. 19. Height of awnings, &c. .prescribed. 20. No coal or tar pit to be burned within police district. 21. Bathing in canal or river, &c. within certain limits, prohibited. 22. Trimming of ornamental trees, in streets, regulated ; fallen trees or branches to be removed. 23. Duty of builders, contractors, &c. as to cleaning streets. 24. Infants and servants, how to be proceeded against for violations of this law. Be it ordained , by the Mayor, Recorder and Aldermen of the cil y of Schenectady, in Common Council convened : § 1 . That every owner or occupant of any house or lot, on any of the streets or lanes of this city, now paved, or ordered to be paved, or which shall hereafter be paved, (excepting lots on which buildings are erecting, and on which materials for building are laid, ) shall cause the street or lane on which any such house or lot may front, to the middle thereof, to be cleaned, and the dirt to be collected and removed, by the first Saturday of May in each and every year, and once in each fort- night thereafter, between the said first Saturday and the first day of November in each year, including the present one, under the penalty of one dollar for every omission. § 2. And be it further ordained, That on every succeeding Monday it shall be the duty of the high constable to make an immediate return of the names of every owner or occupant of any house or lot, who shall neglect to clean such street or lane and to collect and remove the dirt on the day directed by this law to be done, to the treasurer, whose du- ty it shall be, immediately to prosecute such owner or occupant for the amount of the penalty aforesaid. § 3. And be it further ordained , That if any filth or dirt shall be in any of the streets or lanes aforesaid, the mayor, recorder or any of the aldermen, may, in their discretion, direct such filth or dirt to be re- moved by the owner or occupant of such house or lot adjoining where- to such filth or dirt may lie, and if such owner or occupant shall neglect to remove the same within such reasonable time as the mayor, recorder or any of the aldermen shall for that purpose limit or appoint, the per- son so neglecting shall, for every such neglect, forfeit a sum equal to twice the expense incurred in removing the same ; and it shall be law- 62 ful for the mayor, recorder or any of the aldermen, to employ one or more person or persons to remove such filth or dirt, who shall be paid by the treasurer such reasonable compensation as the mayor, recorder, or any of the said aldermen, in writing, shall direct, out of any monies in his hands belonging to the corporation : Provided , however, that the amount of expense to be incurred for removing the same shall not, in any one instance, exceed the sum of five dollars. § 4. And be it further ordained , That it shall be lawful for the may- or, recorder, or any two or more of the aldermen, whenever any filth, dirt, or any nauseous substance, shall be found in any house or lot with- in the jurisdiction of this common council, which, in his or their opinion, may endanger the health of the citizens residing in or near such house and lot, to order and direct, in writing, the owner or occupant to re- move such filth or dirt, or nauseous substance, within such time and to such place, as the mayor, recorder, or any two or more of the aider- men shall, in writing, limit and appoint, and such owner or occupant neglecting to obey such order shall, for every such neglect, forfeit the sum of two dollars, and for every twenty-four hours such filth, dirt or nauseous substance shall remain' unremoved, after the time so to be limited for the removal thereof, one dollar. § 5. And be it further ordained , That no person shall hereafter pur- posely throw, ride, carry, leave or deposit, any manure, filth, garbage, or dirt of any kind, in any of the streets or lanes of this city, and each person offending in the premises shall be subject to a penalty of one dol- lar for each offence. § 6. And be it further ordained , That no person shall cart or trans- port, in any wagon, cart, or other vehicle, any manure, sand, clay, earth, or rubbish, through any of the streets or lanes aforesaid, unless such wagon, cart, or other vehicle, shall have a tight box, twelve inches high, and the materials so carted be well secured from falling, under penalty of one dollar for every offence. § 7. And be it further ordained , That all owners or occupants of houses or lots adjoining any of the streets or lanes aforesaid, shall cause the snow to be removed to the breadth of at least four feet on the side walks in front of the same, and also the gutters adjoining the said side walks to be cleaned out, within twenty-four hours after each and every fall of snow, under the penalty of one dollar for every twenty-four hours neglect or refusal to remove the said snow, or to clear the said gutters. § 8. And be it further ordained, That all persons coming to market with wood, provisions, or other articles, shall arrange their carriages or sleighs near and parallel to the side walks of the city, in such manner as to leave open the middle of the streets, and that no person shall suf fer or permit any carriage or sleigh of which he has charge to remain standing at the intersection of any of the streets of this city, or within twenty-five feet thereof, under the penalty of one dollar for each viola tion of this section. § 9. And be it further ordained, That there shall be a gutter under the eaves of every house or building which overhangs any of the streets or lanes in the first section mentioned, with a conductor to lead the wa ter therefrom, and that every conductor which projects over any side walk of this city already flagged, shall be so constructed as to lead the water down the side of the said house or building to within two feet of the ground, before it is discharged, or into some lot ; and every con- ductor which may, at any time hereafter, project over any of the side walks of this city that may be directed by any ordinance of the com mon council to be flagged, shall be altered as above directed, within one month after the passage of such ordinance, under penalty, upon such owner or occupant of such house or building, of one dollar for every week’s neglect or refusal to comply with any of the provisions of this section. * § 10. And be it further ordained, That no person shall be permitted to cast and leave exposed, the dead carcase of any horse, cow, dog, or other animal, in any road, street, yard, garden, lane, or vacant lot with- in the jurisdiction of this common council, but such carcase shall be buried at least three feet below the surface of the earth ; nor shall any person empty any feather, cat tail or straw bed, in any road, street, yard, garden, lane, or vacant lot within the police district of this city, on penalty, upon any person offending against any part of this section, of the sum of five dollars. § 11. And be it further ordained, That no person shall place, or cause to be placed, any stone, lime, sand, lumber, plank, boards, or other ma- terials for building, in any street or lane of this city, nor suffer the earth thrown from a cellar, or place intended for a cellar, to remain in such street or lane for a longer time than twelve hours, without a written permission from the mayor, recorder, or an alderman of .the ward where such materials or dirt are laid, under penalty of five dollars for every twenty-four hours that such materials or dirt shall continue in such street or lane ; and no permission shall ever be given by the may- or, recorder, or any alderman, to deposit or leave lying any such ma- terials or dirt, so as to occupy more than half the breadth of any street 64 oi' lane of tliis city, or to occupy any part of the street other than in front of and on the same side with the lot on which such building materials arc intended to be used, or from which such dirt may be taken, nor af- ter prosecution for the penalty for such offence commenced ; and every person who shall place, or cause to be placed, any such materials before any other lot than that on which they are to be used, or suffer such dirt tp remain or be placed before any other lot than that from which it was taken, without the permission of the owner or occupant of such lot, or suffer such materials for building, or any of them, or dirt, to remain twelve hours after expiration of such permission and notice to remove the same, shall be subject to a penalty of five dollars for each, offence ; and further, such permission shall always* be subject to revocation by the common council, or by the mayor, recorder, or alderman granting it. § 12. And be it further ordained, That all timber or other materials, which shall be permitted to remain in any street or lane of this city, shall be laid in as compact a manner, and so as to obstruct the street as little as practicable ; and it shall be the official duty of the high consta- ble to report any violation of this or the preceding section to the mayor or recorder of this city. § 13. And be it further ordained, That no person shall set up or use, or assist in setting up or using, a saw-horse, in any street or lane of this city, under penalty of two dollars for every time such saw-horse shall remain or be used as aforesaid. § 14. And be it further ordained, That any person who shall wanton- ly injure, deface or tarnish any bridge, house, porch or stoop, door, gate, fence, tree, post, or any useful or ornamental public or private work or improvement, standing in any street of this city, or fronting thereon and adjacent thereto, either by daubing or besmearing the same, or any part thereof, with paint, mud, tar, oil, grease, or any mixture or substance whatever, or by throwing stones, or cutting, breaking, scratching, or other method whatever, or who shall aid or assist there- in, shall be subject to a penalty of five dollars. § 15. And be it further ordained, That it shall not be lawful for any person or persons to suffer or permit any carriage or sled to remain in any of the streets or lanes, or on any bridge of this city, except that every wheelwright or blacksmith shall be allowed to have one carriage or sled on which they may be employed, and no more, standing oppo- site his door or lot, from sunrise to sunset, under the penalty of one dol- lar for every offence. § 16. And be it further ordained, That it shall not be lawful for any person to drive any horse or cart, or any carriage of burthen or plea- sure, on or over the footpath or sidewalk of any street, or of any canal or railroad bridge within this city, under the penalty of two dollars for every, offence ; and further, if any such person shall break or otherwise injure any such footpath or side walk, he, or she, shall, within twenty i four hours thereafter, cause the same to be well and sufficiently repair- ed and amended, under the penalty of forfeiting five dollars. § 17. And be it further ordained , That it shall not be lawful for any person to lead, drive or ride any horse* or to wheel or drag any wheel- barrow or hand-cart or hand-sled, on any side walk, without the consent of the owner or occupant of the house adjoining such side walk, or leave any firewood, or to lay or place any firewood, coal* box, cask, or other thing, on any footpath or side walk, without written permission from the may or, recorder, or one alderman of this city, and then only for the time and to the extent expressed in such permission, under the penalty of two dollars for every offence. § 18. And be it further ordained , That no stoop, porch or cellar door shall project into any of the streets or lanes of this city, farther than the one-third part of the width of the side walk of such street or lane, with- out leave from the common council ; nor shall any sign, canopy, (ex- cept awnings of cloth, ) or portico, project more than eighteen inches, nor any bow, or other window, more than twelve inches over any side Walk of this city, under the penalty, upon the owner or occupajnt of the house or lot to which such stoop, porch, or cellar door or sign, canopy, portico or window, may be attached, of one dollar for every week he or she may neglect or refuse to remove or alter the same ; and such stoop, porch, cellar door, sign, canopy, portico or window, shall also be sub- ject to be removed by order of this common council. § 19. And be it further ordained , That no part of any awning which may project over any side walk of this city, or any part thereof which shall so project over such side walk, shall be at a less height from the ground than seven feet, under penalty of one dollar for every day or time any awning of less height shall be spread, nor shall any goods or other things which interfere with passengers, be hung or placed upon any fixture over or adjoining such side walk, under a like penalty of one dollar for every offence. § £0. And be it further ordained , That no person or persons whom- soever, shall burn, or cause to be burnt, a coal or tar pit in this city, within the police district of this city, under the penalty of ten dollars for every offence. I 66 § 21. And be it further ordained , That it shall not be lawful for a tif person or persons to bathe in the Erie canal or Mohawk river, west of North-street, or any other public place, within the police district of this city, under the penalty of one dollar for each offence against any pro- vision of this section. § 22. And be it further ordained , That all ornamental trees which shall be permitted to stand in any street or lane of this city, shall be kept trimmed so high as not to obstruct either passers on the side walks, or carriages between said side walks or the light of the city lamps, under penalty, upon the owner or occupant of the lot in front of which such tree may stand, of one dollar for every twenty-four hours the same is suffered to remain untrimmed, after notice from the mayor, recorder, an alderman, or the high constable, that it does obstruct either passers or carriages. If any tree, or any part thereof, shall fall down in any street or lane of this city, so as to obstruct such street or lane, or any part thereof, it shall be forthwith removed by the owner thereof, or by the occupant of the lot in front of which it may have stood, immediate- ly preceding its fall, under penalty of one dollar, upon such owner or occupant, for every two hours, during daylight, that such tree may be suffered to remain ; and in case the said tree, or part thereof, be not re- moved by ten o’clock in the morning, it shall be the duty of the high constable to have the same removed, at the expense of sueh owner or occupant, provided such expense shall not exceed five dollars. § 23. And be it further ordained, That it shall be the duty of every builder, contractor, or superintendent of or in any building, bridge, rail- road, canal, or work whatever, in this city, as well as the owner or oc- cupant of any building, to cause the street adjoining the house, bridge, canal, road, or other work on which he is engaged, or of which he has the charge or direction, to be cleaned and swept, whenever other citi- zens are by this law directed to clean or sweep in front of their houses, except so far as said builder, contractor or superintendent may be ex- empted therefrom by the mayor, recorder, or an alderman, for special reasons ; and also to clean the street in front of or adjoining the house, bridge, canal, road, or other work, on which such builder, contractor or superintendent has been engaged, immediately after the job, contract or work is finished, or after such builder, contractor or superintendent has quit working on or attending thereto, whichever shall first happen, under penalty of five dollars for either of the offences mentioned in this section. 6? § £4. And be it further ordained , That if any offence shall be com- mitted against this law by any infant, or by any apprentice or servant, the forfeiture shall and may be recovered against, and collected from, the parent of such infant, and from the master or mistress of such ap- prentice or servant. A LAW to regulate Ike sale of Hay . Passed June 20, 1833. 1. Hay to be sold in city by weight only, except on previous or special con- tract. 2. Public hay-scales designated ; weigh-master to be appointed. 3. Oath to be taken and filed by weigh-master. 4. Fees to be received by him. — 5. To attend and weigh all hay, &c. brought to scales, and furnish weigh-note ; wagons to be weighed. 6. Penalty for refusal to have wagon weighed. 7. W eigh-note of force during one day only ; to be delivered to purchaser or his agent. 8. duality of hay to be certified by weigh-master. 9. Fees, when to be paid. Penalty for violation of law by weigh-master. 10. Wagons, carts, &c. to be weighed, marked and registered by weigh- master, when requested. 11. Weigh-master to report to city treasurer quarterly ; his compensation. 12. 