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L161— 0-1096

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1a a w n

AND

ORDINANCES

OP THE

mWBM 0OTOT2L

OF THE

OF SCHENECTADY,

i-;- ; PASSED SINCE 1ST JUNE, 1333.
■Bgf TO WHICH ARE PREFIXED

l AN ACT, ■

W ' | " • ENTITLED,

4 AN ACT RELATIVE TO THE CITY OF SCHENECTADY,”

PASSED APRIL 29, 1833,

AND OTHER ACTS AND PARTS OP ACTS
RELATING TO THE SAID CITY.

PUBLISHED BY ORDER OF THE COMMON COUNCIL.

SCHENECTADY :

PRINTED BY C. 6. PALMER.

1833.

. d

NAMES OF THE

MAYORS

OF THE CITY OF SCHENECTADY,
jjg From the incorporation of said city to the present time, and the periods
of their continuance in office respectively, with the name of the Re-
corder appointed for said city, under the act of April 29, 1833.

From 1798

1808

JOSEPPI C. YATES.

“ 1808

“

1810

JOHN YATES.

“ 1810

“

1811

ABRAHAM OOTHOUT.

“ 1811

1813

JOHN YATES.

“ 1813

“

1817

MAUS SCHERMERHORN.

41 1817

1825

HENRY YATES, Jr.

“ 1825

1826

ISAAC M. SCHERMERHORN.

“ 1826

1828

DAVID BOYD.

“ 1828

1831

ISAAO-M. SCHERMERPIORN,

" 1831

1832

ARCHIBALD CRAIG.

“ 1832

“

1833

JOHN I. DE GRAFF.

" 1833

JOHN I. DE GRAFF.

RECORDER.

1833

HARMANUS PEEK.

OFFICERS OF THE CORPORATION IN 1833.

JOHN I. DE GRAFF, Mayor.
HARMANUS PEEK, Recorder,

ALDERMEN.

1st Ward, HENRY PEEK.

JOHN VAN VORST.

2d Ward, SAMUEL W. JONES. 1
JAMES WALKER.

ASSISTANTS.

ist Ward, Jonathan c. burnham,
EDWARD H. WALTON.

2d, Ward, GEORGE ANDERSON,

JESSE M. VAN SLYCK.

JACOB SWITS, Treasurer,

ABRAHAM VAN INGEN, Clerk,
DAVID V ANDERHE YDEN, Marshal,
ROSWELL PERRY, High Constable,
PETER OUDERKIRK, Superintendent.

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A IV ACT,

Relative to the City of Schenectady ,

PASSED APRIL 29, 1833.

1. Bounds of the City — Corporate Name.

2. Two wards — Boundaries.

3. Officers.

4. Annual meeting for election of Charter and other officers. ,

5. Elections how to be conducted.

(5. Inspectors — their duties — Clerk of poll — opening and closing ol poll — ■.
poll list and ballots, how to be disposed of and canvassed.

7. Challenges. — *8. Oaths.

9. Coloured men. 10. Penalty.

11. Certain convicts not to vote. ■

12. Vacancies how to be supplied.

13. Power of Inspectors. 14. Fines.

15. Mayor to take oath.

16. Meetings of Common Council.

17. Clerk and other officers.

18. Mayor, Recorder and Aldermen, Justices ex-officio.

19. Recorder’s duty.

20. Board of magistrates — how appointed — their powers and duties.

21. House of Correction.

22. High constable — when and how appointed — his powers — duties of —

security required of— special constables, how appointed and pow-
ers of.

23. Constable’s bonds— form and effect of.

24. Licenses to Inn-keepers and* Grocers.

25. Gaming — ordinances for suppression of. *

26. Police district, its extent, &c.

27. Highways. 28. Public shows.

29. Bye-laws and police regulations.

30. Trials— competency of citizens as jurors or witnesses.

31. Taxes for lighting streets, and supporting night watch.

32. Treasurer to give bond.

P3. Clerk — duties of— -compensation of certain officers — statement of funds
&c. to be published annually.

34. Streets — paving, altering or repairing of.

35. Vacant lots.

3G. Expenses —how to be paid in certain c ases.

37. Opening public streets.

38. Rights of Infants. 39. Board of Health.

40. Police office. 41. Police Justices. 42. Fences.

43. Former acts repealed. 44. Rights reserved.

The People of the State of New- York, represented in Senate and
Assembly, do enact as follows :

§ 1. All that district of country contained within the following limits,
to wit : Beginning on the easterly bounds of the patent of Schenectady,
in the middle of the Mohawk river, and running thence up the stream
through the middle of the said river, as it winds and turns, to a point
about five chains above what was formerly called the Upper Ferry, where
the Mohawk bridge is erected ; thence, with a straight line, to the north-
west corner of the lot formerly belonging to Nicholas Van Patten, de-
ceased, now owned by Isaac M. Schermerhorn, on the easterly bank
of a branch of the Mohawk river ; thence along the same, up stream,
to the mouth of a creek called the Church Mill creek ; thence up the
said branch of the Mohawk river eight chains ; thence due east until it
intersects a line running from the mouth of said Mill creek south eight
degrees east ; then south eight degrees east, to the southerly bounds
of the patent of Schenectady ; thence along the same southeasterly till
it intersects the north bounds of the manor of Rensselaerwyck ; thence
along the same easterly to the easterly bounds of the patent of Sche-
nectady, and thence along the same to the place of beginning, shall con-
tinue to be a city, by the name of Schenectady : and that all the free-
men of this state, from time to time, being inhabitants of the said city,
shall be a body corporate, by the name of “The Mayor, Recorder,
Aldermen and Commonalty of the City of Schenectady,” and by that
name, they and their successors shall be known in law, and be capable
of suing and being sued, and of defending in all courts of law and equi-
ty, and in all actions and matters whatsoever ; and may have and use
the present public seal of the said city as their common seal, and may
alter the same at their pleasure ; and shall continue in law capable of
holding, enjoying and conveying all the estate, real and personal, and of
collecting, recovering and disposing of all the property, rents, income,
funds and effects whatsoever, now held and owned by or belonging to

them, or which they now are or may become possessed of, or entitled un -
to, under and by virtue of any act or acts of the legislature of this state
heretofore passed, and in as full and ample a manner as the same are
now held and possessed by the mayor, aldermen and commonalty of the
said city ; and shall also be in law capable of purchasing, holding and
conveying any other estate, real or personal, for the public use of the
said corporation.

§ 2. The said city shall continue to be divided into two wards, by a
line to be drawn as follows, to wit : Beginning at the northwest corner
of a lot of ground formerly belonging to Nicholas Van Patten, deceas-
ed, now owned by Isaac M. Schermerhorn, on the easterly bank of a
branch of the Mohawk river ; thence along the northerly bounds of said
lot to the west side of Washington-street ; thence along the same to the
centre of Union-street ; thence easterly along through the centre of the
said street and the Troy turnpike road, to the easterly bounds of the
patent of Schenectady : that part of the said city lying on the north side
of the said line, shall continue to be the first ward, and that part there-
of lying on the south side of the said line, shall continue to be the se-
cond ward of the said city.

§ 3. There shall be the following officers in and for said city : One
mayor, one recorder, eight aldermen, one clerk, one marshal, one treas-
urer, two supervisors, four assessors, two collectors, and such other of-
ficers as are hereafter mentioned. The mayor, recorder, and the aider-
men of the said city, shall constitute and be called the Common Council
of the said city. The said common council shall, agreeably to the pro-
visions of the constitution of this state, annually appoint one fit and dis-
creet person to be mayor of the said city, who shall continue in the said
office until the first day of January next after such appointment, and
until some other person shall be appointed and sworn in his stead. In
case of a vacancy in the said office of mayor, by death, resignation, or
removal from the said city, the said common council shall, at a meeting
to be summoned by the marshal, upon the request of the recorder, or
any two of the aldermen of the said city, appoint some other person to
fill such vacancy for the residue of the term for which the person so dy--
ing, resigning or removing, was appointed.

§ 4. The inhabitants of the said city, qualified by the constitution to
vote for elective officers, shall annually, on the first Tuesday of April
assemble in the respective wards in which they actually reside, at such
places as the said common council shall for that purpose have previous-
ly appointed, and then and there, by plurality of votes, choose out of

the inhabitants of said city, residing in their respective wards, for the
ensuing year, four aldermen, one supervisor, two assessors, one collec-
tor, and as many constables as the said common council shall from time
to time deem necessary and direct to be chosen.

§ 5. Such elections shall be by ballot, and shall be held and conduct-
ed as follows : The common council of said city shall, at least eight
days previous to the first Tuesday of April annually, appoint in each
ward three persons, who shall preside as inspectors of such elections in
their respective wards ; who shall, at least five days previous to sucli
election, give notice in writing in at least three public places in their
respective wards, of the place where such election shall be ; and such
inspectors shall have power to decide upon the qualifications of the per -
sons offering to vote at such election : and every person qualified to
vote at such election, who shall offer himself to vote, shall, at such elec-
tion, openly deliver his ballot, so folded as to conceal the contents, to
one of the inspectors holding the said election, in the presence of the
board ; which ballot shall be a paper ticket containing the names of the
persons for whom the elector intends to vote, and designating the office
to which each person named is intended by him to be chosen ; but no
ballot shall contain a greater number of names of persons as designated
to any office, than there are persons to be chosen at the election to fill
such office ; and on the receipt of- every such ballot, the inspectors
holding such election shall, without suffering the same to be opened or
inspected, cause the same to be put into a box to be provided by the
common council for that .purpose.

§ 6. The inspectors, or the major part of them, having assembled at
the time and place appointed for holding such election, shall administer
to each other the oath of office prescribed by the constitution ; and shall
thereupon proceed to appoint a person to be a clerk of the poll, to whom
one of the said inspectors shall also administer the said oath of office.
The poll shall be opened at ten o’clock in the forenoon, and may be ad-
journed at noon, for a period not to exceed one hour ; at the expiration
of which time, the same shall be again opened, and shall continue open
until five o’clock in the afternoon of the same day, and no longer.—
Proclamation shall be made of the opening, adjourning and closing of
the poll. A poll-list shall be kept by the clerk, wherein the name of
each elector voting at such election shall be written ; and after finally
closing the poll thereof, the said inspectors shall proceed without delay,
publicly to open the said ballots, and shall first count the said ballots un-
opened, and if the number of ballots so counted shall exceed the number

of ballots so counted shall exceed the number of electors contained in
the poll-list, one of the said inspectors shall draw out and destroy, un-
opened, so many of the said ballots as shall amount to the excess ; and
if two or more ballots are found rolled or folded up together, they shall
not be estimated ; the ballots and numbers on the poll-lists agreeing,
or being made to agree, the said inspectors shall then proceed to canvass
and estimate the votes, and shall complete the said canvass and estimate
on the same clay, or the following day, and shall certify and declare the
several officers who shall have been duly chosen at such election; and
shall file such certificate in the office of the clerk of the said city, on
the same day, or the next day thereafter.

§ 7. If any person offering to vote shall be challenged as unqualified
by an inspector, or by any other person entitled to vote at the same poll,
the board of inspectors shall state to the person so challenged, the qual-
ifications of an elector.

§ 8. If he shall claim to be duly qualified, and the inspectors shall not
be satisfied that he has a legal right to vote, he shall, if required by either
of the said inspectors, take the following oath : “You do swear (or af-
firm) that you are a citizen of the United States, of the age of twenty-
one years, that you have been an inhabitant of this state for one year
next preceding this election, and for the last six months a resident of
this county, that you are now a resident of this ward, and that you have
not voted at this election.”

§ 9. If the person so offering to vote be a colored man, and shall be
challenged as aforesaid, he shall take the following oath, if required by
either of the inspectors : “You do swear (or affirm) that you are of the
age of twenty-one years, that for three years you have been a citizen of
this state, that you have been an inhabitant of this state for one year next
preceding this election, and during that time have been, and that you now
are, seized and possessed of a freehold estate of the value of two hundred
and fifty dollars, over and above all debts and incumbrances charged
thereon, and have been actually rated and paid a tax thereon, that you
have been for the last six months a resident of this county, that you are
now a resident of this ward, and that you have not voted at this election.”

§ 10. If any person shall refuse to take the oath so tendered, his vote
shall be rejected ; and upon taking such oath, he shall forthwith be per-
mitted to vote : and if any person shall knowingly swear falsely in the
premises, he shall be deemed guilty of wilful and corrupt perjury, and
punished accordingly, before any court having cognizance thereof.

§ 1 i. No person who shall have been convicted within tliis state of an
infamous crime, at any time previous to such election, shall be permitted
to vote thereat, unless he shall, by a pardon from the executive, have
been restored to all the rights of a citizen; but no proof of such convic-
tion, other than a duly authenticated record thereof, shall be received by
the said inspectors.

§ 12 . If there shall happen any vacancies in the offices so to be chosen
as aforesaid, by death, resignation, removal from the said city, or other-
wise, before an annual election shall be held, the common council of
the said city may direct an election to be held to supply such vacancy ;
which election shall be held at such time and place as the said common
council shall direct, and in all respects be conducted in the same man-
ner as the said annual election ; and the officers thus chosen, shall
hold their offices until the next annual election.

§ 13. The inspectors presiding at any annual or special election,
shall have the like authority to preserve order, to enforce obedience,
and to commit for disorderly conduct, as is possessed by the board of in-
spectors at a general election.

§ 14. The said common council may impose such reasonable fine as
they may deem proper, not exceeding twenty-five dollars, upon any
inhabitant of the said city, elected as aforesaid to the office of alderman,
supervisor, assessor, collector, overseer of the poor or constable, who
shall, for the space of five days after notice of his election, refuse or
neglect to take upon himself such office, unless such person shall ren-
der to the said common council a reasonable and satisfactory excuse
for such neglect or refusal ; which fine may be sued for, recovered
and applied in like manner as penalties imposed by any by-law of
the said common council are hereinafter directed to be sued for, recov-
ered and applied.

§ 15. The mayor of the said city shall, before he enters upon the
discharge of the duties of his office, take and subscribe, before the
clerk of the said city, who is hereby authorised to administer the same,
or before any officer in said city, authorised to administer oaths, the
oath of office prescribed by the constitution.

§ 16. The meetings of the common council of the said city shall be
held at the city-hall, or in such other place in said city as they shall ap-
point. The said common council shall meet annually on the first
Tuesday of May, and oftener in their discretion. Special meetings
may also be called by the mayor, in cases of emergency, or, in his ab-
sence, by the recorder. At the meetings of the common council, the

mayor shall preside, and in his absence the recorder shall preside as
chairman.