13. Penalty for fraud by vender. Be it ordained, by the Mayor , Recorder and Aldermen of the city of Schenectady, in Common Council convened : § 1. That no person whomsoever shall sell or deliver to any other person any hay, within the police district of this city, by the cart, wa- gon or sled load, or in any other manner than by weight, except in pur- suance of a previous or special contract, under the penalty of forfeiting one dollar for every offence, § £. And be it further ordained, That the hay-scales erected and situa- ted in the first ward, shall be the public hay-scales, machine or engine for weighing of hay ; and a weigh-master shall be appointed by this com- mon council, who shall weigh all hay offered for that purpose. 68 § 3. And he it further ordained , That the person who shall be ap- pointed weigh-master, for the weighing of hay within the limits afore* said, shall, before he enters on the duties of that office, take and sub- scribe an oath, before the mayor, recorder, or clerk of this common council, well and faithfully to execute the said office, according to the best of his skill and understanding, which oath, subscribed as aforesaid, and certified by the mayor, recorder or clerk, shall be duly filed or de- posited in the office of the clerk of this board. § 4. And he it further ordained , That it shall and may be lawful to and for any such person who shall be appointed weigh-master of hay as aforesaid, to ask, demand and take, for every cart, wagon or sled load of hay, or other articles to be weighed at the before mentioned scales or machine, the sum of twelve and a half cents, and the same sum for weighing every empty wagon, cart or sled, and no more, from the per- son who shall require the same to be weighed, § 5. And he it further ordained, That it shall be the duty of the per- son who shall be appointed weigh-master to attend to said scales or machine from time to time, when, and immediately after he shall be re- quired by any person who shall apply to him, to have hay or any other articles weighed, so as that such attendance should not be required in the morning before sunrise, or in the evening after sunset ; that the weigh-master shall weigh all such hay and other articles as shall be brought to him for that purpose, together with the wagons, carts or sled in which the same shall be loaded, and also weigh such wagon, cart or sled in which the same shall be loaded, in order to ascertain the weight of the hay or other articles loaded thereon, and shall furnish the person who shall apply to have such hay or other articles weighed with a weigh-note, subscribed by such weigh-master with his name, specify- ing the weight of such hay or other articles. § 6. And he it further ordained, That if any owner or seller of hay, after the same has been unloaded, shall refuse or neglect to have his wagon, cart or sled weighed, in order to ascertain the nett weight of his load of hay, upon request of the purchaser, or some one in his be- half, made before or on delivery of the load, and the said purchaser paying the fee, shall be subject to a penalty of two dollars. § 7. And he it further ordained, That no weigh-note, given for the weight of hay, shall continue in force longer than one day ; and any person who shall sell, or offer for sale, any hay which has been weighed more than one day previous to the sale thereof, or to such offer to sell, shall be subject to the penalty of one dollar ; and the weigh-note shall 69 be delivered to the purchaser of the load on his request, or on request of the person receiving’ such load for the purchaser, under penalty of one dollar for every refusal. § 8. And be it further ordained, That the weigh-master shall certify, on every weigh-note of hay, the quality thereof, designating whether first, second or third quality. § 9. And be it further ordained, That the weigh-master shall de- mand and receive the sums by this law required to be paid, before such wagon, cart, sled, hay or other articles, which shall be weighed in the scales, machine or engine, as before described, shall be removed there- from : and that, if the weigh-master shall neglect or refuse to do or per- form any of the duties required of him by this law. or shall demean himself partially or corruptly in the execution thereof, he shall forfeit and pay one dollar for every offence, besides compensating the party injured for the damages he may sustain thereby. § 10. And be it further ordained, That if any wagoner, cartman or sledman shall apply to the said weigh-master to weigh his wagon, cart or sled, the said weigh-master shall weigh the same and shall enter the weight thereof in a book to be kept by him for that purpose, and shall mark on some conspicuous part thereof, with a marking iron, the weight of the same, the said owner or applicant paying therefor three cents for marking the said wagon, cart or sled, to the said weigh-master. §11. And be it further ordained, That the weigh-master to be ap- pointed as aforesaid, shall present to the city treasurer, on the first days of August, November, February and May, in each year, (unless either of said days shall happen to be Sunday, and then on the next day,) an account, in writing, of the number of loads of hay or other articles, and of the number of empty carriages of every description weighed by him for the preceding three months, and shall forthwith pay over to said treasurer the fees received for such services, he being allowed to retain in his hands, as his compensation for his services, two-thirds of the mo- ney received by him for weighing any loaded wagon, cart or sled, to- gether with the sum of six cents for weighing every empty wagon, cart or sled. § 12. And be it further ordained, That if any person shall falsely and knowingly, fabricate, alter or make any weigh-note, or any endorse- ment thereon, or shall knowingly alter the same, with intent to defraud any purchaser or other person, or shall alter or pass any true weigh- note as the weigh-note of any hay, merchandize or other article, for which the said weigh-note was not in fact given, with intent to defraud 70 any person, the offender against any of the provisions of this section shall forfeit and pay a penalty of five dollars for each offence, besides being subject to the person defrauded for damages. § 13. And be it further' ordained, That if any person shall sell or of- fer for sale, or shall request to be weighed, any hay, in which any im- proper substances may be placed, or any improper device shall be used to increase the weight thereof, the person so offending shall forfeit and pay a penalty of five dollars. A LAW for suppressing Gaming Houses , and for the suppression of vice and immorality. Passed June £0, 1833. 1. Servile work, and buying, selling, or exposing for sale, goods, &c. on Sunday, prohibited. Fish and milk may be sold during certain hours. This law not applicable to certain persons. 2. Disposing of goods, &c. by gaming, setting up the same, keeping in- struments for gaming, and suffering apprentices, &c. to play thereat, prohibited. Penalty. — Power of mayor, &c. to suppress and destroy such instruments. 3. Provisions for suppressing cock-fighting. 4. Duty of high constable and treasurer with relation to this law. Be it ordained by the Mayor , Recorder and Aldermen of the city oj Schenectady , in Common Council convened: § 1. That any person who shall, on Sunday, do any servile works, {works of piety, charity and necessity excepted,) or buy or sell, or show forth or expose for sale, any goods, wares or merchandize, or any other thing, shall forfeit a penalty of not less than three dollars, nor exceed- ing ten dollars, for every offence, in the discretion of the court before whom such person shall be found guilty ; but it shall be lawful to sell fish until nine o’clock in the forenoon, and milk until the same hour, and after four o’clock in the afternoon ; and this law shall not apply to any person of any religious sect, who shall prove on trial that such sect observes Saturday as the Sabbath, and that they and their families, ser- vants and agents, abstain from servile work, (except works of piety, charity and necessity,) and from buying, selling, showing forth, or ex- posing to sale any thing on Saturday. n § 2. And be it further ordained , That any person disposing of any goods, or other articles, by gaming with or at cards, dice, billiards, shuffle boards, eo-table, pharo bank, keno table, pin alley, or other ma- chine, device, or contrivance for gaming, or setting up such goods or other articles, to be raffled or played for, and any person keeping any such instrument, machine or device for gaming, as is above mentioned, for hire or reward, or whereat or wherewith money, liquor, or other articles, shall have been and are allowed to be played for, and if any person shall keep or have in his possession, or under his control, any such instrument, machine or device, and shall permit any apprentice, minor or servant to play thereat or therewith, such person offending against either of the provisions of this section, shall be subject to a pen- alty of not less than ten nor more than twenty-five dollars for each of- fence. And it shall be lawful for the mayor, recorder, or any alderman or justice of the peace of this city, and any person in his or their aid, after the first conviction for either of the above offences, to enter into any house or other building, yard or lot, and to suppress, destroy or re- move, any such instrument, machine or device for gaming aforesaid, which shall there be found, and if any person shall hinder or obstruct the said mayor, recorder, alderman or justice, or any aid or assistant, in the execution of the duty aforesaid, such person, so hindering or ob- structing, shall forfeit and pay a penalty of ten dollars, besides being answerable for any further legal suits or prosecutions. § 3. And be it further ordained , That no person or persons shall al- low any house or other building, situate within the police district of this city, or any part of such house or building over which he, she, or they have or has control, to be used, or shall knowingly hire or lend out any such house or other building, or any lot or part of a lot, situate within the limits aforesaid, for a cock-pit or place for fighting cocks ; nor shall any person be concerned, either as principal, partner or agent, in getting up, causing or assisting at any cock fight had or fought with- in the said police district, on which cock fight any stake or bet made by any person whomsoever shall be deposited or laid, under penalty of not less than ten dollars, nor more than twenty-five dollars, for each and every offence against either of the provisions of this section. § 4. And be it further ordained , That it shall be part of the official duty of the high constable to see that every part of the foregoing law is enforced, and of the treasurer, to allow his name to be "used in any prosecutions for any penalty under the same law, whenever the high constable shall complain, and the attorney of the board shaft believe a recovery probable. 72 A LAW for regulating the Public Market. Passed June 20, 1833- § 1. Market-houses established. Butchers and victuallers subject to the following regulations : 1. License to sell to be obtained annually by butchers and victuallers j who to be considered such. — Penalty. 2. Sales of meat confined to market-houses during certain hours, ex- cept on Saturdays. 3. Stalls ; how to be allotted. 4 . Supply of stalls ; each confined to his own stand. 5. Persons applying, how to be served. Penalty for concealment. 6. Forfeiture for exposure of unwholesome meats, &c. 7. Superintendent to have access to closets, &c. 8. Cellars, tables, &c., floors of market-house and street, how to be kept ; filth, offal, &c. to be removed. 9. Forestalling prohibited. 10. Mutton or lamb, how to be cut and brought to market ; calfskins only to be brought into market. 11. Dogs, live sheep. &c. not permitted in market. 12. Agents, apprentices, &c. subject to penalties of this law ; liability of principal. 13. Penalties for use of indecent language, &c. 14. Selling on Sunday prohibited. 15. Meats to be weighed, and how. § 2 and 3. Superintendent, his appointment, report and fees. § 4. Streets adjoining market to be cleaned weekly by butchers ; superin- tendent to enforce this provision. Be it ordained, by the Mayor , Recorder and Aldermen, of the city of Schenectady, in Common Council convened: § 1. That the market-house or houses, and out stall or stalls, now or hereafter established by the said common council, shall be the market of the said city, and the butchers and victuallers residing within the jurisdiction of this common council, shall be subject to the regulations following, to wit : 1. Any person exercising the trade of a butcher or victualler, within the jurisdiction aforesaid, shall be previously licensed, once in each year, by the mayor, with the consent of the common council, paying 73 ifor 1 each license, when the same shall be granted, such sum as the com- mon council shall from time to time previously direct ; the same to be paid over by the mayor to the treasurer ; and for every offence in sell- ing without such license, such butcher or victualler shall forfeit two dollars and fifty cents ; and that any person selling any meat less than by the quarter, (venison, wild game, dried, smoked and salted meats, and poultry, excepted,) within the jurisdiction aforesaid, shall be deem- ed a butcher or victualler, within the meaning of this law. 2. That the said market-house or houses, stall or stalls, shall be the only places for selling or exposing for sale any meat, (venison, wild game, dried, smoked and salted meats, and poultry, excepted,) by any licensed butcher or victualler of this city, between daybreak and two o’clock in the afternoon, from the first day of May to the fifteenth day of November, in each and every year, under the penalty of five dollars for each and every violation thereof ; and no meat or meats shall be sold or exposed for sale in the said market-house or houses, stall or stalls, after two o’clock in the afternoon, (except on Saturdays^) under the penalty of two dollars for each and every offence. 3. Stalls in said market-house or houses shall, from time to time, be allotted or assigned to each licensed butcher or victualler, by the mar- ket committee of the common council, in such mode as said committee shall deem proper ; but such allotment shall only authorise the persons to whom a stall shall be allotted to carry on the business of a butcher or victualler, subject to this law, and such other regulations as the com- mon council shall prescribe, and shall be subject to revocation by the said committee, or the common council. 4. Every butcher or victualler shall supply his stall with a plentiful supply of good meats, and in case of neglect for three days successive- ly, without a written permit from the mayor for that purpose, he shall incur and pay a fine of two dollars, and on a second offence of the like nature, he shall forfeit his license ; and no butcher or victualler shall cut or expose any meat, except at his own stall or stand, upon penalty of forfeiting one dollar for the first offence, and on conviction of the se- cond offence, shall forfeit his license. 5. The person first applying for meat shall be first attended to and served with the cut he may ask for, if a usual one, and one not sold ac- cording to the provisions of this law, any pretence of prior engagement of sale notwithstanding, and all meat shall, also, be openly exposed, and not concealed from view, under penalty that the person offending here- K 74 in, in any respect, shall forfeit, for the first offence, one dollar, and fof the second, his license. 6. Any butcher, or victualler, or other person, selling, or exposing for' sale in the market-house or houses, or in any other place within the jurisdiction of this common council, any unwholesome, stale, emacia- ted, blown, stuffed, tainted, putrid or measly pork, meat, or poultry, or other provisions, or any flesh of any animal dead by accident or disease, or known or suspected to be diseased at the killing of the same, shall' forfeit three dollars for each offence, and upon a second conviction shall forfeit his license, in addition to said penalty ; and said meat, pork,* poultry, flesh or provisions, so exposed, shall, without delay, upon view of the mayor or recorder, or any alderman, or upon complaint, under oath, before them, or any of them, be seized and destroyed. 7. Every butcher or victualler in the said market-house or houses, stall or stalls, shall, at the request of the superintendent of the market hereinafter mentioned, at any time during market hours, open any chest, closet or drawer, or other place,, which the said butcher or victualler may erect or have, under or about his stall, which the said superintend- ent may reasonably suspect to contain meat or other things not allow- ed to be brought into the said market-house or houses, stall or stalls, under the penalty of one dollar fof each refusal. 8. Each butcher and victualler shall keep his cellar in said market or markets, stall or stalls," and the table of his stall or stand, and the block belonging thereto, or the place where his meats may be, clean and free from filth and dirt, and shall also sweep and keep clean the floor of the market-house, opposite to and under his stall, to the centre there- of, if any other butcher’s stand opposite to him in the market-house and if not, to the street, on every day of the week, (Saturdays and Sundays excepted.) He shall, after market hours, and by two o’clock in the afternoon, cause all filth, dirt, remnants, bones, and other impro- per substances, to be removed and carried away, under the penalty of one dollar for each offence ; and no remains of any carcase, and no bones, offal, dung, or other nauseous or improper substance, shall be’ cast or thrown in or about the market-house, or be suffered to continue near or opposite any stall or stand, under the penalty of one dollar for every offence. 9. Any person, by himself, or his agent or servant, guilty of forestal- ling, regrating or engrossing any poultry, lamb, mutton, pork, veal, beef, venison, eggs, fresh fish, butter, or other victuals, within the ju- risdiction aforesaid, shall forfeit, for every offence, two dollars. 75 10. No mutton or lamb shall be brought into market, or be sold, un- less that part of the leg directly below the joint of the knee and hock be cut and taken from such mutton or lamb, nor shall any untried fat, commonly called gut fat, nor the head, feet or trotters of any sheep or lamb, unless the same shall be skinned or properly cleansed, nor any hide or skins, (except calfskins,) be brought into the market by any butcher or victualler, or any other oerson, under the penalty of one dollar for every offence. 11. No dog owned by any butcher or victualler, or his servant or ap- prentice, shall be kept, or suffered to run in or about the market, under the penalty of one dollar for every offence ; nor shall any live sheep, lamb or calf, be suffered in or about the market, under a like penalty. 12. That in every case where the agent, apprentice, labourer or ser- vant, of any butcher, victualler, or other person, shall transgress any part of this law, he or they so offending, or his or their master or em- ployer, shall be liable to the payment of the penalties prescribed in this law ; and every butcher or victualler who shall fail to pay, or cause to be paid, any penalty imposed by any part of this law, upon himself, his agent, apprentice, labourer or servant, at the time the same becomes legally due, shall forfeit his license, provided he has notice of the non- payment of such penalty.. 13. No butcher or victualler, or his agent, apprentice, labourer or servant, shall, during market hours, in or about the market-house, be guilty of using any lewd, obscene or indecent language, in the hearing of, or be guilty of making any insulting gestures at or towards any per- son who shall be peaceably passing through or by the market, under the penalty of one dollar for each offence ; and in case any butcher or vict- ualler, or his agent, apprentice, labourer or servant, shall be twice found guilty of violating this regulation, for every subsequent violation, in ad- dition to the above penalty of one dollar, if the offence was committed by a butcher or victualler, he shall forfeit his license, and if the offence was committed by the apprentice, labourer or servant of any butcher or victualler, such agent, apprentice, labourer or servant, shall be sus- pended from employment in every market and stall of this city, for such time as the superintendent of the market shall appoint, not exceeding one month for each subsequent offence, under penalty of a forfeiture of the license of any butcher or victualler by whom he may be employed, and the said superintendent shall forthwith put up, in writing, in every market-house of this city, the names of those suspended, and the time when, and the terms for which they were so suspended. 76 14. No butcher or victualler, or other person, shall be allowed to sell, in the said market-house or houses of this city, on Sunday, under penal- ty of one dollar for the first offence, and a forfeiture of license for the second offence. 15. All meat sold in the said market-house or houses of this city shall be previously weighed in a scale, by weights properly sealed, and in case of any fraud committed in weighing any meat, or in case of meat sold not being weighed as aforesaid, the person offending shall forfeit two dollars for each offence. § £. And be it further ordained , That on the first Tuesday in May, and oftener if necessary, in every year, from and after the passing of this law, a person shall be appointed by this board, to be called and • known by the name of the superintendent of the market, whose duty it shall be to see that all the provisions of this law are carried into effect, report in writing to the mayor, every Monday in each week, the names of all persons who may have committed any offence or offences against this law, on any day in the week preceding such report, the nature of the offence, and also his proceedings against the offender or offenders, that the same may be by the mayor laid before the common council at their first meeting thereafter. § 8. And be it further ordained , That it shall be the duty of the said superintendent of the market to collect and receive from every butcher or victualler, for all meat brought into the said market-house or hou- ses, stall or stalls, by them, or either of them, their servants, appren- tices or agents, between the first day of May and the fifteenth day of November in each year, the following fees, to wit : For each quarter of beef, - - - - 4 cents. For each calf, sheep, or lamb, - - - 3 cents. For every hog, shoat or pig, above 14 pounds weight, - 6 cents. Which fees shall be paid by the said superintendent on the first day of each month, unless such day be Sunday, and then the next day, to the city treasurer, accompanied with an account in writing, of the number of quarters of beef, of calves, sheep, lambs and hogs, shoats or pigs, respectively, for which he has received said fees. § 4. And be it further ordained, That the licensed butchers in the market or markets, stall or stalls, shall, once in each week, remove the dirt and filth that may lie between the market-house and the middle of the street opposite thereto, during their continuance in the market, and in default thereof, every one of them shall incur a fine of one dollar for each offence, to be recovered of them severally, according to law, and 77 the superintendent of the market is specially enjoined to carry into ef- fect the provisions of this section. A LAW relative to the appointment of JMayor, Passed June 20, 1833. 1. Time and mode of appointment of mayor. 2. Same in case of non-acceptance or failure of election — Proviso. Whereas the constitution of this state provides that mayors of all the cities of this state shall be appointed annually, by the common councils of the respective cities : And whereas it is proper that the mode of making' such appointment should be determined before the appointment is to be made : Therefore, Be it ordained , by the Mayor, Recorder and Aldermen, of the city of Schenectady, in Common Council convened : § 1. That at least a quorum of the said common council shall, on the third Tuesday of December in each year, at ten o’clock in the forenoon, assemble in the common council room , for the purpose of appointing a mayor of the said city, and there, by ballot, proceed to make such ap- pointment, and that the person having the majority of votes of the members so assembled, shall be the mayor of the said city for the year ensuing the first day of January next thereafter, provided he accepts such appointment within two days after notice thereof. § 2. And be it further ordained, That in case the person so appointed mayor does not accept the appointment, or in case no person shall, on the day the common council shall assemble for the purpose aforesaid, receive a majority of the votes of the members so assembled, the said common council shall, on some future day to be by them appointed, make such appointment, by voting by ballot as aforesaid, and so from time to time, until a mayor shall be appointed by such majority, who shall accept the said office : Provided , however, that if the office shall not be filled until after the first day of January in any year, the term of office shall still be deemed to commence on the first day of January in every year. 78 A LAW to prevent injuries by fire 9 and for other pur- poses. Passed June £0, 1833. 1. Inspectors of chimnies ; their appointment and duties. Penalty for non- performance of duties ; same on inhabitant for not complying with provisions of this section. 2. Inspectors to examine minutely as to fire-buckets, cleansing of chim- nies, &c.. and compliance with his directions ; delinquents to be reported to ci- ty treasurer. 3. Stove pipes, how to be put up. 4. Penalty for suffering chimnies to take fire, on owner or tenant of house, &c,, and, in certain cases, on inspector. 5. Fire-buckets to be provided and kept in repair. 6. Mayor, recorder, akleimen and fire-wardens to wear sashes on occur- rence of fires ; their duties and powers at fires. 7. Hay, &c. in stacks not to be kept near any house having a chimney, hearth or fireplace. 8. Ovens, how to be secured. 9. Bams, &c. to be closed at night ; lanterns to be used in them ; smoking in same prohibited. 10. Hay, or other combustibles of a like nature, not to be put or left in streets. 11. Firing guns, rockets, &c. prohibited. Regulation as to smoking a- mong shavings, &c. and carrying fire. 12. Making fire in streets and yards prohibited, unless by consent of mayor, &c. 13. Regulation as to carpenters’ shops and yards, &c. 14 . tJnslacked lime, how to be secured. 15. Every dwelling-house or store to be furnished with scuttle or ladders. 16. Engine companies to be organized ; captains, how to be chosen and commissioned ; their duties and powers. 17. Duty of engine companies at fires. — Penalty for absence or neglect of duty. 18. Engines to be cleaned monthly. 19. Badges to be procured and worn by firemen and captains, when on duty. 20. Penalty for violation of this law by firemen. 21. Hook, ladder and axe company instituted ; their duties. — Penalties. 22. Implements of H. L. and A. company, how and where to be kept ; paonthly meetings to be held ; duty of captains. $3. Members, how to be equipped. 24. Hose company instituted ; members considered firemen ; their duties, Penalty for injuring hose. 25. Duty of common council and fire-wardens on occurrence of fires. 26. Duly of possessors of fire-buckets on occurrence of fires. 27. Chimney sweepers to be licensed ; regulations respecting them. 28. Fire-wardens to be appointed ; their duties and powers .-^29. To meet tvith engine companies, &c. inspect and report their condition. City clerk to furnish list of members of each company to fire-wardens. 30, 31, 32. Blacksmiths’ shops, &c. how to be constructed. 33. Penalty for violating provisions of last three sections. Be it ordained by the Mayor , Recorder and Aldermen of the city oj Schenectady , in Common Council convened i § 1* That an inhabitant of the said city shall be appointed in each of the wards thereof, who shall be called an inspector, and who shall re- ceive a certificate of his appointment, under the hands of the mayor, to which the city seal shall be affixed, an4 way to it on a safe ladder, to reach the eaves of the said house, and an- other to reach from the said eaves to the ridge of the roof, with hooks to secure it to the said roof, under penalty of five dollars for each and every fortnight’s neglect or refusal to provide the same. § 16. And be it further ordained , That to each fire engine belonging to this corporation, except engine No. 3, there shall be attached a com- pany of not less than twenty able bodied men, being inhabitants of this city, and to said engine No. 3, a company of not less than seven men ; and that from time to time, whenever the office of captain shall become vacant, each company, at the first stated meeting thereafter, shall elect, by ballot, a person who is a fireman of this city, as captain of said com- pany, who shall hold his office during the pleasure of the common coun- cil ; and it shall be the duty of the fire-warden in whose ward a vacan- cy shall occur, to be and preside at such election, and receive the writ- ten or printed ballots of said company, and the person being an inhabi- tant and a fireman as aforesaid, and having the greatest number of votes, shall be declared elected ; and it shall be the duty of the fire- warden, immediately after such election, to report, in writing, to the mayor of this city, the name of the person having the greatest number of votes, and the said mayor shall thereupon commission the said cap- tain, under his hand and the seal of this city ; and it shall be the duty of the said captain so elected and commissioned as aforesaid, in con- formity to the directions of the mayor, recorder and aldermen, and of the fire-wardens hereinafter named, to superintend and direct his com- pany upon all occasions when it may meet for duty, to see that the en- gine houses are swept at least once a month by his company, whose duty it shall be to obey his orders for that purpose, under penalty of one dollar upon any individual who may disobey him, to report to the cor- poration those who may be absent from the meetings of the company, or who may infringe any of the regulations from time to time made by this board relative to firemen. § 17. And be. it further ordained , That the firemen within the said limits for the time being, shall, when and as often as accidents by fire shall happen, by night or by day, with all possible expedition, repair to their respective fire engines and the tools and instruments provided for the extinguishing of fires within the said limits, and convey them to the place where such accidents by fire shall happen, and there, under and by the direction of the mayor, recorder, aldermen and fire-wardens hereinafter mentioned, or such of them as shall attend at the said fire, with the utmost skill and diligence in their power, work and manage Zb the Said lire engines and such tools and instruments for the speedy ex tinguishment of such fire, and when such fire is extinguished, shall re- turn the said fire engines, tools and instruments aforesaid, first careful- ly examining the same, that they are in good order and repair and rea- dy for immediate use, to the places provided for depositing the same ; and that neither the said fire engines, or any of the tools or instruments for extinguishing fires, provided by this corporation, shall in any wise or at any time, be applied to private use, without the order of the com- mon council, under penalty of one dollar for each and every offence ; and that if any fireman shall absent himself from any such fire, or shall neglect or refuse to aid in extinguishing such fire, by working or man- aging such fire engine, tools or instruments, without reasonable cause, he shall forfeit the sum of two dollars for every neglect or refusal. § 18. And he it further ordained , That the said firemen shall, at least once every month, whenever the season of the year will admit thereof, and at such other times as they shall be required by the common coun- cil, or by the mayor, or any three aldermen of this city, or the said fire- wardens, draw the said fire engines to such place as he or they shall di- rect, wash and cleanse the same, and keep the said fire engines in good order and condition, and return the same to the engine house, ready for immediate use. § 19. And he it further ordained, That it shall be the duty of the sev- eral firemen, forthwith to furnish themselves, at their own expense, with an appropriate badge of distinction, consisting of a hat or cap, painted with white paint, with the figures, viz: No. 1, 2, 3 or 4, having reference to the fire engine to which they may respectively be- long, and also a white linen or hemp frock coat, reaching to the knee, having a standing collar, with one button and button hole thereto, and four other buttons and button holes below said collar, to close the same ; and it shall also be the duty of the captain of each of the engine compa- nies to wear on his right arm a black ribbon, sewed fast to the sleeve of the coat, in the shape of the letter V, the number of stripes to corres- pond with the number of his engine. The captain of the hook, ladder and axe company to wear on his right arm a black ribbon, in the shape of a ladder, and the captain of the hose company to wear on the right arm a black ribbon, in the shape of a diamond, which badges the said captains and firemen are hereby required to wear whenever on duty as firemen out of their engine house, and that in case of neglect or refusal, each of the said captains and firemen shall forfeit the sum of two dol- lars for each such neglect or refusal, and moreover, forfeit liis station as a fireman. § 20. And be it further ordained , That if any fireman shall, at any time hereafter, neglect or refuse to perform any of the duties enjoined on him by this