§ 17. The said common council shall annually, on or before the first
Tuesday of May, and by plurality of votes, appoint one clerk, one trea-
surer, one marshal, one city superintendent of streets and highways,
with such assistants as may be deemed necessary ; and shall also an-
nually, or oftener, in their discretion, appoint one or more overseers of
the poor, or poor-masters, and one or more pound-masters and fence-
viewers, and so many porters, carriers, cartmen, packers, beadles, bell-
men, common criers, scavengers, weighers, measurers, guagers and
surveyors, as they shall think proper, and to prescribe their respective
duties ; and the overseers of the poor, pound-masters and fence-view-
ers so appointed, shall severally possess the powers of overseers of the
poor, pound-masters and fence-viewers of any town in this state, sub-
ject to any regulations concerning them to be made by the said com-
mon council, in their discretion. The aldermen and the clerk of said
city, and such of the said officers to be appointed by the said common
council, or elected as aforesaid, and as shall be required so to do by any
by-law of the said common council, and who are not by law exempted
therefrom, shall, before they enter upon the execution of their respec-
tive offices, take and subscribe before the mayor, or any other officer
authorised to administer oaths, the oath of office prescribed by the con-
stitution.

§ 18. The mayor, recorder and aldermen of the said city shall seve-
rally be, ex officio, justices of the peace of the county of Schenectady ;
but shall not, by virtue of said office, be authorised to hear and try any
civil causes, except such as are brought to recover a penalty under the
by-laws of said city, in which case they may severally act as justices of
the peace in their civil capacity-

§ 19. The recorder shall, during the sickness, absence, or other ina-
bility of the mayor, possess and exercise all the powers hereby confer-
red on said mayor, and be authorised and required to perform all the du-
ties of a judge of the supreme court and of the county courts, which the
recorders of any of the several cities in this state are authorised to do
and perform ; and may take and receive the same fees as such record-
ers are allowed for like services.

§* £0. It shall and may be lawful for the said common council to se-
lect from the aldermen and justices of the peace in said city, such and
so many as they shall think proper, to be called the “board of magis-
trates^ for the relief and support of the poor, and for punishing petty

offences committed in the said city ; who shall in such case exclusively
possess the power and authority of applying and distributing the funds
for the relief and support of the poor in said city, in such manner as the
common council may direct, and of making all orders in relation to the
poor within said city.

§ 21. The said common council may, whenever they shall think pro-
per, erect and establish a house of correction for petty offenders within
said city, and appoint, during pleasure, a keeper thereof, and so many
assistants as may be necessary, and prescribe the duties of the said
keeper and assistants, and the compensation which they shall respec-
tively be entitled to receive for their services from the said mayor, al-
dermen and commonalty ; and said common council may pass ordinan-
ces for regulating the said house of correction, and all other ordinances
relative thereto ; and whenever the said house of correction shall be
erected and established, it shall be lawful for the court of oyer and ter-
miner and general sessions of the peace in and for the county of Sche-
nectady, and for every court of special sessions of the peace held in the
said city or county, to sentence and adjudge any offender convicted be-
fore either'of the said courts of any petit larceny, assault and battery or
misdemeanor, committed within the said city or county, to the said house
of correction, instead of the jail of the said county, there to be impris-
oned and kept at hard labor during the term of his or her imprisonment.

§ 22. At the annual meeting of the said common council, on the first
Tuesday of May in each and every year, they may appoint a suitable per-
son to be high constable of said city, who shall possess all the powers of
any constable of the said county, and shall be subject to such rules, or-
dinances and regulations as the said common council shall from time to
time prescribe, and shall receive such compensation for his services as a
police officer as the said common council shall think reasonable to allow,
and shall hold his office during the pleasure of the said common council,
and shall give the like security, to be approved in the same manner and
with the like effect, as other constables elected in the several wards in t

said city ; and in case of a vacancy in the office of high constable, by
removal from office or otherwise, it shall be lawful for the said common
council, at any time, to supply such vacancy ; which high constable so
appointed shall hold his office in the same manner, and give like securi-
ty, as such high constable originally appointed, and be liable in the same
manner. And further, in order to preserve the peace of said city, it
shall be lawful for the said common council, upon emergency, to ap-
point as many special constables for the said city as they in their dis-

eretion may deem necessary, and the same to remove at pleasure ;
which special constables so appointed shall possess all the powers of any
constable of the said county, except the service of process in civil causes.

§ £3. Every person elected to the office of constable in either of the
wards of the said city, shall, before he enters upon the duties of his of-
fice, and within five days after his election, enter into and file in the of-
fice of the clerk of said city, a bond to the said mayor, aldermen and
commonalty, in such penalty as the said common council shall direct,
and with such surety or sureties as the mayor of the said city shall ap-
prove, conditioned for ths faithful discharge of the duties of the said of-
fice ; and it shall and may be lawful for any person or persons that may
be aggrieved by the neglect, omission or refusal of any such constable to
return any execution on the day on which the same was returnable, or to
do or perform any other of the duties attached to the said office, to pro-
secute for and recover from the said constable and his surety or sureties,
or any or either of them, in an action on the case, to be brought against
such constable and his surety or sureties, or any or either of them, or
against his surety or sureties only, all, any or either of them, in any
court having cognizance thereof, the amount of any such execution so
neglected, omitted or refused to be returned as aforesaid, and on which
the party against whom the same was issued shall not be proved to have
been committed to jail by such constable, according to the requirement
thereof ; and in all other cases, such damages only as the person or
persons bringing such action may have sustained by reason of the ne-
glect, omission or refusal of any such constable to perform or fulfil any
other of the duties attached to his said office : in which action the bond
of any such constable and his surety or sureties, with a certificate en-
dorsed thereon of the approval thereof, and of the proof or acknow-
ledgement of the execution thereof before the mayor of the said city,
or a transcript thereof, certified by the said clerk, may be read in evi-
dence, without any further proof thereof ; but no action shall be prose-
cuted or maintained against any such sureties, unless the same shall be
commenced within two years from and after the date of such bond.

§ 24. All licenses to be granted by the mayor and common council of
the said city to inn-keepers or grocers, to sell strong or spirituous li-
quors or wines, shall be in conformity to the provisions of title nine of
chapter twenty of the first part of the Revised Statutes, and the bonds
therein directed shall be taken in granting such licenses, and the said
title shall in all respects apply to such licenses and to persons selling li-
quor contrary to the provisions thereof.

§ 25. The common council of the said city shall have power, from
time to time, to pass ordinances for suppressing’ gaming-houses, billiard
tables, shuffle-boards, keno-tables, pin-alleys, or other machine, instru-
ment, device or contrivance for gaming, and to enforce the observance of
such ordinances by the infliction of penalties not exceeding one hundred
and twenty-five dollars for any one offence ; and in case of any prose-
cution for the recovery of any penalty created by the authority given
by this section of this act, the person or persons having the custody or
care of any such billiard-table, shuffle-board, keno-table, pin-alley, ma-
chine, instrument, device or contrivance for gaming, or the possessor of
the house, room or place where the same shall be kept, shall be deem-
ed and adjudged the owner of such billiard-table, shuffle-board, keno-ta-
ble, pin-alley, machine, instrument, device or contrivance for gaming,
and that he, she, or they keep the same for the purposes of gaming, un-
less the defendant shall prove upon such trial that the same are kept by
him, her or them, as articles of merchandize, and for no other purpose ;
and that in all cases where a recovery shall be had for any penalty to
be created by virtue of the authority granted by this section of this act,
the magistrate before whom such recovery or judgment shall be had,
shall endorse upon the execution to be issued upon any such judgment,
that the defendant or defendants is or are not entitled to the liberties
of the gaol limits ; and upon such defendant or defendants being com- J

mitted to the custody of the sheriff or keeper of the common gaol, it
shall be the duty of such sheriff or keeper to confine the said defendant
or defendants in one of the prison rooms in the said gaol, and him or
them there safely keep, until the said judgment and costs of commit-
ment shall be paid, or he or they be otherwise discharged by due course
of law, any law or custom to the contrary thereof notwithstanding.

§ 26. All that part of the said city lying west of a line to be drawn
from a point in the north boundary line of said city, directly opposite to
the canal bridge at the lower ferry, and running thence southerly to the
northeast corner of a lot of ground situate in the second ward of said <

city, formerly owned by Barent Mynderse, and now or lately belonging
to Oliver Ostrom, and thence, with a straight line, to the south bounda-
ry of the said city, shall be “ The police district.” All taxes to be le-
vied by the common council of said city for defraying the expenses of
supporting a night watch, and for lighting the streets within said eft If,
shall be imposed on such only of the taxable inhabitants of said city as
reside within the said district.

§ £7. The common council of the said city for the time being-, shall"
be, and they are hereby, constituted commissioners of highways for the
said city ; and it shall be lawful for any three of the said council to be
for that purpose appointed by the said common council to lay out, alter
or discontinue, such roads or highways as it may be deemed necessary
or proper to lay out, alter or discontinue, pursuant to the statute rela-
tive to the laying out, altering or discontinuance of public and private
roads, and subject to the approbation of the said common council. The
said city and its inhabitants shall, from and after the passing of this act,
be exempt from the operation of the statute relative to highways, and of
any acts heretofore passed relative to the said city, so far as the said
acts relate to the manner of repairing and keeping in order the high-
ways within the said city, and the assessment for road work for the
same ; and the common council are hereby authorized and required to
repair and keep in order the highways within the said city, and to cause
all such common sewers, drains and vaults as may be necessary, to be
made and kept in repair within the same, in such manner as they may
deem proper. And the common council of the said city shall yearly de-
termine the sum necessary to be raised by tax for defraying the expen-
ses of keeping the highways and bridges in said city in repair, and for
making and keeping in repair any common sewers, drains or vaults
within the same ; and the sura necessary to be raised by tax for the
support of the poor in said city, for the year next ensuing ; and the
board of supervisors of the county of Schenectady, being served with a
copy of the resolution of the said common council, requiring such sum
or sums to be raised for both or either of the said purposes, shall cause
the same to be assessed, levied and collected according to law, as other
city taxes are assessed, levied and collected ; and such moneys, when
collected, shall be paid to the treasurer of the said city, and shall be'
drawn, expended and applied under the direction of the said common
council.

§ £8. It shall be lawful for the common council of said city to prohi-
bit any public shows, or theatrical or other exhibitions in the said city,
under the penalty of not exceeding fifty dollars for every offence, or to
grant licenses therefor, under such restrictions as they may deem pro-
per ; and in their discretion they may exact and receive for such licen-
ses, such sum or sums of money as they may deem reasonable, not,
however, to exceed the sum of ten dollars for any one license.

§ £9. The common council of the said city shall have power and au-
thority to pass such by-laws and ordinances as they, or a majority of

them, may from time to time deem expedient, the better to manage and
secure their common property, and also for the more effectual suppres-
sion of vice and immorality ; for preserving peace and good order ; to
prevent and punish forestalling and regrating, and for detecting and re-
straining every kind of fraudulent device and practice within the said
city; to regulate the keeping, carting, conveying and transporting of
gun-powder and other combustibles or dangerous materials, and the use
of lights and candles in livery aud other stables ; to remove or prevent
the construction of any fire-place, hearth, chimney, stove, oven, boiler,
kettle or apparatus, used in any house, building, manufactory or busi-
ness, which may be dangerous in causing or promoting fires ; to direct
the safe construction of deposits for ashes, and to appoint one or more
officers, at reasonable times to enter into and examine all dwelling-
houses, lots, yards, enclosures and buildings, of every description, in
order to discover whether any of them are in a dangerous state, and to
cause such as may be dangerous to be put in a safe and secure condi-
tion ; to regulate the guaging of all casks of liquids and liquors, and to
appoint one or more suitable persons to superintend and conduct the
same ; to regulate the place and manner of selling and weighing of hay,
and the measuring and certifying the quantity of wood that may be sold
in said city, except wood sold by the load, and cases where the pur-
chasers and sellers shall agree as to the quantity and quality ; and to
appoint one or more inspectors or measurers of wood, stone, coal, lime
and salt, and weighers of hay and plaister, and to regulate their fees ; to
restrain and punish the forestalling of poultry, butter and eggs ; to pre-
vent and regulate the running at large of dogs ; to appoint an examiner
of weights and measures, and prescribe his duties and fees ; to regulate
or prevent the carrying on manufactories dangerous in causing or pro-
moting fires ; to appoint fire-wardens and fire-engineers, with such du-
ties and powers as the said common council shall prescribe, and to adopt
and establish such measures and regulations for the prevention or sup-
pression of fires, as the said common council shall deem expedient ; to
compel the owners and occupants of other houses and buildings, to
have scuttles on the roofs of any such houses and buildings, and stairs
and ladders leading to the same ; to regulate the dimensions of chim-
neys so as to admit chimney-sweeps to sweep and clean the same ; to
appoint watchmen, and prescribe their powers and duties ; to authorize
any magistrate, constable or other person, to stop any person riding or
driving immoderately through or in any street of the said city, or other-
wise to prohibit such offences ; to abate or remove any nuisances in said

city ; to regulate the market and markets in said city ; to establish a
slaughter-house, and to regulate the killing of any animals for market
in said city ; to appoint firemen to take the charge and management of
the fire-engines and apparatus thereunto belonging, under such regula-
tions as they shall deem necessary, and remove the same firemen and
appoint others in their stead, which firemen shall be exempt from serv-
ing as constables or jurors, or in the militia, except in case of insurrec 1 -
tion, invasion, or other imminent danger, and the names of such fire-
men shall be entered with the clerk of the said city, whose certificate
shall be sufficient evidence of such exemption in all courts and else-
where ; to authorise the mayor, recorder, or any alderman or fire-war-
den, to remove or keep away from the vicinity of any fire, all idle and
suspicious persons during such fire, and to compel any person or per-
sons to aid in the extinguishment thereof, or in the preservation of pro-
perty exposed to the danger of such fire ; to require the sheriff and his
deputies, the marshal, watch and constables, to be aiding in the extin-
guishment of all fires, and in preventing goods from being purloined
thereat, and in securing the same, subject to the orders of the mayor,
recorder, or any alderman present at such fire ; to require the inhabi-
tants of said city respectively to provide such and so many fire-buck-
ets, and in such manner and time as they shall prescribe, and to regu-
late the use of them in times of fire ; to prevent persons from selling
fruit and cakes, unless licensed in the manner they shall direct ; to re-
gulate the police of said city ; to direct the paving, flagging or repair-
ing of any of the streets in said city ; to regulate the assize and quality
of bread, and to provide for the seizure and forfeiture of bread baked
contrary thereto ; to prevent the incumbering of the streets, side-
walks, walls or alleys, with wheel-barrows, carriages, carts, casks,
boxes, lumber, stone, or any other things whatsoever ; to restrain the
running at large of cattle, horses and swine ; to compel the sweeping
of chimneys, and to prevent chimney-sweeps, unless licensed as they
shall direct, from sweeping or cleaning of chimneys ; to restrain all
vagrants, mendicants, street-beggars, or persons soliciting alms, or
subscriptions for any purpose whatsoever, and all persons from harbor-
ing them without giving previous notice thereof to a member of the
common council or one of the board of magistrates ; to light the streets
of the said city ; to preserve the aqueducts in said city ; to regulate the
pumps and wells in the streets of said city, and to prevent the unneces-
sary waste of water, which may be needed for the use of the inhabi-
tants of said city ; to establish and regulate one or more public pounds
C