law, (other than those for which specific penalties are herein provided, ) such fireman so neglecting or refusing, shall, for eve- ry such neglect or refusal, forfeit and pay the sum of one dollar, and that whenever any fireman shall be convicted of three several neglects or refusals successively, to perform any of the duties enjoined on him by this law, such fireman shall be struck out of the register of firemen, and another person appointed in his stead. § 21. And be it further ordained, That fifteen discreet, able bodied men, being inhabitants of this city, shall be appointed by the common council, for the better extinguishing of fires, to be called the “ Hook, Ladder and Axe Company,” who shall, under the management and di- rection of a captain and one assistant, to be chosen and commissioned as the captains of the fire engine companies are herein directed to be chosen and commissioned, and who shall hold their office by the same tenure, take charge and have the care, management, working and using of the fire hooks, ladders, axes and other tools and instruments, (except the fire engines and hose,) provided for the extinguishing of fires ; and that all the members of the said company shall, whenever any fire may happen, repair without delay to the place of danger, with their tools and instruments, and under the direction of the mayor, recorder, aider- men and firewardens of this city, or any three of them, cut. pull down and carry away, any building, erection or fence, and use their hooks, ladders, and other tools and instruments provided as aforesaid, in the best manner, for the purpose of checking the progress of the fire, and every default or refusal in the premises shall subject the offender to a fine of ten dollars ; and further, if any of the said company shall wilfully break down, deface or injure any staircase, chimney piece, door or other fixture, inside of any house, during any fire, without the consent of the owner or occupant, or the mayor, recorder, aldermen and fire-wardens as aforesaid, he shall be subject to a penalty of ten dollars. § 22. And be it further ordained , That the said fire hooks, ladders, axes and other tools and instruments provided for the said company as aforesaid, shall be kept in some safe and convenient place, to be desig- nated by the common council, and the said fire hooks and ladders shall be placed on carriages provided by the common council, so that they may be transported to any part of the city, when required for that pur • 87 pose ; and the said company shall meet once a month, at the place where the said tools and instruments are required to be deposited, and the captain or assistant shall examine the state and condition of the said tools and instruments, and shall cause them to be kept in a state fit for use in case of accidents by fire, and the captain or assistants shall note all absentees from fires, or from the monthly meetings, and report them to the common council, and those absent in cases of fires which may happen in this city, shall be subject to a fine of two dollars and fifty cents. § £3. And be it further ordained, That all the members of the hook, ladder and axe company shall be equipped at their own expense, when- ever on duty, with a hat or cap painted white, and having painted there- on, in black, an axe, hook and ladder, under penalty of one dollar for every omission. § £4. And be it further ordained , That there shall be organized, with- in the limits of the first and second wards of this city, a hose company, to consist of six persons, one of whom shall be captain, to be chosen and commissioned as the captains of the fire engine companies are herein before directed to be chosen and commissioned, which company shall be firemen, and under the same restrictions, penalties and regulations as the other firemen of this city ; and it shall be their duty, on the alarm of fire, to repair to the place of the fire as soon as possible, together with all the hose belonging to this city, placed on a vehicle to be pro- vided for that purpose by the corporation of this city, and to screw the said hose together and work the same, under the direction of the may- or, recorder, aldermen and fire-wardens of this city ; and it shall also be their duty to be and remain near and about the said hose, and in case any accident should happen, or the hose should break, it shall be their duty to repair and fix the same as soon as possible ; and the said com- pany shall, as often as twice in each year, and oftener, if required by the fire-wardens, grease or slush the said hose, and keep the same in good order for immediate use ; and if any person or persons shall, wil- fully, step on, or injure, or disturb the said hose, while in use, he or they shall be liable to a fine of two dollars for each and every offence. § £5. And be it further ordained, That when any alarm of fire is giv- en, it shall be the duty of the members of the common council and the fire-wardens, to attend, with their sashes, and from time to time give such orders as may to them appear necessary, and when required, to repair to such place as the mayor, or in case of the absence of the may-- or from the fire, the recorder for the time being may order, for the pur* pose of consultation. § £6. And he it further oi-dained, That whenever any accident by fire shall happen, within the limits aforesaid, every person possessing any leather bucket or buckets, shall, without delay, place the same in the street, opposite to his or her house, or cause the same to be conveyed to the place where such accidents by fire shall happen, and that every person neglecting, delaying or refusing so to do, shall, for every such neglect, delay or refusal, forfeit and pay the sum of one dollar. § 27. And he it further ordained , That the mayor of this city shall license so many proper persons as he may think fit, for the purpose of sweeping the chimneys therein, and if any person licensed as a chimney sweeper, within the limits aforesaid, shall neglect or refuse to sweep any chimney within the said limits for the space of forty-eight hours af- ter he shall have been personally notified to sweep the same, or after notice for that purpose shall have been left at the usual place of his resi- dence, with any person of the family of or above the age of sixteen years, the person so neglecting or refusing shall, for every such neglect or refusal, forfeit and pay the sum of one dollar, and that if such chim- ney sweeper be a servant, his master or mistress shall be subject to the like forfeiture for his neglect or refusal ; and no person not licensed as a chimney sweep shall sweep any chimney for hire, under penalty of two dollars for every offence. § 28. And he it further ordained, That a person shall be appointed in each ward as a fireman, and not attached to any of the companies afore- said, who shall be called a fire-warden, who shall be commissioned by the mayor, under his hand and the seal of this city, and hold his office during the pleasure of the common council, whose duty it shall be, on any alarm of fire, to repair, forthwith, to the place of fire, and remain near the same, and superintend and give directions to suppress it ; audit shall be the duty of all firemen, and members of the hook, ladder, and axe company and hose company, to obey the directions he or they shall re- ceive from such fire-warden, if practicable, under penalty of five dollars for every neglect or refusal ; the fire-warden of the ward in which the fire may be, if at the fire, to have superiority of command. § 29. And he it further ordained, That it shall be the duty of the said fire-wardens, at least once in every three months, and oftener, in case they deem it expedient, not exceeding twice a month, to meet with the several companies above mentioned and carefully examine the several fire engines and other tools and instruments belonging to the said com- 89 panics, and report, in writing, their state and condition, and all neces- sary alterations and improvements in the fire department of the city, to the common council, and to inspect the members of the said compa- nies, and report those who are deficient in their badges, and also the ab- sentees from the said meetings ; and the captains of the several compa- nies above mentioned are hereby required to give notice to the said fire- wardens of the time and place of their stated meetings, which time the said fire-wardens shall have a right to alter, in case any two companies have fixed their meetings for the same day, and said captains and com- panies shall submit their fire engines and other tools and instruments for the extinguishing of fires, and badges, to the examination and in- spection of the said fire-wardens, and the clerk of this city shall deliver to each of the said fire-wardens a certified list of the members of each of the said companies, in order that he may ascertain the absentees from the said meetings. § SO. And whereas, in the opinion of this common council, the regu- lations hereinafter made, relative to blacksmiths’ shops, coppersmiths’ shops, furnaces and nail manufactories, within this city, would greatly tend to the safety of the citizens, against accidents by fire : Therefore, Be it further ordained , That no blacksmiths’ shop, coppersmiths’ shop, furnace or nail manufactory, hereafter to be erected within this city, shall be of less size than twenty -five feet by twenty feet, and nine feet in height, between the floors, with a ground floor, and that if any such shop or manufactory aforesaid shall hereafter be erected, of a less size than is herein before mentioned, or without having a ground floor therein, and shall be used in carrying on the business of a blacksmith, coppersmith, furnace or nail manufacturer, the person or persons who, or whose servants or agents shall use the same for any or either of the purposes aforesaid, shall, for every day that the same shall be so used, forfeit and pay the sum of one dollar. § 31. And be it further ordained , That from and after the passing of this act, as well such shops and manufactories as may be hereafter erect- ed, as all such shops and manufactories as are already erected, before the same shall be used for any or either of the purposes aforesaid, shall be lined with brick or stone, as high as the plate or floor, on both sides thereof, and at the end fronting the fire place, which fire place, where one or more bellows is or are made use of, shall be erected with a back of brick or stone, not less than seven feet wide, with a flue over each bellows, to begin about eighteen inches above the pipe of the bel- lows, which flue shall not be less than twenty-four inches in breadth , M 90 and shall project forward at least nine inches, at the height of not more than three feet from its entrance, and shall be contracted to the size of ten inches by five inches, at which height, from the entrance thereof, such flue or flues shall be conducted into a chimney, no part of which shall be of a less size than fourteen inches by nine inches, and shall be raised five feet above the roof of such shop or manufactuory, and covered over or closed at the top with brick, sheet iron or tin, with four holes in such chimney, about twelve inches below the top, each of which holes shall not be of a less size than nine inches by seven inches, and shall have plates of tin or sheet iron fixed therein, with holes punched therein, in form of a lantern : Provided always, that any chimney in any such shop or manufactory already erected, as shall, by this common council, be judged sufficiently safe without having a flue fixed therein, shall and may be used for any or either of the purposes aforesaid, upon the owner or proprietor of such shop or manufactory having obtained a written per- mit for that purpose, signed by the mayor or recorder, or any two of the aldermen. § S£. And be it further ordained , That no cellar under any blacksmith shop, furnace or nail manufactory within the said limits, shall be used for the purpose of keeping coals or other combustibles therein, unless the floor of such shop or manufactory be covered with mortar, made of lime, or sand, or blue clay and gravel, to the depth of three inches, and a new floor laid over the same, in as close and secure a manner as pos- sible u § 33. And be it further ordained , That if any such shop or manufac- tory shall be used for any or either of the purposes aforesaid, without being constructed and secured in the manner directed in and by the two last preceding sections of this law, the person or persons who, or whose servants or agent shall so use the same, shall, for every day that the same shall be so used, forfeit and pay the sum of one dollar. ■oo A LAW relating to the City Physician . Passed June £0, 1833. 1. City physician to be appointed ; compensation ; to visit and prescribe" for certain paupers. — Proviso. 91 2. To report to common council and attend meetings when requested. 3. Provision as to innoculation of paupers with kine pock. Be it ordained, by the Mayor, Recorder and Aldermen of the city of Schenectady, in Common Council convened : § 1. That a physician shall be appointed, during the pleasure of the common council, with such allowance for his services as they shall deem reasonable, whose duty it shall be to attend the sick city paupers not in the alms-house, to visit them as occasion shall require,' and administer to them such medical assistance as they may need, and to direct the manner in which they ought to be treated and how accommodated dur- ing their sickness : Provided always, that the said physician shall, from time to time, advise with and obtain the approbation of the board of magistrates, or of the common council, relative to the mode of treat- ment and the accommodation to be provided for the sick, so that the same may not be rendered unnecessarily expensive. § 2. And be it further ordained, That it shall be the duty of the said physician monthly to make report, in writing, to the common council, of the health of the paupers, and to recommend to their consideration such measures, in relation to the paupers, as he may deem advisable, to attend the meetings of the common council, when they shall request the same, and give them such information as may be required, touching or connected with the duties of his office. § 3. And be it further ordained, That the said physician shall keep himself supplied with genuine kine pock matter, and shall, whenever he is allowed so to do, and thinks it proper, innoculate therewith the said paupers, or any of their family, who may not before have had either the kine or small pox, and shall give proper attendance to the persons so innoculated, until they shall recover from the effects of the disease, for which services the said physician shall receive a reasonable compensa- tion, to be determined by the common CQunpil, on receiving a report of said physician, containing the names of the persons he has so innocu- lated and who took the disease in consequence thereof. 92 A LAW relative to Public Shows , and Theatrical or other exhibitions. Passed June 20, 1833. 1. Shows, &c. within city, except by license from mayor, prohibited. — Penalty. 2. Mayor, &c. may grant licenses ; amount to be received for same. 3. Fees of mayor for granting licenses. The Mayor, Recorder and Aldermen of the city of Schenectady , in Common Council convened, do ordain as follows : § 1. No theatrical or other exhibitions, feats of horsemanship, wire- dance, or public shows of any sort, shall be performed or exhibited with- in this city, nor shall any owner or occupant of any house, out-house, yard or lot, furnish accommodations for any such performance or exhi- bition, without a written license for the purpose, from the mayor, or, in his absence, from the recorder of said city ; and for each and every offence against any or either of the provisions of this section, the per- son or persons so offending shall forfeit the sum of twenty-five dollars, to be recovered with costs, in an action of debt, in the name of the treasurer of this city, in any court having cognizance thereof. § 2. Licenses may be granted by the mayor, or, in his absence, by the recorder of this city, for all, any or either of the purposes mention- ed in the preceding section, for which licenses such sum or sums of money may be exacted and received, as the said mayor or recorder may deem reasonable, not exceeding the sum of ten dollars for any one license. § 3. The mayor or recorder shall be entitled to retain, out of the money received by them for each and every such license, to be granted by either of them as aforesaid, the sum of seventy-five cents, and shall pay the residue thereof to the treasurer of this city. A LAW to repeal certain other Laws. Passed June £0, 1833, Ail previous laws within purview of laws of this date repealed. Law limited in its operation. Be it ordained, by the Mayor , Recorder and Aldermen of the city of Schenectady , in Common Council convened : That all laws passed before the date hereof, which come within the purview or operation of any of the laws passed on the day of the date hereof shall be, and the same are hereby, repealed, from and after the first day of August next, at which time said laws so this day passed shall be in force : Provided, however, that such repeal shall not affect any act, right, suit, matter or thing under, or by virtue of, or in rela- tion to such laws, heretofore arising or existing, but that the same, to such intent, shall be considered in full force and effect. A LAW relating to the Public Pound , Fences, and the running at large of Jlnimals. Passed June £0, 1833. 1. Pound to be maintained; keeper to be appointed ; to take and file pre- scribed oath. 2. Two fence-viewers to be appointed in each ward; to take and file oath; duties, powers and fees of pound-master and fence-viewers. 3. Partition fences how to be made, &c. ; disputes as to same or other fences, how to be decided. 4. A fixed portion of partition fences may be allotted to respective owners. 5. Partition fences adjoining vacant lots, how to be maintained. 6. Height of partition fences, — 7. "When to be deemed sufficient. 8. Power of mayor, &c. to direct the erection of fences. — 9. What to be deemed sufficient service of notices under this law ; where two appointments of viewers are made, first in point of time to be acted under. 10. Horses, cattle, &c. not to run at large. 94 11. Swine not to run at large, except they be ringed. 12. High constable to enforce preceding section. Be it ordained , by the Mayor, Recorder and Aldermen of the city of Schenectady, in Common Council convened : § 1. That a good and sufficient pound for receiving cattle distrained damage feasant, shall be kept and maintained within the said city, and the common council shall annually, and oftener, if necessary, appoint, during their pleasure, a keeper thereof, or pound-mnster, who shall, before he enters upon the duties of his office, take and subscribe the oath of office prescribed in the constitution, before the mayor, recorder, an alderman, or clerk of this city, and file said oath in the office of said clerk. § 2. And be it further ordained, That the said common council shall annualty, or oftener, appoint two fence-viewers in each ward of the said city, each of whom shall also, before he enters upon the duties of his office, take and subscribe the oath of office prescribed by the consti- tution, before the mayor, recorder, an alderman, or clerk of the said ci- ty, and file said oath in the office of the said clerk ; and the said pound- masters and fence-viewers, both severally and jointly, shall possess the same powers and be subject to the same duties, restrictions and penal- ties, and entitled to the same fees, as the pound-masters and fence- viewers of any town in this state are possessed of, subject or entitled to, either severally or jointly, subject, however, to any regulations from time to time made by the said common council, according to law. § 3. And be it further ordained, That all partition fences in this city shall be made and maintained by the owners of the land on each side, each party to make and keep in repair one-half part thereof, when it can be conveniently divided, and if any dispute shall arise concerning the division of the fence between the parties, or what part of it shall be made and repaired by each respectively, or concerning the sufficiency of any such partition fence, or its want of repair, or the sufficiency of any other fence in the said city, every such dispute shall be determined by a majority of any three of the fence-viewers of this city appointed for the purpose by the mayor or recorder of the city ; and where any partition fence cannot be conveniently divided, the same shall be made and kept in repair at the joint and equal expense of the owners of the land on each side ; and if any person or persons who ought to make or repair any part of any such partition fence, shall refuse or neglect to do, it for six days after request made to him, her or them, in writing, to do it, then it shall be lawful for the person or persons who ought to make and repair the other part thereof, to make or repair the whole, under the direction of any two of the fence-viewers of this city, and to reco - ver one half the expense thereof from the person or persons respective- ly who ought to have made or repaired the half of such fence, and who neglected so to do. § 4. And be it further ordained , That it shall be lawful for a majority of any three of the fence-viewers appointed for the purpose by the may- or or recorder, in case of dispute, or for the owners by mutual consent, to establish or designate the particular part or portion of any partition fence which such owner, separately, and not jointly with the other, shall be bound to make, maintain and repair at his own expense, and thenceforth such part or portion shall be deemed the separate fence of the party to whom the same shall be allotted, and in case any such part or portion shall be out of repair, the party who ought to make or repair the same (after request made in the manner and for the time spe- cified in the preceding section, ) shall be liable to pay the whole expense of making or repairing the same unto the other party, who shall make or repair the same, provided it shall be made or repaired, under the di- rection of any two of the fence-viewers of the city. § 5. And be it further' ordained , That no owner or proprietor of any vacant lot shall be compelled to contribute to the expense of any parti- tion fence, until such lot shall be actually inhabited or occupied by such owner or proprietor, or some person under him ; but whenever such lot shall be so actually inhabited or occupied as aforesaid, the party who shall have made the partition fence as aforesaid shall be entitled to sue for and recover from the other party his proportion of the then present value of such fence, to be ascertained by a majority of any three of the fence-viewers to be appointed for the purpose by the mayor or recor- der, provided the whole value of such fence shall not be estimated at more than two dollars per rod. § 6. And be it further ordained , That no partition fence within the police district of this city, shall be less than six feet in height, nor in any other part of the city less than five feet in height, unless the own- ers shall otherwise agree, or unless any two of the fence-viewers of the city, after hearing the parties, shall certify, in writing, that a fence of less height is sufficient : Provided , That nothing in any part of this law contained, shall prohibit any owner or owners of a lot from raising any part of a partition fence to such height as he, she or they may think proper, if done in a strong and substantial manner, and that the excess 96 above the required legal height, be done at his, her or their own ex- pense. § 7. And be it further ordained , That sufficient partition fences in the police district of this city, shall be close fences of wood, and in oth- er parts of the city, shall be rail fences : Provided , however, that the owners may agree that partition fences of different description shall be made between their lots or lands, and in that case, disputes relative to the fences described in such agreements may be decided by fence-view- ers, as disputes respecting legal fences are above directed to be decided. § 8 . And be it further ordained , That the mayor, recorder, or any two aldermen of this city, may direct the owner or occupant of any ground, or any house, shed, stable, or other buildings within the police district of this city, to enclose the same, or such part thereof in the range with any street, by such sufficient fence as the said mayor, recor- der or aldermen shall deem proper, subject, however, to an appeal from such direction to the common council, and in case such direction shall not be complied with, the offender shall forfeit a sum not exceeding twenty-five dollars. § 9. And be it further ordained , That it shall be sufficient service of any notice, required by any preceding part of this law to be served on any owner or owners of any premises, to deliver such notice, directed to such owner or owners, to the occupant or tenant of said premises in any part of this city, or to any other person of suitable age and discre- tion belonging to the family of, or in the service of such tenant or occu- pant on said premises, with a request that such notice should be deli- vered to the said occupant or tenant, for said owner or owners ; and further, when either the mayor or recorder may appoint or select fence- viewers, under this law, the appointment first made shall be the one to be acted under. § 10. And be it further ordained , That it shall not be lawful for the owner or owners of any horse, bull, cow, or horned cattle whatever, to suffer the same to run or be at large in any street or lane of this city, within the police district thereof, except while driving such animal to or from its pasture or watering place, or to or from one enclosure to another, and every person or persons wilfully violating this law shall forfeit and pay a penalty of one dollar for each time that any horse, bull, cow, or other horned cattle of such owner or owners is suffered to run or be at large in any street or lane aforesaid, except as aforesaid. § 11. And be it further ordained, That no swine of any description shall be suffered or permitted to be or run at large in any street, lane or 97 highway of this city, unless such swine be ringed in the nose with strong wire, So as to prevent said swine from rooting, under penalty, upon the owner or owners, of one dollar, for each time any swine is so suffered or permitted to be or run at large in any such street, lane or highway, without being ringed as aforesaid. § 12. And be it further ordained , That it shall be the special duty Of the high constable to attend to the enforcement of the last two pre- ceding sections of this law. A LAW relative to Grocers and Tavern Keepers , and the Licensing of them. Passed July 2, 1833. 1. Application for license, how to be made. 2. Mayor or recorder to submit written applications to common council, who are to take order as to same. 3. License to be sealed, signed and delivered by mayor or recorder, on re- ceiving certain monies and bond. 4. Mayor or recorder to deliver and pay to treasurer such bond and mo- nies, retaining certain fees; to report to common council. 5. Record of applicants, &c. to be kept by clerk. 6. Licenses, when invalid. 7. High constable to ascertain and report violations of excise law. The Mayor, Recorder and Aldermen of the city of Schenectady , in Common Council convened, do ordain as follows : § 1. Any inhabitant of the cityof Schenectady, desirous of receiving a license to keep an inn or tavern, and to sell strong and spirituous li- quors and wines, to be drank therein, or to sell strong and spirituous li- quors and wines, or wines alone, in quantities less than five gallons, not to be drank in the shops, houses, out-houses, yards or gardens of such applicant, commonly called a grocer’s license, shall, in order to obtain such license, signify such desire, together with the place in which he or she proposes to carry on the business of retailing such liquors as aforesaid, and the names proposed as his sureties, in writing, to the mayor, or, in case of a vacancy in that office, to the recorder of the said city, or to the common council, when in session. N 98 § 2. The written application, so received by the mayor or recorder, shall be presented by him to the common council, at the then next meet- ing thereof, that the said common council may take order as to granting the license applied for, and determine the sum required to be paid there- for by the applicant. § 3. The mayor, (or the recorder, in case he shall at the time act as mayor,} shall affix the seal of the corporation to, and sign and deliver the proper license, on behalf of the common council, to such of the ap- plicants therefor, whose application the common council shall see fit to grant, on receiving the sum of money required to be paid for such license, together with the commissioners’ fee for signing the same, and on receiving from such applicant the bond in such case required by law to be given, with such surety as shall have been approved by the common council. § 4. The mayor or recorder shall forthwith deliver to the treasurer of this city all such bonds so taken by him, and also pay to the said treasurer the excise money required to be paid on each license delivered by him, retaining thereout the sum of twenty-five cents for each license delivered by him as aforesaid, and also retaining the fee directed by law to be paid to the commissioners of excise, and shall, at each meeting, report, in writing, the names of the applicants to whom he has deliver- ed a license since his last report, and when the same was so delivered. § 5. The clerk shall procure a book, ruled in columns, with a proper heading to each, in which he shall enter the names of all applicants for licenses to retail liquor, whether as grocer or tavern keeper, the names proposed as their sureties, whether the application was granted' or not, and when, the sum required to be paid for such license, besides the com- missioners’ fee, and when the mayor or recorder has made the report before mentioned, it shall also be entered in said book, when, according to said report, the license was delivered ; and said book shall be kept by said clerk as the minutes of the common council as commissioners of excise. § 6. No license to sell strong or spirituous liquors, or wines, to be granted by the mayor and common council, shall be of any validity, un - less the excise money is paid therefor, nor shall such license be of any validity after the first Tuesday of May following the granting thereof by the common council, nor after the person to whom the same is grant- ed shall cease to be an inhabitant of the city of Schenectady. § 7. It shall be the special duty of the high constable to ascertain and report for prosecution, every psrson who shall in any way violate the provisions of the excise law, or any of them. A LAW to form a Board of Health. Passed July 4, 1833. 1. Board Constituted. 2. Quorum. 3. High Constable to observe directions of board ; City Physician to at- tend, &c. 4. Members to receive compensation. The Mayor, Recorder and Aldermen of the city of Schenectady , in Common Council convened, do ordain as follows : § 1. That the Board of Health for the city of Schenectady, shall hereafter consist of the persons composing the Common Council of said city. § 2. Any three of the members of said Board of Health, together with the Mayor, or in case of his absence from the city, inability, or omis- sion, to attend the meeting of said board, the Recorder of said city shall constitute a quorum, to transact any proper business of said board. §.3. It shall be the duty of the High Constable, to observe such in- structions, and execute such orders, as shall be given him by said board of health ; and it shall also be the duty of the city Physician, to attend the meetings of said board, and communicate such information, and perform such services in the line of his professional duty, as may be re- quired of him by said board. § 4. A reasonable compensation shall be allowed to the said board of health and to their officers and persons employed by them, to be from time to time hereafter determined. Jl Law relative to Weights and Measures , and the du- ties and fees of the Examiner thereof . Passed August 6, 1833. 1. Examiner to be appointed, and to have charge of public standards. 100 2. All weights, &c. to be conformed to legal standard. Examiner to m aite’p eriodicai' inspection . 3. His fees. 4. Weights &c. to be submitted to his inspection. To examine on in- formation. 5. Provision in case measures are found defective dec. 6. Finding of defective scales &c. evidence of use. Principal liable for agent. 