in said city ; and for regulating, making, amending and maintaining
partition and other fences ; to ascertain, fix, establish and settle the
boundaries of that part of the said city called the “ Police,” and the
boundaries of all streets, alleys and lots in said city, and to prevent and
remove all encroachments into and upon said streets and alleys ; to
prevent and restrain any riot, route, noise, disturbance or disorderly as-
semblages in any tavern, grocery, street or place in said city : to regu-
late the burial of the dead ; to regulate the vending of meat and vege-
tables in said city ; for requiring the due and punctual attendance of
the officers and members of the said common council at their several
meetings, and generally to make all such rules, regulations, by-laws
and ordinances, for the good government, order and safety of the said
city, and the trade and commerce thereof, as they may deem expedient,
not repugnant to the constitution or laws of this state ; but no sale,
lease, gift, or disposition whatever, of the lands, quit- rents or other
property of the said city, shall be valid, nor shall any appropriation of
any of the moneys or property of the said city be made for any pur-
pose whatever, unless by and with the assent of at least two-thirds of
all the members composing the common council of the said city ; and
the said common council may enforce the observance of any by-law T s or
ordinances to be made or passed by them, by inflicting penalties for the
violation of the same, not exceeding fifty dollars for any one offence,
recoverable with costs, in an action of debt, by and in the name of the
treasurer of the said city, for the use of the said mayor, recorder, aider-
men and commonalty, before any court having cognizance thereof ; in
which action the first process may be by warrant, and there shall be no
stay of execution after judgment, upon any pretence whatever, without
the consent of the said treasurer, and there shall be no exemption al-
lowed thereupon ; and in w 7 hich action it shall be lawiul to declare ge-
nerally in debt for such penalty, and give the special matter in evidence*
§ SO. Upon the trial of any issue, or upon the taking or making of
any inquisition, or upon the judicial investigation of an } 7 facts whatever,
to which issue, inquest or investigation, the mayor, recorder, aldermen
and commonalty of the said city are a party, or in w 7 hieh they are in-
terested, no person shall be deemed an incompetent witness or juror,
by reason of his being an inhabitant, freeholder or freeman of the said
city : and if any person shall be sued or impleaded by reason of any
thing done by virtue of this act, it shall be lawful for such person to
plead the general issue, and give this act and the special matter in evi-
dence at the trial.

§ 31. The common council of the said city may, from year to year,
levy and collect a tax upon the taxable inhabitants residing within the
bounds of the “ police district,” to defray the- expenses of lighting the
streets of said city, and supporting a night watch therein, in such man-
ner, at such times, and to such an amount, not exceeding six hundred
dollars for either of the purposes aforesaid, as the said common council
shall deem expedient and proper ; which sums so directed to be levied
and collected by the said common council, shall be assessed by the as-
sessors of the several wards of said city upon the said taxable inhabit-
ants, according to the last assessment roll, and a warrant issued for
the levying and collection of said tax, under the common seal of the
city, shall have the like power and effect as if issued by the board of su-
pervisors ; and that the collectors in the several wards shall have the
like power and authority in the collection of the said tax, as they have
in the collection of any other tax, and shall give such security for the
faithful discharge of their duty therein, as the said common council
shall direct.

§ 32. The treasurer of the said city shall, as soon as may be after his
appointment, and before he enters upon the duties of his office, execute
a bond to the said mayor, recorder, aldermen and commonalty, with
two sureties, to be approved of by the said common council, in the sum
of five thousand dollars, and filed in the office of the clerk of said city,
conditioned that he shall faithfully execute the duties of his said office,
which security, in case of a reappointment of the same person as trea-
surer, shall be renewed annually, and before the said treasurer shall en-
ter on the duties of his office.

§ 33. It shall be the duty of the clerk of said city to provide and
keep a book or books of minutes of the proceedings of the said common
council, which shall be open at all proper times for the inspection of any
of the inhabitants of the said city : and the clerk, treasurer, superin-
tendent and marshal of the said city, shall severally be paid out of the
city treasury, such compensation for their services as the said common
council shall deem reasonable and proper. The treasurer of said city
shall annually, between the first and fifteenth days of March in every
year, publish a detailed statement of the funds of the said city, with a
full account of the expenditures and receipts for the last preceding year.

§ 34. The common council of the said city may, from time to time,
make and establish by-laws and ordinances, ordering and directing any
of the streets or lanes in the said city, or any parts of them, to be pitch-
ed, levelled, paved, flagged, Macadamized, or covered with broken

stone, gravel or sand, or for the altering or repairing the same, within
such time and in such manner as they may prescribe, under the superin-
tendence and direction of the city superintendent ; and in case the own-
ers or occupants of any houses or lots in any such streets or lanes shall
neglect or refuse to comply with the requisitions of any such by-laws or
ordinances, it shall and may be lawful for the said common council to
cause so much of the said streets or lanes in front of the houses or lots
of the person or persons so neglecting or refusing, to be conformed to
such by-laws or ordinances, under the direction of the said superintend-
ent ; and upon the production, by the said superintendent of the said
common council, of an account certified under his oath of office, of the
expenses incurred in conforming the same to such by-laws or ordinan-
ces, and the allowance and payment thereof by the said common coun-
cil, it shall and may be lawful for them to sue for and recover from such
owners or occupants, or their legal representatives, in the name of the
treasurer of the said city, the amount of such expenses, with interest
and costs, in any court having cognizance thereof, in an action on the
case for so much money paid, laid out and expended, for such owners or
occupants, by the said mayor, recorder, aldermen and commonalty ;
and the said account, and proof of the payment of the amount, shall be
presumptive evidence for the plaintiffs in every such action.

§ 35.. In case any lots, in front where the streets or lanes shall have
been directed to be pitched, levelled, paved, flagged, Macadamized,
gravelled or repaired, by any by-law or ordinance of the said corpora-
tion, shall be vacant, and the same shall have been conformed to any
such by-law or ordinance, by and at the expense of the said mayor, re-
corder, aldermen and commonalty, in consequence of the neglect or re-
fusal of the owners of such lots to comply with the requisitions of such
by-law or ordinance, it shall be lawful for the said mayor, recorder, al-
dermen and commonalty, if they shall see fit, instead of pursuing the
remedy by action provided by the last preceding section, to cause such
vacant lots to be advertised in one of the public newspapers printed in
the said city, and in one of the public newspapers printed in the city of
Albany, for six months, requiring the owners of such lots respectively
to pay to the treasurer of the said city of Schenectady the amount of
the expenses that may have been incurred and paid by the said mayor,
recorder, aldermen and commonalty, in conforming any such streets or
lanes in front of any such lots, to the said by-laws or ordinances, and
that if default shall be made in such payment, such lots will be sold at
public auction, at a day and place therein to be specified, for the lowest

term of years at which any person shall offer to take the same, in con-
sideration of advancing the amount of the said expenses ; and if, not-
withstanding such notice and demand, the owner or owners shall re-
fuse or neglect to pay the same, with the interest and the costs and
charges of the advertisement, then it shall be lawful for the said mayor,
recorder, aldermen and commonalty, to cause the said lots to be sold
at public auction for a term of years, for the purposes and in the man-
ner expressed in the said advertisement, and to give a declaration of
such sale to the purchaser thereof, under the common seal of the said
city ; and such purchaser, his executors, administrators and assigns,
shall, by virtue thereof, and of this act, lawfully hold and enjoy the
same for his and their own proper use, against the owner or owners
thereof, and all claiming under him or them, until his term therein shall
be fully complete and ended, being at liberty to remove all the build-
ings and materials which he or they shall erect or place thereon, but
leaving the ground in sufficient fence, and with the street or streets
fronting the same, in the order required by the said by-laws or ordi-
nance : and further, the amount of the expenses incurred and paid by
the said mayor, recorder, aldermen and commonalty, for conforming
the streets or lanes in front of any such vacant lots, shall remain a lien
thereon from the time of the payment thereof by the said mayor, re-
corder, aldermen and commonalty, in manner aforesaid, until paid or
otherwise satisfied.

§ 36. If the expenses that may be incurred and paid by the said may-
or, recorder, aldermen and commonalty, for conforming the streets or
lanes in front of any such vacant lots, to any such by-laws or ordinan-
ces, shall be paid by any person, when, by agreement or by law, the
same ought to have been borne or paid by some other person, then it
shall be lawful for the person paying the same, to sue for and recover
the same, with interest and costs of suit, in any court having cogni-
zance thereof, as so much money paid for the use of the person who
ought to have paid the same ; and the account of such expenses, certi-
fied as aforesaid by the city superintendent, and proof of payment, shall
be conclusive evidence in such suit ; and in all cases where there is no
agreement to the contrary, the owner or landlord, and not the occu-
pant or tenant, shall be deemed the person who in law ought to bear
and pay such expenses.

§ 37. The said common council shall and may hereafter open and lay
out public streets in the said city, of any width less than four rods ; and
if in the opinion of the common council it shall be necessary to take any

vacant ground or lots unoccupied, of any person, for the purpose of
opening, widening, straightening, laying out or altering any street or
slip, and the common council shall require the same, they shall give
notice thereof to the owner or parties interested therein, or to his or
their agent or legal representatives, and the said common council shall
treat for such ground with such person ; and if any such person shall
refuse to treat for such ground, or the common council cannot agree
for the same, it shall and may be lawful for the mayor or recorder, by
a precept under their hands and seals, to command the sheriff of the
county of Schenectady to impannel and return, and he is hereby re-
quired to impannel and return, a jury, to appear before the court of
common pleas of the county of Schenectady, at the next term thereaf-
ter, to inquire and assess the damages and recompense due to the own-
er or owners of such ground as aforesaid ; at the same time to sum-
mon the owner or owners of such ground, or his or their agent or legal
representatives, by written notice to be left at his or their most usual
place of abode, five days at least previous to the day of appearance spe-
cified in such precept, to appear before such court of common pleas on
the day and at the place therein mentioned ; upon which venire the
said sheriff shall summon twenty-four good and lawful men, freehold -
ers of the city of Schenectady ; which jury, being first duly sworn
faithfully and impartially to inquire into and assess the damages in ques-
tion, and having viewed the premises, (if necessary,) shall inquire of
and assess such damages and recompense as they shall, under all the
circumstances, judge fit to be awarded to the owner or owners of such
ground for their respective losses, according to their several interests
and estates therein ; and the verdict of such jury, and the judgment of
the said court of common pleas, and the payment of the sum of money
so awarded and adjudged to the owner or owners thereof, or tender and
refusal thereof, shall be conclusive and binding against the said owner
or owners, his and their respective heirs, executors, administrators and
assigns, claiming any interest or estate of, in or to the same ground ;
and it shall thereupon be lawful for the said mayor, recorder, aldermen
and commonalty, to cause the same ground to be converted to and used
for the purposes aforesaid : provided always, that if such owner or par-
ties shall be unknown to the common council, they shall cause notice
as aforesaid of such intended appropriation, specifying therein the
ground to be appropriated, to be published six weeks successively, in
the newspaper printed by the printer to the state ; and after the expi-
ration of such notice, to cause the damages to be assessed in the man-

£3

ner aforesaid, without any other notice ; and the sheriff in serving the
venire aforesaid, instead of summoning such owner or parties to appear,
may serve a notice in writing, of the time and place of return of such
venire, by affixing the same on some conspicuous part of the premises,
at least eight days before such return, which service shall be deemed a
sufficient summons ; and it shall also be sufficient to state in the venire,
that the premises belong to persons unknown ; and provided further,
that the said common council may appropriate the premises aforesaid in
cases of unknown or non-resident owners or parties, before payment of
the sum or sums assessed, and on such owner or owners, or either of
them, applying to the said court of common pleas, and on proving the
extent of his or their interest in the premises appropriated, to the satis-
faction of the said court, such court shall thereupon ascertain and de-
termine the part or portion of the sum assessed to be paid to such own-
ers and parties so applying respectively, and enter the same in their
minutes-; a copy of which entry, under the seal of the said court, and
certified by the clerk, shall entitle the said owners or parties respec-
tively, to the sum or sums so ascertained and determined ; and in case
of non-payment on demand, with interest, or, in cases where the own-
ers or parties shall be known and named in the venire, the said com-
mon council shall refuse or neglect, on demand, to pay the sum or sums
assessed, with interest from the time of the judgment rendered upon
such assessment, the said parties, or either of them, entitled to the'
same, may sue for and recover the same from the said mayor, recorder,
aldermen and commonalty, in an action of debt, together with such in-
terest and costs, in any court having cognizance thereof ; and the pro-
ceedings under the said venire, and antecedent thereto, shall be conclu-
sive evidence against the defendants. Nothing herein contained shall
be construed to extend to the taking or appropriating, without the con-
sent of the owners, any dwelling-house or houses, or the ground on
which the same is or are erected. Any person aggrieved by any such
assessment made under this section of this act, shall have a right to
appeal to the supreme court of this state, whose decision upon the same
shall be final and conclusive.

§ 88. Where any known owner or party residing in the said city,
shall be an infant, without a guardian, and any proceedings shall be
had under the preceding section, it shall be lawful for the said court of
common pleas, upon application to them by the common council, or by
such minor, to appoint a guardian for the faithful execution of his trust ;
and every subsequent notice and summons under the said section, shall

be made and served on such guardian, instead of such infant ; but if such
infant reside without the said city, or be unknown, then proceedings
shall be in like manner as against absent or unknown owners under the
preceding section, and with like effect.

§ 39. It shall be lawful for the said common council, from time to
time, to appoint so many of the members thereof as shall be thought
necessary to form a board of health, to aid and assist the mayor of the
said city to carry into effect the provisions of the several statutes which
are or maybe passed to preserve the health of the said city, and to pre-
vent the introduction and spreading of infectious and pestilential diseases
in the "same : and further, that the members of the said board of health
shall receive a reasonable compensation for their services, to be deter-
mined by the said common council, and paid by the mayor, recorder, al-
dermen and commonalty of the said city.

§ 40. That for the good government of the said city of Schenectady,
and for the purpose of enforcing the laws of this state, and the ordinan-
ces of the common council of the said city, a police office may be estab-
lished by the said common council, at such place as they shall from time
to time provide and assign.