7- Oath of examiner. Neglect of duty. 8. Duty as to retailers of milk, fruit, &c. The Mayor, Recorder and Aldermen of the city of Schenectady , in Common Council convened , do ordain as follows : § 1. An examiner of weights and measures for the said city, shall be from time to time appointed by the Common Council, who shall hold his office during their pleasure, which said examiner shall, during his con- tinuance in office, have the possession and care of the public beams weights and measures, regulated agreeable to the law's of this state, and provided or to be provided for his use, at the expense of the said city, for which he shall sign and deliver to the Clerk, to be filed in his office, a descriptive receipt, and the said beam, weights and measures, and other apparatus so provided, shall be delivered by such examiner to his successor, who shall sign and file therefor, a like receipt. And in case such beam, weights or measures, or any of them, shall prove de- fective, be lost or injured without the neglect of said examiner, the same shall be repaired and supplied at the public expense, but other- wise the said examiner shall repair and supply the same at his own ex- pense. § £. No scale beam, weight, measure, or steel-yard (apothecaries’ weights excepted) shall be used or kept by any person for the purpose of buying or selling within the city of Schenectady, unless the same is conformable to law, and duly stamped or marked, or which shall have been duly inspected and corrected, if necessary, under penalty of one dollar for each time any weight, measure or beam is so used without being so stamped or marked, or inspected and corrected ; and the said ex- aminer shall, at least once in every six months and oftener if the common council shall deem the same necessary, visit the markets and all stores, shops and other places within this city, where weights, steel-yards or measures are kept and used, and examine and inspect the same, and al- so all measures delineated or marked upon any counter, desk, seat, or upon any fixture : and in case any scale, scale beam, weight, 101 steel-yard or measure be found not agreeable to law, he shall forthwith cause the person in whose possession or in whose store or shop the same may be, to be prosecuted according to law ; and the said examin- er shall inspect all weights, steel-yards, scales, scale-beams and meas- ures which shall be produced to him, and he shall mark all such as shall be found or made correct and conformable to the legal standard of the state of New-York. § 3. From and after the first day of October next, the said examin- er shall be entitled to the following fees and compensation, that is to say : For the examination or inspection and marking of every scale beam, or steel-yard, twelve and a half cents, for the examination or inspec- tion, and marking measures of extension, at the rate of twelve and a half cents per yard, ; for the examination and marking every weight, three cents ; for the examination and marking liquid and dry measures* if the same be of the capacity of a gallon or more, twelve and a half cents ; if less than a gallon three cents. He shall also be entitled to reasonable compensation for making such weights and measures con- form to the legal standard of said state. But it is hereby expressly or- dained and declared, that it shall be the duty of the said examiner to examine and seal all scale-beams, steel-yards, weights and measures of any[inhabitant of the city of Schenectady, that shall be delivered to him before the first day of October next, for examination at his shop or place of business, and found to be or made by him correct, without any other charge than a reasonable compensation for correcting such of them as may require correction ; and the said examiner shall have a lien on any such beam, weight, measure or steel-yard, until his said fees are paid, and may also prosecute in his own name and recover such fees, with costs, from the possessor or owners of such beam, weight, measure or steel-yard, or the occupant of the store, shop, stall or place in which the same were found or used, or from the person employing the said ex- aminer. § 4. It shall be the duty of every person using weights or measures, or a scale, scale-beam or steel-yard, by or with which he or she, or any person in his or her employ, either weighs or measures for the purpose of buying or selling, to produce and submit to the inspection of the examiner, on demand, at any reasonable hour of the day, every such scale, scale-beam, weight, measure or steel-yard, under penalty of one dollar for the first refusal, and of two dollars for the second refusal, and five dollars for each subsequent refusal. And it shall be the duty of the said examiner to require the submitting of any weight, measure, scale, scale-beam or steel-yard to his examination and to examine the same whenever he shall have reasonable ground to believe, or be in- formed, by the complaint of any credible citizen, that such weights, measure, scale, scale-beam or steel-yard, is or are in use without being correct, or without having been examined and marked. § 5. If upon examination of any scale, scale-beam, weight or meas- ure, it shall not be found to conform to the proper standard, the said ex- aminer shall notify the owner or possessor of such scale, scale-beam, weight or measure, or the occupant of the house or store, or the place where the same was found, of such non-conformity, and thereafter it shall not be lawful to use the same by or with which to weigh or meas- ure, for the purpose of buying or selling, until it be made to conform to the legal standard, or be corrected and marked by the said examiner under penalty of five dollars, for every offence, besides damages to any party aggrieved. § 6. If any scale, scale-beam, weight measure, or steel-yard shall be found not agreeable to the legal standard, in any store, shop or other place where a scale, weights, measures or a steel-yard is or are used for the purpose of weighing or measuring, in buying or selling, the fact of such finding shall be prima facie evidence of the owner or occupant having used the same, and the use of any scale, weight, measure, beam or steel-yard, which by its defects or variance from the legal standard, might prejudice any person, by any clerk, servant, agent or appren- tice, shall render his or her master, mistress or principal, liable for any penalty above prescribed, in the same manner as if such use had been by the master, mistress or principal. § 7. The said examiner shall, before he enters upon the duties of his office, take and subscribe, before the Mayor, Recorder or Clerk of the Common Council, the oath of office prescribed by the constitution, which oath shall be filed in the office of the said clerk, immediately after it shall be so taken and subscribed, and in case of any neglect of duty or mal-practice in the said examiner in his said office, he shall forfeit and pay a penalty of ten dollars for every offence, to be prosecuted for and recovered, as other penalties imposed by ordinances of this Common Council are directed to be prosecuted for and recovered, besides being liable to damages to the party aggrieved. § 8. It shall be the especial duty of the said examiner, to see that all retailers and sellers of milk, beer, ale, cider and vinegar by the gallon, quart or less quantity, and all retailers and sellers of apples, pear*. 10S cherries, strawberries, whortleberries, raspberries or other fruit of any kind, do sell and measure the same by such measures as are prescribed by the laws of the state of New- York, and by the ordinances of this Common Council, and if they do not measure and sell by such meas- ure or measures the said examinershall cause him, her or them so measuring or selling contrary to this ordinance, to be prosecuted ac- cording to law. A Law relating to Officers and their duties. Passed August 16, 1833. 1. City officers to be appointed by the Common Council, and when, &c. 2. Oath of office and compensation of certain officers. 3. 4. 5. 6. 7. Duties of City Clerk prescribed. 8. 9. 10. 11. 12. 13. Duties of City Treasurer. 14. Duties of Marshal. 15. 16. 17. Duties of City Superintendant of streets and highways, 18. Duties of High Constable. 19. High Constable to have the preference as to the service of certain pro" cess, 20. 21. 22. As to the duties of Lamp-lighter. 23. Injury to lamps &c.; penalty for. 24. Provision for lighting lamps erected by individuals. 25. 26. Duties of Regulator of City Clock. 27. 28. 29. Duties of Common Cryer. 30. Duties and fees of Inspector and Measurer of wood. 31. Inspector only to measure wood — penalty — proviso. 32. Accounts of City officers, presentation and allowance of. The Mayor , Recorder and Aldermen of the city of Schenectady, in Common Council convened , do ordain as follows : § 1. The Common Council shall annually appoint, on the first Tues- day of May, as officers in said city, one clerk, one treasurer, one mar- shal, one city superintendant of streets and highways, one high consta- ble, one overseer of the poor, one or more pound masters, four fence viewers, a board of magistrates, to consist of three persons, each of whom shall be either a justice of the peace or an alderman, an attorney and 104 counsel of the board, a city physician, a superintendant of the market, a city printer, and two inspectors of chimneys, who shall hold their of- fices for one year, and until others are appointed in their place, and shall also, on said first Tuesday of May, or at such other time or times as the said common council shall determine, or as shall become neces- sary, appoint an examiner of weights and measures, a weigher of hay, a lamp-lighter, two fire-wardens, so many firemen as they think proper, a regulator of the city clock, a wood inspector, a measurer of lime, and such other measurers, inspectors and guagers as shall be thought ne- cessary, a bell ringer, and a common cryer, each of whom shall hold his office during the pleasure of the said common council. § 2. Each of the said officers, except the bell-ringer and common cryer, so appointed, shall, before he enters upon the duties of his office take and subscribe the oath of office prescribed in the constitution, and file the same in the office of the clerk of the said city, and shall receive such compensation by way of salary or fees, as is allowed by any act of the legislature, or by the said common council, for which they shall severally perform the duties incident to their respective offices, wheth- er prescribed by act of the legislature, by this, or any other ordinance of the said common council. § 3. In addition to the duties imposed upon the clerk, by any act of the legislature he shall preserve and safely keep methodically arranged, all such books, deeds, vouchers, memorandums and papers, the property of the mayor, recorder, aldermen and commonalty of the city of Sche- nectady, or relating to their affairs, which now are in, or hereafter shall come to his hands and possession, as clerk of the common council, and which he shall not have been, or hereafter be directed to hand over to some other officer or person. § 4. He shall deliver to the city treasurer, the map and field books, or notes of all surveys, that now are, or hereafter may be made of the lands, the property of the said mayor, recorder, aldermen and common- alty of the city of Schenectady, and also, all leases, deeds and agree- ments made by, to, from or between the said corporation, and belong- ing to it, to, or from any other person or persons whomsoever, immedi- ately after the execution of such instruments, and take the receipt of said treasurer for the same. He shall also deliver to the treasurer, with- in twenty-four hours after every adjournment of the common council, a copy of every resolution for the payment of any sum of money, and also deliver every original account and its vouchers, if any, which may be presented to the common council, and be allowed, with a memorandum thereon to be made by him of such allowance. 10 * § 5. He shall inform all such persons, that may be appointed to any office or duty by this common council, or who shall be elected to any office within this city, by virtue of any act of the Legislature, and the return of which election shall be made to the common council, or filed in the office of the said clerk, by notice in writing, of such appointment or election. § 6. He shall furnish the chairman of every committee to whom any subject may be referred, with the names of the persons composing such committee, together with all the papers relating to the subject, and with a copy of the resolution for the reference of the subject to such com- mittee. § 7. He shall record all by-laws and ordinances of the common coun- cil, in a separate book from the book of minutes, and shall furnish the printer with a copy of all laws, resolutions or other proceedings of the common council, directed to be published or printed, and superintend the printing of the same. § 8. The person appointed to the office of treasurer shall at or before the next meeting of the common council, which shall be held at least ten days after his appointment, take the oath of office, and submit to the common council, for their approbation, the bond, with such sureties as is required by law to be given by said treasurer, before he enters upon the duties of his office, and in case he neglects to take such oath or give such bond, it shall be deemed a refusal to accept said office, and the common council may thereafter elect another person as Treasurer. § 9. All deeds, conveyances, leases, mortgages, bonds, obligations, notes and assurances for money, given or belonging to said corporation, and all maps, surveys and field books, and other instruments of writing, relating to real or personal estate of the said corporation, (except maps, surveys and field books, relating to streets and highways) shall be de- posited and kept in the office of the treasurer, and he shall not allow any such instrument or paper to be taken from his office by any person without the order of the Common Council, nor without taking a receipt therefor, and all monies which shall, from time to time, become due to the said corporation, on any lease, bond, mortgage, obligation, note, or other assurance for money, and all fines, forfeitures, and penalties, enact- ed by any law of this Common Council, and collected after suit, or oth- erwise, shall be paid to the said Treasurer, for the use of the said Cor- poration, § 10. He shall, at the first meeting of the Common Council in each month, prepare and lay before the Common Council, a statement of the O 105 receipts into, and expenditures from, the treasury, since the date of hi* then last report, and of the cash then in the treasury, which statement shall be filed with the clerk. § 11. It shall be the duty of the Treasurer, to call for payment on all persons who may be indebted to the corporation for principal or interest on any contract, or who have been entrusted with, or who have receiv- ed any monies belonging to the said corporation, and who shall not have accounted for the same, including officers of the corporation as well as other persons, to settle their accounts : and he shall report to the common council, from time to time, the names of all delinquents, with the nature of the debt and delinquency. § 12. The Treasurer shall open accounts, in proper account books, with every person, debtor or creditor, to the corporation, by specialty or otherwise, which books shall be properly posted at least once every quarter of a year, reckoning from the time of his appointment. He shall also open and keep constantly written up, a cash account of receipts and expenditures, in which shall be briefly specified, the source of the re- ceipt, and the object of the expenditure, with a reference, by number, to the voucher. He shall also open separate accounts, in relation to receipts and expenditures for the poor, for lamps and watch, for streets and highways, and in relation to any other matler of expenditure or receipt, by the common council, which the said common council shall at any time see fit to direct. He shall not pay any money from the treasury, except on a resolution of the common council, which resolu- tion, certified by the clerk, together with the original account, if one has been presented to the common council, and a receipt for the money paid, shall be his vouchers. § 13. The Treasurer shall attend at his office, for the transaction of business, a reasonable time every week, and his books shall, at all such times, be open to the inspection of any member of the common council, and he shall, if required by resolution of the common council, furnish information, in writing or otherwise, relative to the funds of the corpo- ration, or of any account or transaction between the debtors or credit- ors of the corporation, and the said corporation, which he may be able to furnish from his own knowledge, or from any document in his office. § 14. The Marshal shall prepare and keep in order the room for the meeting of the common council, by having the same cleaned, lighted and warmed, whenever it shall be required. He shall procure candle* and firewood for the use of the common council room, and have the »ame at all times ready for use. He shall give due notice of, and at- 107 tend every meeting of the common council, and shall be the official messenger of the mayor or recorder, or the chairman of any committee of the board, in giving any other notice in relation to the business of the city, which it may not be the special duty of some other officer to give, and also perform such other services as shall hereafter be required of him, by any ordinance or resolution of the common council. § 15. The city Superintendant of streets and highways shall cause such work and repairs to be made and done to the streets and roads in this city, and iu such manner as the common council of said city, or the standing committee on streets, roads and bridges, shall from time to time direct and require. § 16. It shall be the further duty of the said Superintendant, to keep a just and true account of all expenses to be incurred by him, in the discharge of the duties of his office, and once in every month to