§ 41. The common council of the said city shall have power and au-
thority to regulate the police of said city, and to appoint one or more
persons, being citizens of said city, and not exceeding three, as police
justices, to hold their offices during the pleasure of the common coun-
cil ; and that the said police justice or justices, shall have and exercise
the like powers in said city as are now exercised by any alderman there-
of, or by justices of the peace in the different towns of this state : pro-
vided, that nothing herein contained shall be construed to authorise said
police justice or justices to try any civil causes for the recovery of debts.

§ 42 u That when, in the opinion of the said common council, they
shall deem any building, fence, or other erection, liable to fall down,
and endanger the lives of any persons, it shall be lawful for the common
council to direct the owner or occupant to have the same taken down,
within such reasonable time as they shall think proper ; and in case such
direction shall not be complied with, it shall be lawful for the common
council of said city to direct the same to be taken down at the expense
of such owner or occupant, to be recovered with costs of suit, from such
owner or occupant, in an action of debt, in the name of the treasurer of
said city.

§ 43. All acts and parts of acts of the legislature of this state, hereto-
fore passed, relating to the said city of Schenectady, which are repug-

nant to or inconsistent with the provisions of this act, shall, from and
after the thirtieth day of May next, be, and the same are hereby, re-
pealed.

§ 44. The legislature may at any time alter, modify or repeal this
act, or any of its provisions.

AN ACT to incorporate the Mohawk Turnpike and
Bridge Company.

Passed April 4, 1800.

6. What bridges to be considered as part of said road.

8. Gate may be erected on bridge at Schenectady. — Proviso.

§ 6. And be it further enacted , That all bridges being on the said
road, including the said bridges across the Mohawk river at Schenec-
tady and Utica, shall be considered as part of the said road, and shall
be maintained and kept in repair by the said president, directors arid
company, during the continuance of this act.

§ 8. And be it further enacted , That as soon as the bridge at the city
of Schenectady aforesaid, shall be completed and finished, it shall be
lawful for the president, directors and company to erect a gate and
turnpike upon and across the said bridge, and to ask, demand and re-
1 ceive from all and every person and persons who shall pass over the
same, the like tolls and duties as hereinafter granted to the said corpo-
ration for every ten miles of said road : provided always, that the citi-
zens of the said city of Schenectady shall be allowed to compound with
the said president and directors by the year, for passing the said bridge.

AN ACT to amend the act entitled “An act to incorpo-
rate the Mohawk Turnpike and Bridge Company
and the different acts amending the same.

Passed Feb. 21, 1812.

3. Gates arid toll-houses, how to be placed. — Provisos as to toll to be ex-
acted.

§ 3. And be it further enacted , That it shall and may be lawful for
the president and directors of the aforesaid company to place their toll-
D

gates and toll-houses at such distances as they may find most conve-
nient : provided none of the said gates are less than eight miles from
each other, except two half-toll gates ; and provided they have no more
than seven whole and two half-toll gates on the whole road from Sche-
nectady to Utica ; and provided further, that no gate shall be placed
nearer to the city of Schenectady than five miles from the Mohawk
bridge at Schenectady, nor nearer the village of Utica than four and a
half miles thereof, nor nearer the village of Herkimer, on the east there-
of, than two miles ; and provided further, that no toll shall be exacted
from the inhabitants of the city of Schenectady at the gate nearest said
city, when going for, or coming with hay or wood, for the use of said
city ; nor any toll from the inhabitants of the fourth ward of said city,
when passing the said last mentioned gate on any occasion.

AN ACT relating to the Mohawk Bridge Company.

Passed April 10, 1818-

Preamble.

1. Toll regulated in certain cases.

5. Evidence required in certain cases.

Whereas an agreement was entered into by the corporation of the
city of Schenectady, and the president and directors of the Mohawk
Bridge Company, relative to the toll to be taken and received from the
citizens of said city, for crossing said bridge, for a limited time, which
time having expired, and the said citizens having petitioned to have the
same rates made perpetual, to which the said president and directors
have assented : Therefore,

Be it enacted , by the People of the State of New- York, represented in
Senate and Assembly, That no more or greater toll shall be demanded
from the citizens of Schenectady, for crossing the Mohawk Bridge, at
the city of Schenectady, than the following, to wit : Every five sheep,
hog or calf, one and a half cents ; every head of horned cattle, nine
cents ; every horse, jack or mule, led or rode, six and a quarter cents ;
every two wheel pleasure carriage, drawn by one horse, jack or mule,
twelve and a half cents, and six and a quarter cents for every addition-
al horse, jack or mule ; every four wheel pleasure carriage, the body
whereof is supported by springs or thorough braces, drawn by one
horse, jack or mule, eighteen and three quarter cents, and six and a

£7

quarter cents for every additional horse, jack or mule ; every pleasure
wagon, drawn by one horse, jack or mule, twelve and a half cents, and
six and a quarter cents for every additional horse, jack or mule ; every
stage wagon drawn by one horse, jack or mule, twelve and a half cents ;
every stage wagon drawn by two horses, jacks or mules, twelve and a
half cents, and six and a quarter cents for every additional horse, jack
or mule ; every freight or burthen wagon drawn by one horse, jack or
mule, six and a quarter cents ; every freight or burthen wagon drawn
by two horses, jacks, mules or oxen, nine and a half cents, and four and
a half cents for every additional horse, jack, mule or ox ; every freight
or burthen wagon going to a foreign market with wood, hoop-poles,
staves or barrels, drawn by two horses, jacks, mules or oxen, when
going to market eighteen and three quarter cents, and when returning
from market nine and a half cents, and four and a half cents for every
additional horse, jack, mule or ox ; every cart or other two wheel car-
riage of burthen, drawn by one horse, jack, mule or ox, six and a quar-
ter cents ; every cart or other two wheel carriage of burthen, drawn
by two horses, jacks, mules or oxen, ten and a half cents, and four v and
a half cents for every additional horse, jack, mule or ox ; every sleigh or
sled of any description, drawn by two horses, jacks, mules or oxen,
nine and a half cents, and four and a half cents for every horse, jack,
mule or ox ; every foot passenger one cent ; every load of lime, timber,
staves, hoop-poles or other articles, not the produce of the farms, drawn
by two horses, jacks, mules or oxen, coming into the first or second
wards of Schenectady, twelve and a half cents, and nine and a half
cents when such wagon shall return empty, every additional horse, jack,
mule or ox four and a half cents.

§ 5. And be it further enacted , That the toll-gatherer or toll-gather-
ers of said bridge shall not be bound to allow any person or persons to
pass the gate or gates thereof, at the mitigated rates of toll, as citizens
of Schenectady, in cases wherein he has not satisfactory evidence of
such person or persons being such citizen or citizens, until satisfactory
proof shall be exhibited to him, nor shall he refund any part of full tolls
received from such citizen, unless such proof be exhibited within ten
days after the taking of the same.

AN ACT for establishing a Turnpike Road from oppo-
site the village of Troy , to the city of Schenectady .

Passed April 2, 1802.

6. [This, section in the first place authorises the erection of gates and the
exaction of toll, and then contains the following proviso:]

And ‘provided further , That the mayor, aldermen and commonalty of
the city of Schenectady may, whenever they shall deem it necessary
for the convenience of the inhabitants of the said city of Schenectady,
cause such part of the turnpike track as shall lay within the limits of
the said city to he pitched, levelled and paved, in such manner as to
them shall seem proper, so as that the said president, directors and
company be exempted from any expense incurred by means of such
pitching, levelling or paving, or keeping such part thereof as may be
paved in repair ; and that the said turnpike company shall not be per-
mitted to alter the level so established by the said mayor, aldermen and
commonalty.

AN ACT relating to the different Colleges within this
State.

Passed April 9, 1813.

15. Gaming, &c. in first and second wards of Schenectady prohibited to
students, and how. — Penalty.

§ 15. And he it further enacted , That it shall not be lawful for any
person to entice the students of Union College, or of the grammar
school belonging to the same, into the vice of gaming, by keeping with-
in the first and second wards of the city of Schenectady, any billiard
table or other instrument or device for the purpose of gaming ; and
that if any person shall keep any billiard table or other instrument or
device for gaming, within the aforesaid first and second wards of the
city of Schenectady, or shall entice or permit any student of Union
College, or of the grammar school belonging to the same, to game or
play at the said billiard table or other instrument or device aforesaid,
or shall entice or permit them, or any of them, to enter the place where

tiie same is kept, every person so offending sliall forfeit the sum of
twenty -five dollars for every such offence, to be recovered in an action
of debt in any court having cognizance thereof, the one moiety to the
use of the people of this state, and the other to the benefit of such per-
son as shall prosecute therefor.

AN ACT for the payment of qertain officers of Govern-
ment, and for other purposes.

Passed April 15, 1814.

34. Students of Union College, wine, &c. not to be furnished them.

§ 34. And be it further enacted , That from and after the passing of
this act, it shall not be lawful for any person, residing or being in the
first or second wards of the city of Schenectady, except the steward of
Union College, or such other person as the trustees thereof may author-
ize, knowingly, to furnish for compensation, any student or students
thereof, with any wine or spirituous liquors, of any sort, nor to furnish
for them a room or festival entertainment, or to allow them to attend
the same, by whomsoever furnished.

AN ACT to amend the act entitled “An act concerning
the inspection of sole leather” and for other purposes.

Passed April 18, 1815.

5. Duty of Justices of the Peace in Schenectady county.

§ 5. And be it further enacted , That it shall be the duty of any Jus-
tice of the Peace of the county of Schenectady, on complaint being
made to him of any person or persons offending against either of the
provisions contained in the thirty-fourth or in the thirty- fifth sections
of the act entitled “ An act for the payment of certain officers of gov-
ernment, and for other purposes,” passed April 15th, 1814, to issue his
warrant to apprehend such person or persons, and on their being con-
victed thereof, by one or more credible witnesses, to fine such person
or persons, in a sum not exceeding twenty-five dollars ; and in case the

same is not paid, to issue an execution, directed to any constable of
the said county, whose duty it shall be to collect the same in the man-
ner specified in the act entitled “ An act for the recovery of debts to
the value of twenty-five dollars,” passed April 5, 1813, and when col-
lected, to pay the same to the treasurer of the city of Schenectady, for
the benefit of the poor thereof.

AN ACT relative to billiard tables , and for other pur-
poses .

Passed April 17, 1818.

1. Certain sections extended.

§ 1. Be it enacted by the People of the State of JYew- York, represented
in Senate and Assembly , That the provisions contained in the thirty-
fourth and thirty-fifth sections of the act entitled “ An act for the pay-
ment of certain officers of government, and for other purposes,” passed
April 15th, 1814, and also the provisions in the fifth and sixth sections
of the act entitled “ An act to amend the act entitled ‘ An act concern-
ing the inspection of sole leather,’ and for other purposes,” passed April
18th, 1815, and also the provisions of the first section of an act con-
cerning Union College, passed April 1, 1808, be, and the same are
hereby, extended to the third and fourth wards of the city of Schenec-
tady.

AN ACT to amend an act entitled “An act relative to
the city of Schenectady” passed the 2d day of April ,
1814 .

Passed April 15, 1814.

1. Trespasses on common lands, how punished.

§ 1. Be it enacted by the People of the State of New- York, represented
in Senate and Assembly , That any person or persons, whether inhabi-
tants of said city or not, who shall cut any timber or wood on the com-
mon lands of said city, or shall transport or carry away the same, or
'Carry away any timber or wood cut by any other person or persons, on

said common lands, or shall aid or assist, or cause or procure any tim-
ber or wood to be cut on the said common lands, or transported or car-
ried away, off or from the said common lands, contrary to the by-laws
and ordinances of the mayor, aldermen and commonalty of said city,
passed or to be passed, for the preservation of the timber or wood on
the said common lands, pursuant to the laws of this state, shall be lia-
ble to be indicted and punished, as for wilful and malicious trespass
committed on private property.

AN ACT in addition to the act relating to the city of
Schenectady .

Passed March 10, 1815.

9: Dogs may be restrained.

§ 9. And be it further enacted , That the mayor, aldermen and com-
monalty of the aforesaid city, be empowered to regulate or prevent the
running at large of dogs in the said city, and also to impose a reasona-
ble tax upon the owners or possessors of such dogs, at their discretion.

AN ACT to incorporate the Schenectady Lancaster
School Society.

Passed November 1£, 1816.

Preamble.

1. Who incorporated. — Style and powers of society.

2. Money raised in the police, how to be appropriated.

3. First trustees.

4. Trustees, how to be elected.

5. Account of the school to be annually published.

6. Declared a public act. — Proviso.

Whereas Maus Schermerhorn and others, have associated for the
purpose of establishing a Lancaster School, in the compact parts of the
first or second ward of the city of Schenectady, in order to render the
benefits resulting from the school fund more extensively useful and ben-

eficial to the inhabitants of said wards : And whereas a great number
of said inhabitants have presented a petition to the legislature, setting
forth the benefits that would result from such an institution, and praying
an act of incorporation for that purpose : Therefore,

1. Be it enacted hy the People of the State of JYew-YorJc, represented
in Senate arpd Assembly , That Maus Schermerhorn and all such other
persons as now are, or shall hereafter be associated for the aforesaid
purpose, shall be, and are hereby, ordained, constituted and declared to
be a body corporate and politic, in fact and in name, by the name of
“ The Schenectady Lancaster School Society,” and by that name, they
and their successors, forever hereafter, shall and may have continual
succession ; and by that name, shall and may be persons in law capa-
ble of suing and being sued, pleading and being impleaded, answering
and being answered unto, defending and being defended, in all Courts
and places whatsoever, in all manner of actions, suits, complaints, mat-
ters and causes whatsoever ; and that they and their successors may
have a common seal, and may change and alter the same at their plea-
sure ; and that they and their successors, by their said name, shall be
forever capable in law, to purchase, take, receive, hold and enjoy any
estate, real or personal whatsoever, of what nature or quality soever,
to the use of them and their successors : Provided always , That the
yearly income of the real and personal estate and hereditaments, held
by the said corporation, do not, nor shall at any time, exceed the sum
of five thousand dollars ; and that they and their successors shall have
full power and authority to lease such real estate and hereditaments on
such terms as they shall judge most beneficial, and also dispose of such
personal estate at their will and pleasure, as shall appear to them most
advantageous for promoting the benevolent purposes of said institution.

§ 2. And be it further enacted , That all money raised, or to be here-
after raised, in that part of the first and second wards of the city of
Schenectady called the police, under the act relative to common schools,
together with theif proportion of the school fund from the state, and the
money in the hands of the commissioners of schools belonging to the
freeholders and inhabitants, within the bounds of the police, shall be
paid to the trustees of the said corporation ; and the money raised in
the remaining parts of the said first and second wards, together with
their proportion of the common school money, be paid to the trustees,
to be elected in the district which shall be composed of the said remain-
ing part of the first and second wards, under the act relative to com-
mon schools, which territory is hereby made a school district for that

purpose, unless the freeholders and inhabitants thereof shall elect to be
annexed to a district or districts in the town of Niskayuna, when it shall
be lawful for them so to do.

§ 3. And be it further enacted , That there shall be, forever hereafter,
thirteen trustees of the said corporation, who shall conduct and manage
the affairs thereof ; and that the first trustees of the said corporation
shall be Maus Schermerhorn, Henry Yates, Jun., Cyrus Stebbins, Ja-
cob Van Ve^hten, Hooper Gumming, Isaac Riggs, Elisha Taylor,
Eliphalet Nott, James Bailey, David Boyd, Abraham S. Groat, Charles
Kane and James C. Duane, who shall hold their offices until the second
Saturday of March, in the year eighteen hundred and eighteen ; and
the trustees of the said corporation for the time being, shall have pow-
er' to establishone or more schools in the first or second wards of said
city, for the purpose aforesaid, whenever they shall deem it expedient.

§ 4. And be it further enacted, That on the second Saturday of
March, in every year hereafter, it shall be lawful for the inhabitants of
the said first and second wards, residing within the police of said city,
entitled to vote for charter officers in said city, to meet at the court
house or city hall of said city, and then and there, by a majority of such
of them as shall so meet, shall, by ballot, elect thirteen citizens to be
trustees of the said corporation for the year next ensuing ; and the trus-
tees shall have power to choose out of their number a president, a trea-
surer and secretary, who shall immediately enter on the duties of their
offices, and hold the same from the time of such election for one year,
and until others shall be elected in their stead ; and in case of the re-
signation, death, or refusal to serve, of any of the trustees, it shall be
in the power of the remaining trustees to elect others in their stead for
the remainder of the term they were to serve.

§ 5. And be it further enacted , That it shall be the duty of the said
trustees of the said corporation, annually, to publish a particular ac-
count of the school under their care, and of the money expended and
received by them during the preceding year, so as to exhibit a full and
true account of the property of said corporation, and that they shall ap-
point a committee from their body, consisting of at least two members,
whose duty it shall be to visit said school at least once a month, and to
report to them, in writing, the state of said school at their next meet-
ing.

§ 6. And be it further enacted , That this act shall be and hereby is
declared a public act, and shall be construed benignly and favorably, for
every beneficial purpose thereby intended, nor shall any non-user of the
E

privileges hereby granted to the said corporation create or produce any
forfeiture of the same, and no misnomer of said corporation, in any deed,
will, testament, gift, grant/demise, or other instrument of contract or
conveyance, shall defeat or vitiate the same ; Provided the corporation
be sufficiently described to ascertain the intention of the parties : Pro-
vided always , that the said corporation shall, under no pretence, exer-
cise any banking operations.

AN ACT to provide for the apportionment of school
money in the city of Schenectady.

Passed April SO, 1829,

S Revised Statutes , pclge 241.

1. Apportionment. — 2. Duty of county treasurer.

3. Of school commissioners. — 4. Of assessors.

5. School trustees.

6. Apportionment of money collected by tax.

7. Lancaster school.

8. Abstracts of assessment rolls.

9. Repeal of certain sections.

§ 1. The amount of monies allowed to the city of Schenectady by the'
superintendent of common schools, shall be apportioned, by the treasu-
rer of the county of Schenectady, between the Schenectady Lancaster
School Society and such common school districts and parts of districts
as now are or hereafter may be organized, without the bounds of the
compact part of the city of Schenectady called the police, and in a ra-
tio proportioned to the number of children over the age of five and un-
der sixteen years within such compact part, and the number of sueh
children in such districts and parts of districts respectively, without
such compact part.

§ 2. The treasurer of the county of Schenectady shall pay the amount
thus apportioned to the Schenectady Lancaster School Society to its
treasurer, for the use of said society, and the amount thus apportioned
to such school districts and parts of districts, to the commissioners of
common schools, for the several wards of the city of Schenectady.

§ 3. The commissioners of common schools for the several wards of
the said city, shall distribute and pay to the trustees of such school dis

tricts and parts of districts, the amount so received by them from the
county treasury, in proportion to the number of children residing in
each, over the age of five and under that of sixteen years, as the same
shall have appeared from the last annual report of their respective trus-
tees.

§ 4. The assessors of the several wards of the city of Schenectady
shall, every year, in their respective wards, take a census of the chil-
dren between the age of five and sixteen years, residing within the com-
pact part of said city, and shall, between the first day of May and the
first day of October in each year, make and transmit a report of the
same to the clerk of the county of Schenectady.

§ 5. The reports required by law to be made by the trustees of the
common school districts and parts of districts, without the bounds of
the compact part of the city of Schenectady, to the commissioners of
common schools for the several wards of the said city, shall be verified
by the affidavit of the said trustees.

§ 6. The monies received by the treasurer of the county of Schenec-
tady, from taxes collected in said city, under the laws relative to com-
mon schools, shall be apportioned by him between such common school
districts and parts of districts, without the bounds of the compact part
of said city, and the Schenectady Lancaster School Society, in the ra-
tio proportioned to the amount of the assessments of the real and per-
sonal estates of the taxable inhabitants residing in such districts and
parts of districts, and the assessments of all real estates situate therein
and owned by the persons residing out of such districts and parts of dis-
tricts, and the amounts of the assessments of the real and personal es-
tates of all the taxable inhabitants of the city, after deducting thereout
the aggregate of the assessments last mentioned,

§ 7. The treasurer of the county of Schenectady shall pay the amount
apportioned by virtue of the last preceding section, to the Schenectady
Lancaster School Society, to its treasurer, for the use of said society,
and the amount apportioned under said sections to such school districts
and parts of districts, to the commissioners of common schools for the
several \tfards of said city,* which amount, so paid to the said commis-
sioners, shall be distributed and paid by them in the manner provided
in the third section of this act.

§ 8. To enable the treasurer of said county to make the apportion-
ment required by the sixth section of this act, the assessors of the seve-
ral wards of the city of Schenectady shall annually, within the time lim-
ited in the fourth section of this act, for taking the census therein men-

tioned, make out and deliver to the treasurer of said county an abstract
from the assessment rolls of their respective wards, containing the
names and the amounts of the assessments of the real and personal es-
tates of each of the taxable inhabitants residing in the said school dis-
tricts or parts of districts, together with the amount of the assessments
of all real estate situate therein and owned by the persons residing out
of such districts or parts of districts.

§ 9. The fifth, sixth, seventh and ninth sections of the act entitled
“An act relative to the city of Schenectady,” passed April 2 1st, 1828,
are hereby repealed.

Local regulations respecting Common Schools.

Sections 150 , 151 , 152 , of Titled, Chap. 15 , Part 1 ,
page 494 , of Revised Statutes.

150. Annual report by trustees of Lancaster school, and by teachers of
common schools.

151. Territory to be divided by commissioners.

152. Annual reports of Lancaster schools.

§ 150. The trustees of the Schenectady Lancaster School Society,
and all teachers of common schools within the compact part of said ci-
ty, shall make an annual report to the clerk of the county of Schenecta-
dy, within the same period that other district school reports are to be
made, of the number of children within the compact part of said city,
over the age of five and under the age of sixteen years.

§ 151. The commissioners of schools of the city shall divide that por-
tion of the territory of the first and second wards of the city, not com-
prised within the bounds of the police, into such number of school dis-
tricts as they may deem convenient, and may alter and regulate such
districts, according to the provisions of this title : and the provisions of
this title shall apply to all districts so established.

§ 152. It shall be the duty of the trustees of the Lancaster School in
the city of Albany, of the corporation of the city of Hudson, and of the
trustees of the Schenectady Lancaster School Society, to make an an-
nual report to the superintendent of common schools, in such form as
shall be prescribed by him, of the state and condition of the schools for
whose benefit the school monies shall have been applied in the cities of
Albany, Hudson and Schenectady.

£7

AN ACT authorizing the Mayor of the city of Schenec-
tady to perform certain duties of a Judge of the Su-
preme Court .

Passed March 14, 1817.

Be it enacted , by the People of the State of JYcio- York, represented in
Senate and Assembly , That the mayor of the city of Schenectady, (if,
for the time being*, of the degree of counsellor at law of the supreme
court of this state,) shall be, ex officio, a commissioner, equally author-
ized and empowered with the recorders of the cities of New-York, Al-
bany and Hudson, to do and execute every act, power and trust, which
the said recorders respectively may do and execute, by virtue of the
eleventh section of the act entitled “An act concerning the supreme
court,” and by the act entitled “ An act for giving relief in cases of in-
solvency and the said mayor shall receive the like fees allowed by
law to the said recorders for such services.

AN ACT relative to the city of Schenectady .

Passed April 12, 1822-

2. Mayor, aldermen, &c. not to receive pay. — Proviso.

§ 2. And be it further enacted , That no person hereafter elected may-
or, alderman or assistant, of the said city of Schenectady, shall receive
any compensation from said city for his or their services as such mayor,
alderman or assistant ; nor shall either of them be eligible to or capa-
ble of holding any office or appointment in the gift or at the disposal of
the corporation of said city, or any way be employed by them to per-
form any service for which he or they are to receive or be entitled to
any pay or compensation whatever : Excepting, always, for performing
the duties of police officers, or when, by the appointment of the said
corporation, they shall visit the alms-house of said city, or perform the
duties of commissioners of highways without the bounds of the compact
part of the said city, for which services they shall receive a reasonable
compensation : Provided also , That nothing herein contained shall pre-

vent the mayor of said city from receiving any fees allowed by any
laws of the legislature of this state, for any services performed by vir-
tue of said office, nor from receiving any compensation for any services
done or performed by him in his capacity of mayor, and which are at-
tached to said office as part of the duties thereof.

AN ACT relative to the city of Schenectady .

Passed April 21, 1828,

1. Mayor re-eligible. — Aldermen or assistants may be candidates.

§ 1. Any person holding the office of alderman or assistant aider-
man of the city of Schenectady, shall be eligible and capable of holding
the office of mayor of said city ; and any mayor of said city shall be eli-
gible to a re-appointment or re-election, any thing contained in the act
entitled “An act relative to the city of Schenectady/’ passed April
12th, 1822, to the contrary notwithstanding.

Sec. 2 of Art. 1, Title 6, Part 1, page 116, R. S.

Members of the common council, when ineligible.

§ 2. No person elected to the common council of any of the cities
in this state, shall, during the term for which he shall have been elect-
ed, be appointed to any office of profit in the gift of such common coun-
cil ; but this prohibition shall not extend to any officers whose appoint-
ment is, by the constitution, vested in the common council of any city.

AN ACT to incorporate the Firemen of the city of
Schenectady , and for other purposes.

Passed April 21, 1828.

1. Corporation created. — 2. Representatives.

3. Officers. — 4. By-laws. — 5. Election.

6. Funds. — 7. Privileges.— 8. Evidence.

9. Public act. — 10. Ptights reserved.

The People of the State of New - York , represented in Senate and As
sembly , do enact as follows :

§ 1. All such persons as now are, or hereafter shall belong to any of
the fire-engines and implements in the city of Schenectady, for the ex-
tinguishment of fires, shall be, and hereby are, ordained, constituted
and declared to be, and continue; until the first Tuesday in April, one
thousand eight hundred and forty- eight, a body politic, in fact and in
name, by the name of the u Fire Department of the city of Schenecta-
dy,” and that by that name, they and their successors, for the term
aforesaid, shall and may have succession, and shall be persons in law
capable of sueing and being sued, pleading and being impleaded, an-
swering and being answered unto, defending and being defended, in all
courts and places whatsoever, in all manner of actions, suits, complaints,
matters and causes whatsoever ; and that they and their successors may
have a common seal, and may change and alter the same at their plea-
sure ; and also that they and their successors, by the name of the fire
department of the city of Schenectady, shall be in law capable of pur-
chasing, holding and conveying any estate, real or personal, for the use
of the said corporation ; but the amount of the real and personal estate
of the said corporation shall not, at any time, exceed the sum of ten
thousand dollars.

§ 2. The firemen belonging to the said fire department shall, on or
before the first day of December in every year, choose two representa-
tives from each company of firemen, who shall have and exercise all
such powers as are herein committed to them.

§ Sj The said representatives shall choose, on the second Monday of
December in every year, by ballot, out of their own body, a president
and vice-president, and out of the whole body of the firemen three trus-
tees, a treasurer, secretary and collector ; the first representatives shall
be, George M’Queen, John Van Vorst, Richard F. Ward, Myndert
VanGuisling, Cornelius L. Barhyat, Henry Peek, Robert Osborne, Pe-
ter Bradt ; the first president, George M’Queen ; the first vice-presi-
dent, John Van Vorst ; the first trustees, Joseph Mynderse, Jacob De
Forest, junior, and Harmanus W. Peters ; the first treasurer, Henry
Peek ; the first secretary, Joseph Mynderse, and the first collector,
Richard F. Ward, to hold their respective offices and places until oth-
ers are appointed in their stead, agreeably to the provisions of this act.
The said trustees shall class themselves into three classes ; number one

shall go out of office the first year, number two the second year, and
number three the third year. The said trustees shall manage the af-
fairs and dispose of the funds of the corporation, according to the by-
laws, rules and regulations of the said corporation, from time to time
made and established by the said representatives. The trustees shall
choose a president, who shall have a right to convene them when he
thinks proper, ' at least once a year. The treasurer shall give security
to the trustees for the faithful performance of his trust, and shall, at
every annual meeting of representatives, render them an account of the
state of the funds. The representatives shall, at their meetings, have
a right to inquire into and control the application of their funds, and to
displace any of the trustees and officers, if guilty of mal-conduct, and
elect others in their stead ; a majority of the said representatives, and
also of the said trustees, shall respectively be a quorum to do business ;
and in case of a vacancy in the office of representative, such vacancy
shall be filled up by the company from which he is deputed for the re-
mainder of the year, by a special election to be held for that purpose ;
and in case of a vacancy in the office of president, vice-president, trea-
surer, secretary, collector, or any of the trustees, such vacancies shall
be filled up by the representatives for the remainder of the year, by a
special election to be held for that purpose.

§ 4. Two-thirds of a quorum of the said representatives shall have
full power to make and prescribe such by-laws, ordinances and regula-
tions as to them, from time to time, shall appear needful and proper,
touching the management and disposition of their funds for the purposes
aforesaid, and touching the meetings of the corporation, both special and
ordinary, except the second Monday in December, in every year, which
is hereby declared to be their annual meeting, and touching the duties
and conduct of their officers and trustees, and touching all such other
matters as appertain to the business, ends and purposes for which the
said corporation is by this act instituted, and for no other purpose what-
soever: Provided , That such by-laws, rules, ordinances a^d regula-
tions be not repugnant to the constitution or laws of the United States
or of this state.