deliver to the said standing committee, to be by them audited and reported to the said common council, an accurate account, in detail, of the work done, the persons employed, and the expenses incurred by him during the preceding month ; and further, that the said superintendant, in the employment of laborers to assist him in the performance of the work and repairs, which he shall from time to time be directed and required to have done, shall pay strict regard to the fitness, industry and sobriety of the persons to be employed by him. § 17. In any and every case in which any of the owners or occupants of any houses, buildings or lots fronting any of the streets of this city, which by any by-law or ordinance already passed or hereafter to be passed, shall have been or may hereafter be directed to be pitched, levelled, paved, flagged or otherwise improved, shall not have complied with the requisitions of any such by-laws or ordinances, within the time or times therein respectively limited for the purpose, it shall be the duty of said superintendant, as soon as practicable after the expiration of the time limited in and by such by-law or ordinance respectively, with the con- sent and approbation in writing, of the said committee, to cause the streets or side-walks in front of the houses, buildings or lots, of the several owners or occupants so neglecting or refusing to comply as aforesaid, to be conformed to the requisitions of such ordinances re- spectively, and the said superintendant shall produce to the common council an account, certified under his oath of office, of the expenses incurred in conforming the streets or side-walks in front of the houses, buildings or lots of the several owners or occupants, so neglecting or refusing as aforesaid, to the end, that upon the allowance and pay- 103 tnent theroof by the «aid cornmon council, the same may be collected or recovered from such owners or occupants according to law. § 18. The high constable shall attend daily, and oftener if required » at the Mayor’s office, to receive his directions as to any matters rela- ting to the police and good order of the city, and he shall also attend daily at the office of the board of magistrates, to receive the orders of the said board, or of the acting magistrate, and to report to said board every violation of the ordinances of the city and laws of the state, which the high constable shall observe within the city. § 19. The said high constable shall be entitled to receive all process issued by the board of magistrates, police justices, or any of them re- lative to the poor, or in any suit or on any complaint for violation of any corporation ordinance, or of any act of the legislature of the state of New- York, specially relating to the city of Schenectady, in prefer- ence to any other constable of the said city. § £0. The lamp-lighter shall, under the direction of the lamp com- mittee, light the lamps of this city every night between the third night after, and the fifth night before each full moon, and on any other night that the chairman, or in his absence any two members of said committee may direct, and shall commence lighting at sun set, and for every neg- lect or refusal of duty, and for every lamp neglected to be lighted, the lamp-lighter so neglecting, shall forfeit fifty cents. § 21. The lamp-lighter shall keep the lamps clean and well trimmed and supplied with oil every day, when it is requisite to light the same, and also the lanterns and lamp-posts clean and in good order, at all times, and whenever the same or either of them are cast to one side, or in any way injured, he shall forthwith report the same to the chairman of the lamp committee, who shall cause the same to be put in good order without delay. It shall be the duty of the lamp-lighter to make diligent inquiry for the names of any person or persons who may.haye caused any injury to any lamp, lantern or lamp-post, to the end, that the offenders may be brought to justice, but if such injury or accident shall have been occasioned by the neglect or inattention of the lamp- lighter, or any of his servants or agents, in shutting or fastening the door or otherwise, the same shall be repaired at the expense of the said lamp-lighter, and the expense deducted out of his wages, or otherwise recovered from him. § ££. The lamp-lighter may employ any agent or servant to assist him in any of his duties, with the approbation of the lamp committee, but the lamp-lighter shall in all cases be responsible for the acts and omissions of the person or persons employed by him. lot § 23, If any person shall .break, pull do\vn, or in any other manner wilfully injure any lamp, lantern or laqip-post, placed for use in any street of this city, such person shall, besides being liable to any other suit or prosecution allowed by law, be subject to the penality of five dollars. § 24. Whenever any person shall erect a lamp-post, and affix there- on a proper lantern and lamp to the satisfaction of the lamp committee, and keep the same in repair, he shall have the same lighted by the lamp-lighter in the same manner in which the city lamps are usually lighted, on such person paying annually, in advance, to the chairman of the lamp committee, to be by him paid into the Treasury, the price of the oil required for such lamp. § 25. It shall be the duty of the regulator of the city clock, to wind, regulate and clean the same, as often as it shall become necessary, and it shall be his further duty, whenever the said clock shall require re- pairs, to report the same to the Mayor of the city, and take his orders relative to the propriety of having such repairs made, without consult- ing the common council, and no repairs shall be made, the cost of which shall exceed five dollars, without the previous order of the said com- mon council. If, in making any repairs to the said clock, any of the old machinery or materials shall be taken and kept out, it shall be the further duty of the regulator of said clock, to account with the Treas- urer for the value of such old material or machinery. § 26. The bell ringer shall ring such bell as he shall be directed, from time to time, by the common council, to ring, three times, each day, Sundays excepted, at the hours of eight in the forenoon, at noon, and at nine in the evening, but he shall not continue ringing more than one minute at p,py one time. § 27. The common cryer appointed by the common council, shall until otherwise ordered by the said common council, have the exclu- sive right to give notice of sales at auction, or of other matters pro- claimed by public outcry within the city of Schenectady, and if any other person shall give any such notice, such person shall be subject to a penalty of one dollar for each offence ; provided, however, that noth- ing herein contained shall prevent any person from crying in the streets, fish, sand, or other things brought to the city to be sold in said streets, by the person owning, or having charge of the same. § 28. The said common cryer shall take good care of the bell with which he is furnished by the common council, and replace the same if lost or broken by his own carelessness or fault, and deliver the same ever to his successor, on the expiration of his office. 110 § 29. He shall not ring said bell, nor make any public outcry on Sun- day, nor before six o’clock in the morning, or after sun down in the eve- ning, nor near any of the public places of worship, in said city, while divine service is performing therein, on any other day of the week. § 30. The inspector and measurer of wood, shall have the exclusive right to measure all wood sold by the cord, within the bounds of the police district of the city of Schenectady, and shall be entitled to the sum of six cents and no more for every cord he shall so measure, one half to be paid by the seller, and one half by the buyer, and it shall be the duty of the said inspector to attend, at any reasonable hour during the day time, to the measuring of all wood so sold, when called upon by any person interested, and for any neglect of his duty, or for charging more than the above prescribed fee for his service, he shall be subject to a penalty of five dollars. § 31. If any other person than the wood inspector appointed by the common council, shall take upon himself to measure wood offered for sale by the cord, within the bounds of the police district aforesaid, ex- cept for himself, he shall be subject to a penalty of five dollars for ev- ery offence, provided, however, that nothing in this ordinance contained, shall be construed to restrain the buyer or seller of any wood, from measuring the same by himself or themselves, without the aid of any other person. § 32. The account of all city officers for their salaries, or compen- sation, if payable by the city treasurer, shall be presented to the 'com- mittee of accounts, or to the common council, before the same shall be paid, for allowance, and in case such officer shall be indebted to the cor- poration, the treasurer shall not pay said salary or compensation, with- out deducting such debt, unless by special order of the common coun- cil. ill A LAW providing for omissions in former laws , and for other purposes. Passed August 16, 18SS. 1. Blowing horns, &c. prohibited in certain cases. 2. Regulates the cleaning of Dock-street and Mill-lane. 3. Regulates the size and method of putting up signs of tavern keeper*. 4 . Fire department authorized to sue for fines — Report — Provisos. 5. Removal of weeds from streets directed. 6. Provides for preventing and removing nuisances. 7. Confirms laws passed since June, 1833— Repeals certain previous law* -Proviso. The Common Council of the city of Schenectady , duly convened , do ordain as follows : § 1. It shall not be lawful to blow any horn, trumpet or bugle, or to ring any bell, within the police district of this city, for the pur- pose of notifying the approach, arrival, departure or intended depart- ure of any canal-boat, stage, or railroad carriage, on Sunday, or any other day of the week, before sun-rise in the morning, or after nine o’- clock in the afternoon, under penalty of three dollars for every offence. § 2. It shall be the duty of the several owners or occupants of hous- es and lots fronting on Dock-street, between State-street and Mill-creek, to cause the same to be cleaned the whole width of the said street, at the same time, and under the same penalties, in case of neglect as is provided in relation to the owners or occupants of houses and lots men- tioned in the first section of the law, entitled, “ a Law for cleaning the streets , to prevent aud remove nuisances , and for other purposes,” passed June 20, 1833, and the said law shall hereafter, in its other provisions, be construed and is declared to include Dock-street, and also, in all its provisions, to include Mill-lane, from State-street, opposite the south end of Ferry-street, to State-street, opposite the south end of Church- street, and also the owner and occupants of houses and lots thereon, in the same manner as if those streets were now paved. § 3. No sign of any inn or tavern-keeper, shall hereafter be put or kept up on any sign post, in any street of this city, unless such post be well set in the ground, near the edge of the side walk, nor unless the sign attached to such post be secured from swinging, and be at least fifteen feet from the surface of the street or pavement, nor, if said 'll* sign shall extend more than three feet, in any direction, over any oi the streets of this city, under penalty, upon the owner of such sign, or the person erecting the same, of five dollars for setting the same up, and of two dollars for every day the same be suffered to remain, after notice from the high constable to remove the same, — Provided that nothing in this section contained shall extend to the signs of tavern-keep- ers erected prior to the tenth day of Jtdy, in the year 1329, and kept up unaltered ever since that time* § 4. It shall be lawful for the fire department of the city of Schenec- tady, or persons duly authorized by the said department, at their own pro- per costs and charges, to sue for and recover the several fines, forfeit- ures and penalties mentioned in the 1st, 3d, 4th, 7th, 9th, 10th, 11th and 12th sections of the law, entitled u A law to prevent injuries by fire and for other purposes passed by the common council on the 20th June, 1833, which fines, penalties and forfeitures, shall, when recovered, and after all legal deductions are made, be paid to the treasurer of the said fire department, and that the treasurer of the said fire department, shall annually, on the first Tuesday of April, report to this board the amount of the fines which may be received as aforesaid by the said department, and the application thereof ; provided, that the said common council, in twenty days after such fines shall be recovered and received, shall be at liberty to remit the same, or any part thereof, if it shall be deemed expedient so to do; and provided further, that if the treasurer of the said fire department, shall neglect to make the report herein before mentioned, every grant and provision herein contained, so far as relates to the said fire department, shall cease and be void ; and further, that this section may be altered, modified or repealed, at the pleasure of the common council. § 5. It shall be the duty of the several owners and occupants of a lot of lots, fronting on any of the streets and lanes of this city, which are, or may be required by the laws of this corporation, to be cleaned by such owners or occupants, to remove all noxious, or unsightly weeds from the street adjoining said lots, at the same time that such owners or occupants are or shall be bound to clear such street, under penalty of one dollar for every neglect. § 6. That it shall be lawful for the mayor, recorder, or any one of the aldermen of this city, to direct the high constable to enter in the day time, and examine into any building of any kind, cellar, lot of ground, alley, sink, vault or privy, which they may have reason to be- lieve are foul, damp, sunken, or ill constructed, and may direct the 113 the cleaning, altering and amending the same ; the draining off of any stagnant waters from any lot, and the removal of all nuisances in and about the said premises ; and if any owner or possessor of any such building, cellar, lot of ground, alley, sink, vault or privy, shall neglect or refuse to obey the directions of the said mayor, recorder or aider- man authorized by this section, such offender shall pay a penalty not ex- ceeding fifty dollars. And the said high constable shall, from time to time, report to the mayor, recorder, or some alderman of this city, all such buildings, cellars, lots, alleys, sinks, vaults or privies, as may in his judgment require to be cleansed, altered, amended or drained, for the security of the health of the city. § 7. All laws passed by this common council, since the first day of June last, shall be and hereby are declared to be in full force, notwith- standing the said laws purport to have been passed by the mayor, recorder and aldermen of said city only ; and all laws passed by the said common council, prior to the said first day of June last, repugnant to, or within the purview of the laws passed by the said common coun- cil since that day, are hereby repealed ; Provided, that such repeal shall not affect any suit for any penalty already commenced, or any pro- cess or proceeding for the collection of any such penalty, but that as to such suit, process or proceeding, the said former laws shall be con- sidered and continued in force. P / 114 A LAW for establishing the office of City Surveyor . Passed August 21, 13S3r 1. Appointment of City Surveyor. His oath of office. 2. Duties of City Surveyor. Maps made by him how disposed of. 3. Regulates the erecting of buildings and fences on streets withinhhe police district. Penalties. 4. Fees of City Surveyor when employed by private persons. 