§ 5. In case any election shall not be made on any day when, pursu-
ant to this act, it ought to have been made, the said corporation shall
not, on that account, be deemed to be dissolved ; but it shall and may
be lawful, on any other day, to hold and make such election, in such
manner as shall have been regulated by the by-laws and ordinances of
the said corporation.

| 6. The funds of said corporation, which shall arise from such ob-
jects as may have been heretofore, or may be hereafter agreed on by
the respective fire companies, shall be appropriated to the relief of such
indigent or disabled firemen or their families as may be interested there-
in, and who may, in the opinion of a majority of the trustees, be wor-
thy of assistance ; but if they shall amount to a greater sum than the
trustees may think necessary to apply to the said purposes, then the
said representatives shall have power to apply such surplus to the pur-
pose of extinguishing fires, under such limitations and restrictions as
they may, with the sanction of the corporation of the city of Schenecta-
dy, deem proper.

§ 7. Every person who now is, or hereafter may become a fireman of
the city of Schenectady, shall be entitled to the same compensation as
is by law granted to the firemen of the city of New-York.

§ 8. Certificates of the time that such persons as aforesaid have
served as firemen, signed by the clerk of the common council of the
said city, shall be sufficient evidence thereof.

§ 9. This act is hereby declared to be a public act, and the same
shall be so construed in all courts and places, benignly and favorably,
for every beneficial purpose thereby intended.

§ 10. The legislature shall have power to repeal, alter, amend or
modify this act.

AN ACT to authorise the issuing of executions by the
Justices' Court of the city of Schenectady , and for
other purposes.

Passed March £8, 18£9.

5. Grants certain exemptions to firemen, and amends the act of 1828.

§ 5. The seventh section of the act entitled “ An act to incorporate
the firemen of the city of Schenectady, and for other purposes,” passed
April £lst, 18£8, shall be so far amended, that every person who now
is, or hereafter may become a fireman of the city of Schenectady, shall
be entitled to the same exemptions as are by law granted to the fire-
men of the city of Albany.

AN ACT for the preservation of Pike or Pickerel, itnd
other fish, in sundry ponds or other waters.

Passed April 16, 1822.

Part of sec. 8. Prohibits the taking of fish with net, seine or spear, in Mo-
hawk river, &c.

11. Penalties for offences.

Part of § 8. That from and after the first day of May next, it shall
not be lawful for any person or persons to catch or take any fish what-
ever, with any scoop net or with any seine or spear, in any part of the
Mohawk river, within the counties of Schenectady, Montgomery, Her-
kimer or Oneida, or in any part of the West Canada creek or East
Canada creek, or Schoharie creek, in said county of Herkimer, or coun-
ty of Montgomery ; * * * „

§ 11. And be it further enacted , That any person who shall offend
against any of the foregoing provisions of this act, shall, for every such
offence, forfeit and pay the sum of ten dollars, to be recovered With
costs of suit, in an action of debt, before any court having cognizance
of the same, by any person who will prosecute the same to effect ; one
equal half of which forfeiture, when recovered, shall be paid to the
overseers of the poor of the town in which such offence shall be com-
mitted, for the use of the poor of such town, and the other half to the
person who shall prosecute for the same.

Sec. 1, Title 5, Chap . 13, Part 1, R. S ., page 418.
Duty of Town and City Clerks.

§ 1. The clerks of the cities of New-York, Albany, Hudson, Sche-
nectady and Troy, and the town clerks of the several towns, shall
yearly, before the first day of October in each year, certify and deliver
to the supervisors of their respective towns, the names of all the asses-
sors. and collectors in their respective cities and towns, and the same
shall be delivered to the board of supervisors at their next meeting'.

Sec. 20 , Title 1 , Chap. 17 , Part 1 , R. S. f page 532 .

Place for sale of Horses , fyc.

§ £0. The common council of each city in this state may designate
ssnch place or places, within such city, for the sale, by auction, of hor-
ses, carriages and household furniture, as they shall deem expedient.

Sec . 56 , Title 4 1 , Chap . 20 , Part 1 , R. S. y page ^ 28 .

Expenses of supporting Town Poor , how defrayed in
certain cases.

§ 56. The overseers of the poor in the cities of Albany, Hudson, Troy
and Schenectady, shall lay their books before and render their accounts
to the common councils of the said cities respectively, from time to
time, as shall be required. The common councils of such of the said
cities as shall be liable for the support of their own poor, shall yearly
determine the sum of money to be raised in such cities respectively, for
the support of the poor for the ensuing year, a certified copy of which
shall be laid before the board of supervisors of the county, who shall
cause the same to be assessed, levied, collected, and paid to the county
treasurer.

Title 2 , Chap . 20 , Part 1 , R. page 632 .

Of Beggars and Vagrants.

1. Persons enumerated who are to be deemed vagrants.

2. Constables, when required, to carry vagrants before magistrates.

3. Authority of magistrate; when to commit vagrant to poor-house, when
to jail.

4. Children begging to be sent to poor-house, and may be bound out.

§ 1. All idle persons who, not having visible means to maintain them-
selves, live without employment ; all persons wandering abroad and

lodging- in taverns, groceries, beer-houses, out-houses, market places,
sheds or barns, or in the open air, and not giving a good account of
themselves ; all persons wandering abroad and begging, or who go
about from door to door, or place themselves in the streets, highways,
passages, or other public places, to beg or receive alms, shall be deemed
vagrants.

§ 2. It shall be the duty of every constable or other peace officer,
whenever required by any person, to carry such vagrant before a jus-
tice of the peace of the same town, or before the mayor, recorder, or
ny one of the aldermen of the city in which such vagrant shall be, for
the purpose of examination.

§ 3. If such justice or other officer be satisfied, by the confession of
the offender, or by competent testimony, that such person is a vagrant,
within the description aforesaid, he shall make up and sign a record of
conviction thereof, which shall be filed in the office of the clerk of the
county, and shall, by warrant under his hand,*»commit such vagrant, if
he be not a notorious offender, and be a proper object for such relief,
to the county poor-house, if there be one, or to the alms-house or poor-
house of such town or city, for any time not exceeding six months,
there to be kept at hard labor ; or if the offender be an improper per-
son to be sent to the poor-house, then he shall be committed to the
bridewell or house of correction of such city or county, if there be one,
and if not, to the common jail, for a term not exceeding sixty days,
there to be kept, if the justice think proper so to direct, upon bread and
water only, for such time as shall be directed, not exceeding one half
the time for which he shall be committed.

§ 4. If any child shall be found begging for alms, or soliciting charity
from door to door, or in any street, highway, or public place of any city
or town, any justice of the peace, on complaint and proof thereof, shall
commit such child to the county poor-house, if there be one, or to the
alms-house or other place provided for the support of the poor, there to
be detained, kept, employed and instructed in such useful labor as such
child shall be able to perform, until discharged therefrom by the county
superintendents of the poor, or bound out as an apprentice by them, or
by the commissioners of the alms-house, or the overseers of the poor.

-}5

Jirt. 2, Title 8, Chap. 20, Part 1, 12. S., page GGO.

Of disorderly practices on public occasions and holi-
days , and in taverns , vessels and canal boats.

3. Penalty for discharging fire-arms, &c. on certain days, without milita-
ry order.

4. Gaming tables at parades, town-meetings, elections, &c. prohibited.

5. Public officers to destroy such tables.

6. Gaming, &c. in taverns and certain vessels and packets, prohibited.

7. Penalties on tavern keepers, &c. and how collected.

§ 3. No person shall fire or discharge any gun, pistol, rocket, squib,
cracker, or other firework, within a quarter of a mile of any building,
on the twenty -fifth day of December 1 , on the last day of December, on
the first day of January, or on the twenty-second day of February in
any year ; nor on the fourth day of July, or such other day as shall at
the time be celebrated as the anniversary of American independence,
without the order of some officer of the militia, while in the course of
military exercises. Every person offending against these provisions,
shall forfeit the sum of five dollars, to be recovered by any person who
will prosecute in the name of the overseers of the poor, with their con-
sent and under their direction, for the use of the poor.

§ 4. On the day of any militia parade or rendezvous, or of any town-
meeting, or of any annual or special election, or on the day of the as-
sembling of any inhabitants of this state to celebrate the anniversary of
American independence, no person shall expose to the public, or have
in his possession, within half a mile of the place of such parade, ren-
dezvous, town-meeting, election or celebration, any eo-table, wheel of
fortune, or other gaming table or gaming machine or box. Every per-
son offending against this provision, shall forfeit twenty-five dollars, to
be recovered by and in the name of the overseers of the poor of the
town where the offence was committed, for the use of the poor.

§ 5. It shall be the duty of all sheriffs, and of all other executive,
judicial or ministerial officers concerned in the administration of jus-
tice, to break, burn, or otherwise destroy, every such table, box and
machine, so exposed or possessed, contrary to the provisions of the last
foregoing section.

§ 6. There shall not be allowed or suffered any cock fighting, play-
ing with cards or dice, or any kind of gaming, by lot or chance, within

*my house kept as a public inn or tavern, or in any grocery or other
place where spirituous liquors shall be licensed to be sold, nor shall
there be any playing with cards or dice for gain or money, or any kind
of gaming, by lot or chance, on board any vessel used for the transpor-
tation of passengers, or on board any packet or other boat employed in
the conveyance of passengers on any canal ; nor shall any billiard ta-
ble, or other gaming table, be kept on board such vessel or boat, or with-
in such house or place, or in any out-house, yard or garden, belonging
to such house or place.

§ 7. The master of any vessel or boat, and the keeper of any inn,
tavern, groceiy, or other place where spirituous liquors are licensed to
be sold, who shall offend against any of the provisions of the last sec-
tion, shall forfeit ten dollars for each offence, to be recovered by and in
the name of the overseers of the poor of the town where any such of-
fence shall be committed by the keeper of*an inn, tavern, grocery or
other place before mentioned, and by and in the name of the overseers
of the poor of any town where the offence shall be committed by any
master of a vessel or boat.

Sec. 40 , 41 , 42 , 43 , 44 , 45 , 46 and 48 , Title 8 , Chap .
20 , Part 1 , page 668 .

40. Licenses for the sale of lottery tickets, by whom to be granted.

41. Licenses to be recorded, their contents and effect.

42. Licenses to certain persons without bond, &c.

43. Certain sums to be paid by all other venders.

44. Bonds to be executed by venders ; their penalty and conditions.

45. Where to be filed. Fee for license.

46. Prosecution of bonds ; payment over of recoveries.

48. Application of monies.

§ 40. Licenses may be granted to any person applying for the same,
to carry on the business of vending lottery tickets, for the term of one
year from the date thereof, in the cities of New-York, Albany, Hudson,
Troy and Schenectady, by the mayors of the said cities respectively,
and in the several counties in this state, except the city and county of
New-York, by the judges of the county courts thereof respectively, or
|he majority of them ; but no licenses shall be granted for the cities of

Albany, Hudson, Troy and Schenectady, by any other persons than tha
mayors of the said cities respectively.

§ 41. The said licenses shall be entered of record by the clerks of
the counties wherein the same are granted, and such record, or a tran-
script thereof, duly certified by the clerk of the county, under his offi-
cial seal, shall be evidence in all courts and places whatsoever. Such
licenses shall specify the house, store or office, where the business of
vending tickets shall be carried on, and shall not authorize the selling,
bartering or furnishing of any tickets of any lottery in any other place
than that so designated, except some other place shall be substituted by
the officers having authority to grant such license.

§ 42. A license shall be granted by the said mayors and judges re-
spectively, whenever applied for, to the managers or persons who have
purchased the lotteries heretofore authorized by this state, and to the
duly authorized agent or agents of the institutions or corporations for
whose benefit the said lotteries were granted, who shall be appointed
such agent for the purpose of managing any such lottery, and also to
any persons who shall be employed by the said managers or purchasers
aforesaid, or by the agents aforesaid, to vend tickets for them and in
their behalf, upon such persons producing and filing with the said may-
ors of cities respectively, or with the clerk of the county in which ap-
plication shall be made, a certificate, subscribed by the said managers
or purchasers, or by the agents so appointed, specifying that such ap-
plicant has been employed by them to vend tickets in their behalf.

§ 43. Before the granting of such license to any other person than
the said managers, purchasers, agents, or persons employed by them,
it shall be the duty of the person desiring a license to vend such tickets
in the city of New-York, to pay to the mayor of that city the sum of
two himdred and fifty dollars ; and for a license to vend such tickets in
the city of Albany, to pay to the mayor of that city the sum of one
hundred and twenty-five dollars ; and for a license to vend such tickets
in the city of Hudson, to pay to the mayor of that city the sum of sev-
enty-five dollars ; and for a license to vend such tickets in the city of
Troy, to pay to the mayor of that city the sum of one hundred dollars \
and for a license in the city of Schenectady, to pay to the mayor of that
city the sum of fifty dollars ; and to the treasurers of the counties where
application shall be made to the judges of the county courts, such sums'
as the said judges, or a majority of them, shall require, not less than
twenty dollars nor more than one hundred dollars ; and no licenses shall
be granted by the judges of the county courts until the receipt of the

County treasurer, for the said sum so required to be paid, shall be pro-
duced and filed with the clerk of the county.

§ 44. No license shall be granted to any other persons than those be-
fore excepted, until the person applying for the same shall enter into
a bond to the people of this state, with two sufficient sureties, to be ap-
proved by the said mayors respectively, in their several cities, or by
the judges of the county courts, in their several counties, or a majority
of such judges, which approbation shall be endorsed on the said bond,
and which bond, when executed in the city of New-York, shall be in
the penal sum of five thousand dollars, and in any other city or county,
in the penal sum of two thousand dollars, with a condition therein, that
the person receiving such license shall not, during the continuance
thereof, directly or indirectly, sell, vend, ^barter, furnish, supply, pro-
cure, or cause to be procured, furnished or supplied, within this state,
to any person, any ticket or share, or interest in any ticket, of any lot-
tery, or of any other game or device of chance, other than such as have
been authorized by the legislature of this state, or any ticket or share,
or interest in any ticket, of any private lottery, device or game of
chance dependent upon the drawing of any lottery ; and that the per-
son receiving such license will, during the continuance thereof, conform
himself, in all things, to the laws of this state relative to lotteries and
the sale of tickets.

§ 45. Such bond, on being duly executed, shall be delivered to the
person or persons to whom application for such license shall be made
before any such license shall be granted, and shall be by them filed in
the office of the clerks of their respective counties ; and for granting
such license, such mayor or judges shall be entitled to receive the sum
of fifty cents.

§ 46. It shall be the duty of the several district attornies of this state,
whenever any condition of any such bond has been violated, to prose-
cute such bond by action of debt, and to assign the breaches of such
condition ; and on any breach of such condition being found by verdict,
or confessed, it shall be the duty of the court wherein such suit is pro-
secuted, to render judgment for the penalty of such bond, with the costs of ^
suit, and to cause execution thereon to be duly had. The amount col-
lected on such judgment, upon any bond executed in the city of New-
York, over and above the costs, shall be paid to the mayor of the said
city, and upon any bonds executed in any other county, to the county
treasurer thereof.

§ 48. The monies received, as aforesaid, by the mayors of other cities
of this state, shall be by them paid over, as received, to the treasurers
of their respective counties, and the monies so received by the said
treasurers, as well as the monies received by them on granting licenses,
and from recoveries on bonds, shall be preserved as a fund for the sup-
port of the poor of the counties respectively in which the same shall be
received, subject to the disposition of the board of supervisors of each
county. ******

Of the embezzlement of Timber floating .

Sec. 1 — 9 , Title 15 , Chap. 20 , Part 1 , R. £., page 693 .

1. Owners of logs, &c. drifted on shore, &c. may take them on paying
damages.

2 and 3. In case of dispute, damages to be determined by fence-viewers ;
their powers.

4. If drifted lumber not removed within three months, notice to be given
to town clerk.

5. To be filed, and exhibited to all persons requiring to see it.

6. Lumber to be detained until damages paid ; how to be ascertained.

7. If not claimed within six months, notice to town clerk, who shall sell it.

8. Fees of clerk on sale ; application of proceeds.

9. Damages to be assessed before payment by clerk.

§ 1. Whenever any logs, timber, boards or plank in rafts, or other-
wise, shall have been drifted upon any island, in any of the waters with-
in this state, or upon the bank or shore of any such waters, the owner
of such logs or other lumber may take the same away, on his first pay-
ing or tendering to the owner or possessor of the land on which the
same shall have been drifted, the amount of the damages which such
owner or possessor shall have sustained by reason thereof, and which
may accrue in the removal of such logs or other lumber.*

§ 2. If the parties cannot agree as to the amount of such damages,
either party may apply to any two of the fence-viewers of the
town or city in which such lumber may be found, whose duty it shall

*2 R. L,, p. 236, § 3.— Laws of 1825, p. 280, § 2.

be, after hearing the proofs and allegations of the parties, to determine
the same, at the expense of the owner of the lumber, and their decision
shall be conclusive.

§ 3. The fence-viewers, or either of them, shall have power to issue
process for such witnesses as may be desired by either party, and to ad-
minister oaths to all witnesses produced before them.

§ 4. If the owner of such lumber shall not, within three months from
and after the time when such lumber shall have been so drifted, take
the same away, it shall be the duty of the owner or possessor of the
land on which the same may have been drifted, to deliver to the clerk
of such city or town a note in writing, signed by him, describing as near
as may be, such lumber, together with the quantity and mark or marks
thereof, and the place where the same is lodged.*

§ 5. It shall be the duty of the clerk to whom any such note in wri-
ting shall be delivered, to file the same in his office, and to produce the
same for the inspection of any person who shall request it.

§ 6. The person delivering such note in writing, may detain the lum-
ber described therein, until the owner thereof shall appear and pay the
damages, if any, which such person shall be entitled to demand, which
damages shall be settled, in case of disagreement between the parties,
by the fence- viewers, in the same manner as above provided.

§ 7. If no person shall, within six months after the filing of such note
in writing, claim the lumber described therein, it shall be the duty of
the owner or possessor of the land whereon the same shall have been
drifted, to give notice thereof, in writing, to the clerk of the city or
town, who shall cause such lumber to be sold by public auction, after
giving at least twenty days 7 previous notice of such sale by advertise-
ment, to be posted up in at least three of the most public places in such
city or town.

§ 8. The clerk making the sale shall be entitled to the same fees
therefor as are allowed to officers making sales on executions issued
out of justices’ courts. The monies arising from the sale shall be ap-
plied,

1. To the payment of such fees ; and,

2. To the payment of the damages which the owner or possessor of
the land shall have sustained, by reason of such lumber, and which may
accrue in the removal thereof ;

3. The surplus, if any, shall be paid bv the clerk of the city or town

+ 2R, L., p. 236, § 4, 5, 6 and" 7.

Jeo the treasurer of the county wherein such lumber shall have been
found, for the use of the poor.*

§ 9. Before the clerk shall pay out any of said monies, for the dama-
ges of the owner or possessor of the land, such damages shall be as-
sessed by any two fence-viewers of the city or town, and a specification
thereof, signed by such fence-viewers, shall be filed in the office of such
clerk.

Of the general Census.

Sec. 1 , 4 , Chap. 3 , Part 1 , R. S. page 88 .

1 . Census, when to be taken.

4. Marshals in each town and ward.

§ 1, An enumeration of the inhabitants of this state is to be taken at
the end of every tenth year, after the year one thousand eight hundred
and twenty-five.

§ 4. The common council in each of the cities, and the supervisors;
town clerks and assessors in each of the towns in this state, shall re-
spectively convene, at some convenient place in each of such cities and
towns, on or before the first Monday in July, in every such tenth year,
and shall appoint one person, to be called a marshal, in each town and
ward, to enumerate the inhabitants therein, and to perform the other
duties prescribed by this chapter.

Sec. 2 , 3 , Chap. o, Part 1 , R. S.,page 100 - 1 .

Commissioners of Deeds and Notaries in certain cities ,
how limited.

§ 2. The common council of each of the cities in this state, except
the city of New-York, on or before the first day of January, in the year
one thousand eight hundred and thirty, and once at the end of every
two years thereafter, shall, by resolution of the board, determine and

* 2 R. L., p 236, § 4, 5, 6 and 7.

limit the number of commissioners of deeds and notaries public to be
next appointed in and for their respective cities.

§ 3. A copy of each determination, to be made by the common coun-
cil of any city, under the corporate seal, and attested by the mayor of
the city, shall be transmitted to the governor, within twenty days after
the same shall have been made.

Sec. 14 , 15 , 16 , Title 2 , Chap. 6 , Part 1 , R. S. y p. 129 .

14. Inspectors of elections to be chosen by common council.

15. Persons so chosen to be inspectors of all special elections held within
the year.

16. Two of them may act. Vacancies, how to be supplied.

§ 14. The common councils of the cities of New-York, Albany, Troy
and Schenectady, at their usual place of meeting in each of said cities,
and the trustees of the village of Brooklyn, at their usual place of meet-
ing in said village, shall, on or before the second Monday of October in
every year, by plurality of voices, choose from among the electors actu-
ally resident in each ward of the said cities, and in each district of said
village of Brooklyn, three persons for inspectors of the general election
then next to be holden in such ward or district.*

§ 15. The persons so chosen shall also be inspectors of all special
elections which may be held in their respective cities or village during
the ensuing year.f

§ 16. Any two of such inspectors may act ; and in case of the death
or inability of either of them to act, the common council or trustees
may thereafter appoint another in his place.

* Laws of 1822, p, 267, § 2. t lb. § 18.

TITLES OF ACTS,

THfi WllOLE, OR PART OF WHICH, RELATE TO THE

CITY OF SCHENECTADY.

1. An act to incorporate that part of the town of Schenectady there-
in mentioned, passed March 26, 1798. — Laws of 2,1st session , chap. 50,
page 359.

Original act of incorporation.

2. An act to amend the act entitled “An act to incorporate that

part of the town of Schenectady therein mentioned,” passed March 1,
1799. — Laws of 22 d ch. 22, p. 604.

Confers additional powers on common council, relative to firemen,
city watch, commissioners of excise, &c.

3. An act granting certain powers to the mayor, aldermen and com-
monalty of the city of Schenectady, and for other purposes therein men-
tioned, passed 28th March, 1800. — Laws of 23 d sess., ch. 71, p. 136.

Empowers corporation to make certain by-laws ; and inhabitants of
Sd and 4th wards to make regulations for their respective wards.
Seventh section of an act respecting public lands repealed.

4. An act relative to the city of Schenectady, passed 4th April, 1801.
2 Kent and Radcliff } p. 175.

Contains the substance of the three preceding acts, with modifica-
tions.

5. An act for improving the streets in the first and second wards of
the city of Schenectady, and for other purposes therein mentioned,
passed March 30, 1802. — Laws 25th sess., ch. 79. 3 Webster , p. 18.

Confers powers on common council relative to the improvement of
streets, and on inhabitants of Sd and 4th wards as to highways.
Provides for continuance of mayor’s power in granting licenses.

6. An act to incorporate the stockholders of the Schenectady Water
Works Company, passed April 7, 1804. — Laws of 27 th sess., ch. 72. S
Webster , p. $90.

Original act of incorporation. City corporation authorized to sub-
scribe for 500 shares of stock, and to appoint two trustees.
Union College to subscribe for 50 shares.

7. An act to straighten the road leading from the city of Schenec-
tady to Utica, on the south side of the Mohawk river, and for other
purposes, passed £d April, 1806 — Laws of £9 th sess ch. 114. 4 Web.
p. 488.

Prescribes mode of laying out road, recording and keeping same in
repair, and of ascertaining and compensating damages to own-
ers of lands.

8. An act to amend an act entitled “ An act relative to the city of
Schenectady and for other purposes,” passed 4th April, 1806. — Laws
of £9 th sess., ch. 1£9. 4 Web ., p. 5£9.

Confers powers on common council in relation to elections, highways,
and public lands lying on turnpike.

9. An act relative to the city of Schenectady, passed 3d April, 1807.
Laws of 30th sess., ch. 93, 5 Web. p. 106.,

Inhabitants of city made competent witnesses in suits, &c. in which
the common council is a party.

10. An act concerning the president and directors of the Mohawk
Bridge Company, passed March 30, 1809. — Laws of 3 Qdsess., ch. 189,
sec. £. Private laws of 1809, p. 188.

Alters previous rates of toll ; authorizes mitigation of same to inhab-
itants of city ; prescribes certain penalties, and declares certain
persons exempt from toll.

11. An act erecting part of the county of Albany into a separate
county, by the name of the county of Schenectady, passed March 7,
1809. — Laws of 3 Zd sess., ch. 65. 5 Web., 458.

Schenectady county erected from Albany county ; to what districts
annexed; Schenectady city, the town of Duanesburgh and
Princetown to retain their names ; courts, terms of, and where
to be held ; court-house and jail, expense of preparing, &c. to
be paid by city of Schenectady ; deeds, &c. to be recorded in
the clerk’s office of Albany until a certain period ; same as to
returns of elections ; number of members of Assembly ; prison-
ers, where to be confined ; privileges of inhabitants ; taxes here<
tofore assessed, how to be collected.

1£. An act to amend the several acts relative to the city of Schenec-
tady, passed April 9, 1811. — Laws of 34 th sess., ch. ££5, 6 Web., 31£,

Authorises election of one supervisor by first and second wards' re-
spectively ; contains provisions as to constables’ bonds ; confers
certain police powers on common council ; provides for appoint-
ment of mayor pro tempore, and raising of money for support of
a night-watch.

13. An act authorizing the mayor, aldermen and commonalty of the
city of Schenectady to sell certain lands therein mentioned, passed
November 10, 1812. — Laws of 36 th sess., ch. 6, 3 Web. fy Skinners , p. 5.

Authorises sale of 3,200 aeres of detached and irregular pieces of the
common lands.

14. An act relating to the city of Schenectady, passed April 2, 1813.
2 R&v. Laws , 1813, p. 478.

Embodies substance of previous acts relating to city, &c. with addi-
tional and new provisions.

15. An act authorising the mayor, aldermen and commonalty of the
city of Schenectady to dispose of part of their common wood lands,
passed March 6, 1818. — Laws of 41 st sess ., ch. 34, p. 29.

Not more than 4,475 acres ; to be sold only at public auction, upon
six weeks notice \ former conveyances confirmed.

16. An act authorising and directing the justices of the supreme court
to appoint a circuit court and court of oyer and terminer, to be held in
and for the county of Chautauque, and for other purposes, passed April
21, 1818. — Sec.- 2, Laws of 41 st sess., ch. 255, p. 272.

§ 2. Constitutes mayor of Schenectady ex officio judge of oyer and
terminer, common pleas and sessions.

17. An act forthe support of common schools, passed April 12, 1819.
Sec. 35, Lavjs of 42 d sess., ch. 161, p. 207.

Wards of Schenectady deemed towns, for purposes of this act.

18. An act to erect certain parts of the city of Schenectady into sepa-
rate towns, and for other purposes, passed April 14, 1820. — Laws of
4 3d sess., ch. 233, p. 225*

Erects towns of Rotterdam and Glenville, and provides for division of
property before held in common, apportionment of responsibili-
ties, &c. &c.

19. An act to amend the act entitled “ An act for the support of com-
mon schools, passed April 12, 1819,” passed April lY, 1822.-— Sec. 3,
Laws of 45$ sess., ch. 256, p. 287.

§ 3. Requires corporation bf Lancaster School to make annual re-
port, such as required by 36th section of act of April 12, 1819.

20. An act to amend an act entitled u An act relative to the city of
Schenectady,” passed Feb. 14th, 1823. — Laws of 46 thsess., ch. 36, p. 29.

Authorises tax by common council for purposes mentioned in the act
hereby amended ; limiting amount ; confers powers in relation
to opening streets and taking lands for same ; constitutes gover-
nor and lieutenant-governor of New- York, for the time being,
ex officio, trustees of Union College.

21. An act for establishing a justices’ court in the city of Schenecta-
dy, and for other purposes, passed April 23, 1823.— Laws of 46 th sess.,
ch. 247, p. 370.

Court established, and its powers defined.

22. An act to amend an act entitled “Am act for the establishing a jus-
tices’ court in the city of Schenectady, and for other purposes, passed
April 23, 1823,” passed January 19, 1825. — Laws of 48 th sess., ch. 1,

p. 3.

Confers powers on clerk ; provides for absence of clerk or of any two
of justices.

23. An act for the relief of the trustees of the Schenectady water-
works, passed March 24, 1826.— Laws of 49th sess., ch. 85, p. 67.

Certain provisions of an act of April'20, 1825, relative to taxes, ex-
tended to company ; suits, where brought.

24. An act to authorise the establishment of a county poor-house in
the county of Schenectady, and for other purposes, passed April 11,

1826. — Laws of 49 th sess., ch. 147, p. 135.

Duty of supervisors; sale of alms-house; superintendents of poor-
house, how appointed, their duty, regulations ; indigent per-
sons to be sent to poor-house ; each town, and the city, to pay
expense of its own poor ; expenses of county poor, how paid.

25. An act relative to the city of Schenectady, passed April 14, 1827.
Laws of 50 th sess., ch. 254, p. 263.

Empowers common council to regulate sale of wood.

26. An act in relation to the assessment and collection of certain tax-
es in the city of Schenectady, and for other purposes, passed April 14,

1827 . —Laws of 50 th sess., ch. 257, p. 268.