5. Individuals applying to common council, in relation to lands or streets, when to furnish map, and how. 6 . Compensation of City Surveyor, when employed by Common Council. The Common Council of the city of Schenectady , duly convened , do ordain asfollovjs : § 1. The Common Council shall, from time to time, when they think proper, appoint some suitable person, to be called the City Surveyor, who shall hold his office during the pleasure of the said Common Coun- cil, and before he enters upon its duties, take the oath of office prescrib- ed by the constitution of this state. § 2. It shall be the duty of the said City Surveyor, to assist the Com- mon Council, or any of their committees, in laying out, regulating, lev- elling or pitching, all streets and roads, or ground intended or required therefor, within the bounds of this city, by making all such surveys, maps and profiles, as shall be required of him, and by causing the ground to be properly staked out for working on, and also to survey and make maps of any lands, within the bounds aforesaid, and to give his advice and opinion on any matter concerning such lands, whenever it is requir- ed of him, by the said Common Council ; and all maps made by the said City Surveyor, by direction of the said Common Council, or any of their committees, shall be filed with the Clerk of this city, to be by him retained in his own, or deposited in the treasurer’s office, accord- ing to law. § 3. No person shall hereafter erect any building or fence, on any street, within the police district of this city, unless the "range of the said building, with the street, shall have first been laid down by the city sur- veyor, under the penalty of twenty-five dollars for each offence ; and if any building or fence, hereafter to be erected, or any part thereof, ^hall project into the street, beyond the range of such street, so laid 115 down by the city surveyor, the person erecting the same shall, within three days after notice thereof is given to him, by the city surveyor, re- move the said building or fence within the range so laid down as afore- said, under the penalty of twenty-five dollars, and a further penalty of five dollars for every twenly-four hours that the said building or fence shall be continued beyond such range, which penalty or penalties shall be in addition to any other liability to which such person may by law be subject. § 4. The City Surveyor shall be entitled to the sum of one dollar for laying down the range of the street, for each lot on which any person shall place any building, or put up any fence, adjoining such street, to be paid by the owner of, or builder on, said lot. § 5. Whenever any application, of a local or private nature, shall be made to the common council, in relation to lands or streets, which shall require a map to elucidate the same, the applicant or applicants shall, at his or her expense, furnish the Common Council, or their committee, with such map, made by the said city surveyor, whose duty it shall be to make the map, and the surveys necessary to complete the same, un- der his official responsibility. § 6. Whenever the city surveyor shall be employed by the common council, to take a survey, or perform any other duty of, or belonging to a surveyor, he shall receive such compensation therefor as may be deemed reasonable. * / ■ ' ■ . TO THE STATE AND CITY LAWS. [7 he first column of figures refers to the page, the second to the section .] A Aldermen. p age. Ex-officio justices of peace, 11 Not to receive compensation, except in certain cases, 37 Eligible to office of Mayor, 38 B Bell Ringer. When to ring bell, 109 Not to ring for more than one minute, 109 Board of Health. Com. Council may appoint, 24 Members to be compensated, 24 T o consist of members of com. council, 99 Three members with the may- or, a quorum, 99 High constable to execute or- ders of board, 99 City physician to attend meet- ings, &c. 99 Compensation of members, &c. 99 Board of Magistrates . How appointed, 11 Duties, 12 Buildings. pag e Used as blacksmiths’ shops, &c. how to be constructed, 89 — — to be lined with brick, 89 fire places and chim- nies in, how to be built, floor to be covered with 89 31 90 32 mortar in certain cases Penalty for violation of above provisions, Qg Com. Council may direct tak- ing down of dangerous buil- 26 din g s > When erected on streets, range to be laid down by city surveyor, 39 Penalty for neglect to have 39 range laid down, Penalty for neglect to conform to surveyor’s range, Butchers. To be subject to the regula- tions of Com. Council, 72 1 To be licensed by mayor, 72 I Penalty for selling without li- cense, 73 1 To keep stalls well supplied, 73 4 Each to sell at his own stall only, 73 4 20 Penalty for selling unwhole- some meat, 74 C 90 33 24 42 114 3 114 3 115 3 INDEX TO LAWS. page To .submit closets, &c. to the inspection of superintendant 74 To keep cellars & tables clean, 74 To sweep floor of market- house, & remove offal &c. 74 To be liable for the acts of their agents or servants, 75 To forfeit license on non-pay- ment of penalties, 75 Penalties for the use of inde- cent language, by butchers or their servants, 75 Not to sell in market on Sun- day, 76 To clean streets weekly, 76 § 7 8 8 12 12 13 14 4 page § To be appointed by com. coun- cil, 11 17 To take oath of office, 11 17 Names of, designated, 103 1 When to be appointed, 103 1 To take and subscribe oath, 104 2 Their compensation, 104 2 What duties to be performed by them for their fixed com- pensation, 104 2 Accounts of, how to be audited and allowed, 110 32 Debts due from, to be deduct- ed from accounts by treas- urer, 110 32 c Census. To be taken every tenth year, 51 1 Com. council to appoint mar- shal, 51 2 Charcoal. To be sold by measurement, 59 1 Capacity of measures, 59 1 Measures to be sealed and marked, 59 1 Duty and fees of examiner, 59 1 Penalty for selling without measurement, 60 2 Law when not to apply, 60 2 Chimney Sweeps. To be licensed, 88 27 Penalty for neglect to sweep chimnies when required, 88 27 No person to sweep chimnies without license, 88 27 City. Bounds of, 5 1 Name, 5 1 Wards, 7 2 Officers, 7 34 Certain acts relative to, repealed, 24 43 Power of legislature to re- peal act relating to, 25 44 List of acts relative to, 53 City Clock. Regulation as to repairs of, 109 25 Duty of regulator of, 109 25 City Officers. To be elected, 7 4 City Physician. To be appointed by common council, 91 1 His compensation, 91 1 Duty to attend paupers not in the alms house, 91 1 To advise with board of ma- gistrates or common council, 91 1 To make report to com. coun- cil and attend their meet- ings when requested, 91 2 To inoculate with kine pock, 91 3 Compensation for this service, 91 3 Duty with respect to board of health, 99 3 City Surveyor. To be appointed by the com. council, 113 1 To take oath, 114 1 Duty of. 114 2 Maps, &c. made by him to be filed with clerk 114 2 To lay down range of new buildings and fences, 114 3 Fees for defining range of new buildings, 115 4 Maps to be made for private persons in certain cases, 115 5 Compensation, 115 6 Clerk. To provide and keep book of minutes, 19 S3 Minutes to be open for inspec- tion, 19 33 Compensation, 19 ,. 33 To certify to supervisors, an- nually, names of assessors and collectors, 42 1 INDEX TO LAWS. page § To furnish list of firemen to fire-wardens, 89 29 Duty as to books, papers, &c. of com. council, 104 3 To deliver maps, leases,, &c. to treasurer. 104 4 To take treasurer’s receipt for the same, 104 4 To deliver copies of certain resolutions to treasurer, 104 4 To deliver original accounts to treasurer, 104 4 To inform city officers of ap- pointment and election, 105 5 To furnish chairmen of com- mittees with resolutions, 105 G To record by-laws & ordin- ances, ‘ 105 7 To furnish laws, &c. directed to be published, to printer, 105 7 Commissioners 8f Notaries. Common council to deter- mine their number annually 51 2 Copy to be sent to governor, 52 3 Common Council . Members of, 7 3 Duties of members, 7 3 Members ineligible to offices of profit in certain cases, 38 2 Meetings of, where to be held, 10 16 Annual meeting, 10 16 Special meetings, 10 16 Mayor, and in his absence, recorder to preside at meet- ings, 11 16 To appoint certain officers, 11 17 Members, commissioners of highways, 15 27 Power to make by-laws and ordinances, 15, 16, 17, 18 § 29, 31 9 to inflict penalties, 18 29 May direct the taking down of dangerous buildings, &c. at expense of owner, 24 42 Common Lands. Trespasses on, how punished 30 1 Common Schools. Money for support .of in city, ) 32 2 how to be apportioned, >34 1 S 35 6 How to be paid, \ 34 2-3 *35 7 page § Annual census of children to be made by assessors, 35 4 Reports of trustees of certain districts to be attested, 35 5 Assessors to furnish annual abstract to county treasurer, 35 8 Certain sections of law respect- ing, repealed, 36 9 Teachers of, to make annual report, 36 150 Territory without police, how to be divided, 36 151 Constables. Special, their appointment & powers, 12 22 Bond to be given by, 13 23 May be prosecuted, with sure- ties, for neglect to return execution, &c. 13 23 Amount of recovery, 13 23 Evidence of suretyship, 13 23 Action against, to be com- menced within two years, 13 23 Corporation. Style of, 5 1 Powers of, 5 1 Cryer . Privilege of, 109 27 To be furnished with a bell by com. council, “ 28 Duty with regard to bell, “ 28 When and where not to ring- bell or make outcry, 110 29 E Elections. City officers to be chosen at, 7 4 To be by ballot, 8 5 Inspectors to be appointed, 8 5 Their duties and powers, 8 5-6 Further powers of inspectors, 10 13 Regulations as to form and disposing of ballots, 8 5 Clerk to be appointed by in- spectors, and to take oath, 8 6 Timeof opening and closing poll, 8 6 Poll list to be kept, 8 6 Ballots how to be counted and canvassed, 8 6 Certificate to be made and fil- ed by inspectors, 9 6 Duty of inspectors when an elector is challenged, 9 7 Oath of challenged elector, 9 8 IV INDEX TO LAWS. page Oath of elector if a colored man, 9 Elector taking the oath to vote, 9 False swearing, how punishable, 9 Certain convicts not td vote, 10 Elections in case of vacancies, 10 Fine for neglect or refusal to serve when elected, 10 Inspectors of general election, how appointed, 52 to inspect special elec- tions, 52 Two inspectors may act, 52 Common council may supply vacancies in board of inspec- tors, 52 Excise Law. See high constable. F Fences. Partition fences, how made and kept in repair, 94 Disputes concerning, how to be settled, 94 Allotment of particular por- tions of partition fences, how to be made, 95 Owners of vacant lots, not o- bliged to contribute to, 95 Value of fence maybe recover- ed, when lot shall be occu- pied, 95 Value how to be ascertained, 95 Height of, prescribed, 95 What fences to be deemed suf- ficient, 96 Mayor &c., may direct lots to be enclosed, 96 W hat to be deemed due service of notices under this law, 96 When erected on streets, range to be laid down by city sur- veyor, ” 114 Penalty for neglect to have range laid down, 1 14 Penalty for not conforming to range, 115 Fence Viewers. To be appointed, 94 Duties and powers of ill $94 When two appointments are made, the first to be acted under, 96 § 9 10 10 11 12 14 14 15 16 Fire Companies. Number of firemen in each, Captains of, how to be chosen and commissioned, Duties of captains, Who to preside at elections, Engines not. to be applied to private use, Captains to give notice of meetings to firewardens, To submit engines, &c. to in- spection of firewardens page § 84 16 84 16 84 16 84 16 85 17 89 29 89 29 16 3 3 4 5 5 5 6 7 8 9 3 3 3 2 17 2 9 Fire Department. Incorporated, 39 1 Powers of, 39 1 Representatives to be chosen, 39 2 Officers, 39 3 Duties of trustees, president and treasurer, 40 3 Powers of representatives, quorum, 40 3 Vacancies how to be supplied, 40 3 By-laws, &c. 40 4 Corporation not dissolved by failure to hold elections, 40 5 Funds how to be appropriated, 41 6 Compensation of firemen, 41 7 Certificate of service when sufficient, 41 8 Construction and repeal of act, 41 9-10 Regulations as to suing for fines incurred by members, 112 4 Fire Inspectors. To be appointed, Penalty for refusing to serve, Duties of Penalty for neglect of their requisitions Further duties of, Time limited for complying with their directions Penalty for neglect of duty by, Firemen , Exemptions of, Duty on occurrence of fires, By whom to be controlled, Penalty for absence or neglect of duty at fires, To keep engines clean and in good order, To be furnished with and wear badges, 79 1 79 1 79 1 79 1 SO 2 80 2 80 4 41 5 84 17 84 17 85 17 85 18 85 19 INDEX TO LAWS, v page § Penalties for neglect of duty, 85 19 To obey firewardens, 88 28 Fires . Prevention of, Stove pipes, how to be put up, 80 Penalty for suffering chimney to take fire 80 Hay, straw, (fee. how to be kept, 81 Ovens in yards to have chim- nies, Regulations concerning barns, and stables, Hay, shavings, &c. not to be thrown in the street, r '&c. Not to be suffered to be in the street in the night t 93 1 J i 13 7 15 27 Streets. ower of com. council to di- rect pavir.o-, &c. of 19 34 Expense of paving, &c. how to be collected, when done by com. council, £0 34-35 Same in case of vacant lots, 20 35 When paid by persons not le- gally obliged to pay same, how to be recovered, 21 36 Owner or landlord liable for expense, 21 36 om. council may open to the width of 4 rods, 21 37 Method of proceeding in tak- ing vacant lots, 21 37 Right of appeal by owner, 23 37 When known owner of vacant lot is a minor, 23 38 Streets to be cleaned and dirt removed at certain times, Cl 1 Duty of high constable and i 61 For defraying expenses of highways and bridges, 15 27 For support of poor, 15 27 Duty of supervisors with re- gard to, 15 27 Road and poor tax to be paid to city treasurer, 15 27 Upon the owners and possess- ors of dogs, authorised, 31 9 Timber , Drifted on shore, how to be recovered by owner, 49 1 Disputes as to damages, to be settled by fence viewers, 49 2 Fence viewers may issue pro- cess for witnesses, 50 3 Notice to be given in certain cases, 50 4 Town clerk to file notice, 50 5 Lumber may be detained till damages are paid, 50 6 Town clerk to sell, after six months, 50 7 Notice, &c. of sale, 50 7 Fees of clerk for selling, 50 8 Avails how to be disposed of, 50 8 Specification of damages to be made and filed, 51 9 Treasurer , To give a bond, 19 32 Bond of, to be renewed annu- ally, 19 32 Compensation, 19 33 To publish annual report, 19 33 To allow use of his name in certain suits, 71 • 4 When to take oath of office, 105 8 Bond and sureties, 105 Q Neglect to take oath and give bond, to be deemed a refusal of the office, 105 8 Another may be elected in case of such neglect, 105 8 What papers, &c. to be depos- ited in his office, 105 9 No paper to be taken from his office, without leave of eom. council, 105 9 INDEX TO LAW'S, xi page To take a receipt for every paper given from his office , 105 What monies to be paid to him 105 Monthly report to common council, Duty with regard to collection of debts, Books of account to be kept by him, Certain separate accounts to be kept, Books may be inspected by members of com. council, Information to be furnished by him, pike. Paving road within limits of city, u Union College. Penalty for enticing or per- mitting students of) to gam- ble. Wine, &c. not to be furnished to students, except in cer- tain cases, Duty of justices to issue pro- cess in certain cases, Penalty — amount how to be collected and disposed of Above provisions extended to former out-wards of city, V Vacancies. How to be supplied, In office of high constable, Vagrants. Who to be deemed such, Constables to arrest when re- quired, Justice of the peace may com- mit to alms house, house of correction or jail, Children begging to be com- mitted to almshouse, — — how to be employed and discharged, 105 10 106 11 106 12 106 12 ■ 106 12 106 13 106 13 106 13 : Turn - 28 6 ] :] 1 28 15 ' ( 29 34] 29 5, 29 5 ' 30 ?! 10 12 1 12 22] 43 11 44 21 I 44 31 44 4 ] 44 4 W p»i* * Wood. Public inspector alone to | measure wood offered for sale, 110 30 Duties and fees of Inspector, 110 30 Penalty for neglect of duty, 110 30 Penalty for measuring by oth- Weighls $ Measures. Examiner to be appointed, 100 To hold office during pleasure of com. council, 100 is oath, 102 vided by city, filed, .oss or injury of sta how to be repaired, 100 100 100 unmarked weights, &c. 100 in certain cases, 'o inspect and mark we &c. produced to him, Iratuitous inspection ui certain date, ees to be received after tain date, ’o be paid for correcting ’o have a lien on mea: &c. for his fees, 100 100 100 100 duce weights &c, to exam- iner, Ixaminer’s duty, as to unin spected weights, &c. lotice to be given by mm Where scales, &c. are found illegal, enalty for using same i corrected. inding illegal scales, pi facie evidence of use, neglect of duty, by examin- 100 1 100 3 100 2 100 3 101 4 L- 101 4 102 5 102 5 102 6 102 7 ler* of milk, bear, fruit, &c, 102 9 * . ' ‘ - # ERRATA. Dele the words “ of ballots so counted shall exceed the number,” from the beginning of the 1st line, 9th page. For/ 4 u” read “ n,” in the last syllable of 44 notwithstanding,” 28th line, 18th page. Dele “ e” in “ suing,” 13th line, 39th page. Add “ a” to beginning of 10th line, 44th page. * Insert “ by the” between or” and “ load,” 9th line, 60th page. For “ one” read 44 an,” 15th line, 65th page. For “ should” read “ shall,” 20th line, 68th pagev . Insert “ he” between “ fee” and “ shall,” 35th line, 68th page. For “ oP read u or,” at the beginning of 2d line froift bottom, 7Sdpage. Dele “ s” from “ wards,” in 2d line from bottom, -80th page. For “ abour” read “ about,” 27 th line, 81st page. For “ on” read “ or,” 1st line, 84th page. For 44 and” read “or,” 8th line from bottom, 86th page. Dele “ s” from end of “ masters,” 19th line, 94th page. For 44 psrson” read “person,” 2d line from bottom of page 02f. Dele “i” from “ penalty,” 4th line, 109th page. For “account” read “accounts,” page 110, line 7 from bottom. For V 1329” read “ 1829/’ 7th line, 112th page. Dele “into,” 3d line fropi bottom of same page. For " are” read 44 is,” bottom line of same page. /