Exempts citizens from operation of certain acts, as far as they relate
to road work, &c. and authorises and requires common council
to repair and keep in order highways, fac.

27. An act relative to certain school districts in the city of Schenec-
tady, passed April 6* 1827. — Laws of both sess., ch. 162, p. 156.

Taxes in the city without the police, how to be apportioned and paid ;
school districts ; school laws, how applicable.

28. An act to abolish the justices’ court of the city of Schenectady,
and for other purposes, passed April 14, 1828. — Laws of 51 si sess., ch.
200, p. 245.

Repeals act of April 23, 1823, from and after June 1, 1829 ; powers
of justices.

29. An act for building a fire-proof clerk’s office in the county of
Schenectady, passed April 14, 1827. — Laws of 50 Chsess., ch. 283, p. 310.

Authorises purchase of lot, fee. ; assessment and collection of tax for
defraying expense ; requires removal of county papers, fee. to
same, on its completion.

30. An act authorising the supervisors of the county of Schenectady
l o sell the present court-house and jail and fire-proof clerk’s office, and
for other purposes, passed April 25, 1831. — Laws of 5 tth sess ., ch. 273,

; p . 342.

Directs appropriation of proceeds of sale ; courts to be held in city-
hall ; jail and clerk’s office to be kept in its apartments ; revives
charter of Schenectady Academy, and authorises establishment
and regulation by trustees of “An Institute of science and In-
dustry relation of same to Union College.

31. An act to incorporate the Jack Spring Water Works Company,
passed April 26, 1832. — Laws of 55 ih sess. ch. 328, p. 567.

Confers power to lay conduits for supply of city with water from the
Clove stream, Jack spring and Sweet hill creek ; subjects com-
pany to operation of provisions in titles 3 and 4, chap. 18, part 1,
Revised Statutes.

CONTENTS. -—STATE LAWS.

An act relative to the city of Schenectady, - page 5

An act to incorporate the Mohawk Turnpike and Bridge Comp. 25
An act to amend same, - - 25

An act relating to the Mohawk Bridge Company, - 26

An act for establishing Troy Turnpike, - - 28

Acts relating to Union College, - 28-9

An act relative to billiard tables, - 30

An act relative to trespasses on common lands, - - 30

An act relative to running at large of dogs, - - 31

An act to incorporate the Schenectady Lancaster School Society, 81
An act to provide for apportionment of school money, 34

Local regulations respecting common schools, - 36

An act authorising mayor to perform certain duties of judge, 37

An act relative to pay of mayor, k,c, - - 37

An act relative to election of mayor, - - 38

Appointment of members of common council to certain offices, 38

An act to incorporate firemen, - 38

An act granting certain exemptions to firemen, - - 41

An act for the preservation of fish in certain waters, 42

An act relative to town and city clerks, - - 42

An act relative to place of sale for horses, Uc, - >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

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

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.

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-

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

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

§ 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.

§ £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.

§ 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

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

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.

§ 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.

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

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-

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.

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.

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

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.

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, an<j|that if any person appointed an
inspector shall neglect to take upon him the duties of said office, he
shall forfeit and pay the sum of five dollars ; that it shall be the duty of
the inspectors, at least every two months, between the first day of May
and the first day of October, and once every month, between the first
day of October and the first day of May in each year, carefully to ex-
amine and inspect all chimnies, hearths, stoves, stove pipes, ash houses,
and other places in which fire or ashes shall be kept in this city, with -
in the limits of the police district of this city, and from time to time,
whenever it shall appeaf to either of them that any chimney requires
to be cleansed, repaired or secured, or that any hearth, stove, stove
pipe, ash house, or other place in which fire or ashes is or are kept, is
dangerous, or not properly secured, to give notice thereof to the owner
or tenant of the house, building or lot, in or upon which such chimney,*
hearth, stove, stove pipe, ash house, or other place, in which such fire
or ashes deemed to be dangerous or not properly secured, shall be, and
shall require such owner or tenant to cleanse, repair or secure such
Chimney, hearth, stove, stove pipe, ash house, or other place in which
fire or ashes shall be kept as aforesaid, within such reasonable time as
such inspector shall in his discretion appoint, not exceeding two days ;
And any such owner or tenant continuing to keep fire Or ashes in such
place, and refusing or neglecting to obey such requisitions in the man-
ner and within the time for that purpose appointed, by any such inspec-
tor, shall forfeit and pay, for every such neglect or refusal., the sum of

bfte dollar, and for every day’s neglect thereafter, the sum of one' dol-
lar.

§ 2. And be it further ordained, That the said inspectors, whenever
they examine the chimnies as herein before directed, shall also exam-
ine whether the persons enjoined to furnish leather, buckets are posses-
sed of the requisite number, and whether the same are in good order ;
and further, that it shall be the duty of such inspector or inspectors to
ascertain whether such chimney, hearth, stove, stove pipes, ash houses,
or other places in which fire or ashes shall be kept, shall have been
cleansed, repaired or secured, in the time and in the manner by him or
them directed, and whether the fire-buckets by them directed to be fur-
nished or repaired have been furnished or repaired within the time lim-
ited for that purpose by such inspector or inspectors, which time shall
be within eight days from the time that such inspector or inspectors
shall have directed the same to be furnished or repaired, and to report
the names of any delinquent or delinquents forthwith to the treasurer of
this city, whose duty it shall be to cause such delinquent or delinquents
to be prosecuted for the fines for which he, she or they may be subject.

§ 3. And be it further ordained, That every pipe of any stove or
franklin which is or shall be conducted through any floor, roof, wooden
partition, or any wooden fixture, in either of the said wards, shall, in
every part of such pipe, be at least two inches and a half distant from
such floor, roof, wooden partition, or other wooden fixture, and that
every such pipe shall be conducted into a chimney, unless in cases where
the mayor, recorder or an alderman shall deem it equally safe, if other-
wise put up, and shall so certify in writing under his hand, and every
person putting up any such pipe contrary to this section, shall, for eve-
ry offence, forfeit and pay a penalty of one dollar, and the further sum
of five dollars for every twenty-four hours the same shall remain so put
up, after notice from the mayor, recorder, an alderman or inspector, to
remove the same.

§ 4. And be it further ordained, That if any owner or tenant of any
house or other building within the limits aforesaid, shall suffer any
chimney in any such house or other building to take fire and burn, for
want of cleansing or properly securing the same, without permission
from the mayor, recorder or an alderman of the said wards, such owner
or tenant shall, as often as any such chimney shall take fire and burn as
aforesaid, forfeit, for every such chimney, the sum of two dollars ; and
that the said inspectors of the wards in which such chimney shall take
fire and burn a6 aforesaid, (if such chimney was capable of being in-

spected, and not ordered to be cleansed,) shall forfeit, for every such
chimney, the sum of one dollar ; and that the inspectors, for every oth-
er neglect to do or perform any of the duties enjoined on them by this
law, shall forfeit the sum of two dollars.

§ 5. And be it further ordained, That the owner or owners, tenant or
tenants, of every house within the limits aforesaid, having one or more
fire places, shall provide, and keep in good order and repair, leather
buckets, in the proportion following, that is to say : every house having
one fire place, and not more than two, one bucket ; every house having
three fire places, and not more than four, two buckets : every house
having five fire places, three buckets, and one bucket for every fire
place more than five, which buckets shall be marked at least with the
initial letters of the owners name ; that if such bucket shall be pro-
vided by any tenant or tenants, it shall be at the expense of his, her or
their landlord or landlords, and that if any such owner or tenants as
aforesaid shall neglect or refuse to procure or keep in good order and
repair, the leather buckets which he or she shall in and by this law be
required to furnish, such owner or tenant shall forfeit and pay the sum
of one dollar for every bucket deficient or not kept in good order or re-
pair as aforesaid, and that their not producing any such buckets on be-
ing required so to do by any of the inspectors of the wards, shall be
considered as evidence of such buckets being deficient, or out of re-
pair.

§ 6. And be it further ordained, That when and as often as any ac-
cident by fire shall happen, within the limits aforesaid, the mayor, re-
corder and aldermen of the said wards, and the fire-wardens hereinafter
mentioned, shall respectively wear abour their shoulders a white linen
sash, of at least the breadth of four inches, which badges shall be de-
livered over by the said mayor, recorder, or aldermen and fire-wardens,
to their respective successors in office ; and the mayor, recorder, or any
one of the aldermen of the said wards, or of the fire-wardens, shall and
may require and direct all and every person present at or near such fire,
to employ and exert himself for the extinguishment of such fire, in such
manner as such mayor, recorder, alderman or fire-warden shall ap-
point and direct ; and if any person so being present at or near such fire,
shall neglect or refuse to comply with such direction of such mayor, re-
corder, alderman or fire-warden, he shall forfeit the sum of two dollars
and fifty cents.

§ 7. And be it further ordained, That no hay, straw, Indian com
stalks, or other combustibles of a like nature, shall be put or kept in any
L

place within forty feet of any house situated within the police district 1
aforesaid, and having a chimney, hearth or fire place, in stacks or bar-*
racks, or otherwise than in a close and secure building, and that every
person who shall put or keep said articles within forty feet of any such
house, except in a close and secure building as aforesaid, shall forfeit
and pay, for every such offence, the sum of one dollar for every forty-
eight hours the same shall be continued, after notice given by the may-
or, recorder, or any one of the aldermen of the said wards, to remove
the same.

§ 8. And be it further ordained , That any person or persons within
the police district aforesaid, now or hereafter having an oven or ovens
in his or their yard, the door of which is not inside a dwelling-house,
shall cause a chimney or flue to be erected, of stone or brick, over the
mouth of such oven, and not less than two feet above the cover or roof
of the same ; and any person or persons who shall put, or suffer their
children or servants to put fire into such oven, destitute of a flue or
chimney, shall forfeit the sum of one dollar for every such offence.

§ 9. And be it further ordained , That any person or persons having a
barn or stables, containing hay, straw, or other combustibles of a like
nature, within the said police district, shall cause the doors and win-
dows thereof to be close shut up every night before dark, and that he,
she or they shall not suffer any person to go into such barn or stable
with a lighted candle, unless the same be enclosed in a lantern, neither
shall he, she or they enter, or suffer any person to enter the same,
smoking either segars or a pipe, under the penalty of forfeiting, for eve-
ry such offence, the sum of one dollar.

§ 10. And be it further ordained , That from and after the passing of
this law, no person shall throw hay, straw, shavings, or other combus-
tibles of a like nature, into the street, or into any other open place where
there appears to be danger of setting any buildings or fences on fire, and
suffer the same to remain there more than twenty-four hours, under the
penalty of one dollar ; and any inhabitant within the police district
aforesaid, suffering any hay, straw, shavings, or other combustibles of a
like nature, to lie in the street, or any other place before his or her
house or lot, in the night time, (provided any inspector or any other
citizen within the said limits shall have notified him or her that such
combustibles are lying there,) shall forfeit the sum of one dollar for
every night he or she neglects to remove the same.

§ 11. And be it further ordained , That if any person shall fire or dis-
charge any gun, pistol, rocket, cracker, squib, or other fire-works, in'

any street, lane or alley, or in any yard, garden or other inclosure, or
in any place which persons frequent to walk, within the limits aforesaid,
without permission of the mayor, recorder, or one of the aldermen of
this city, such person, besides being answerable to the party grieved,
shall forfeit for every such offence the sum of one dollar ; and that no
person shall smoke segars or a pipe when among shavings or any other
combustibles, nor carry, or suffer their children or servants to carry,
fire from one house to another, unless it be in a stove, covered kettle,
or otherwise secured from falling on the ground, or being blown about
with the wind, under penalty of forfeiting, for every such offence, one
dollar.

§ 12. And be it further ordained , That no person shall, unless by the
consent of the mayor, recorder, or one of the aldermen, set on fire or
burn any shavings, chips, straw, or other combustibles, or make any
fire for any purpose whatsoever, either on the^ ground or in any stove,
cabouse, or any temporary place, in any street, lane, yard, or on the
bank or margin of the river or canal, or in any house, out-house or shed
not having a good and sufficient stove, fire place and chimney therein,
and without being in such fire place, chimney or stove, within the po-
lice district aforesaid, under the penalty of two dollars for each offence .

§ 13. And be it further ordained, That every carpenter, joiner, or
other mechanic, or person keeping a shop or other building, wherein
chips, shavings, or other combustible matter may be contained, shall,
under the penalty of two dollars for every neglect, clean and remove the
same out of said shops and buildings and the yards belonging there-
to, at least once in each week, and no lighted candle shall be used in
the workshop of any carpenter, joiner, or other person mentioned in the
preceding part of this section, unless it be placed in a candlestick made
of materials not liable to take fire, under the penalty of one dollar for
every offence.

§ 14. And be it further ordained , That no unslacked lime, except in
small quantities, not exceeding one bushel, shall be deposited within the
limits aforesaid, unless in some secure place, to be approved of by the
mayor, recorder, or one of the aldermen, in writing, under the penalty
of five dollars for every offence, and a like penalty for every twenty-
four hours neglect or refusal to remove the same, after notice so to do
from any member of this common council, or any one of the inspectors,

§ 15. And be it further ordained, That every dwelling-house or store
erected, or hereafter to be erected, within the limits aforesaid, shall be
furnished with a suitable scuttle in the top thereof, and a convenient

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

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 •

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-

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

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.

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.

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.

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

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

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.

§ 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.

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 .]

Aldermen. p age.

Ex-officio justices of peace, 11

Not to receive compensation,
except in certain cases, 37

Eligible to office of Mayor, 38

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

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

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

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

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

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.

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

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

8
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,

INDEX TO LAWS,

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<me,

Firing guns, squibs, &c. in
city prohibited,

Smoking segar or pipe among
shavings prohibited,

Carrying fire in an open ves-
sel, prohibited,

Burning shavings, &c., in
streets, without permission
prohibited,

Carpenters, &c. when to re-
move shavings,

Lighted candles how to be
used by carpenters, &c.

Regulations respecting black-
smiths’ shops, &c. 89, 90

page fl

To make report to eotn.eouncil, 89 29
To preside ut elections of fire
companies, and report result
to common council, 84 16

Fisk.

Regulations for preserving in
Mohawk river
Penalty,

Gaming.

Authority of common council

30-33

Extinguishment of,

Leather buckets to be provided 81

to be placed in street on

occurrence of lires, 88

Badges to be worn at, 81

Duty of cilizens at, 81

Houses to be furnished with
scuttles and ladders, 84 15

Members of common council
and fire wardens to attend
at, with badges, 87

Authority of mayor and re-
corder at, 87

Fire Wardens.

To be appointed and commis-
sioned, 88

Duties and powers 88

Which to have superiority of
command at fires, 88

To meet with fire companies,
one st in three months, 83

to suppress,

Who to be deemed owners of
devices for gaming.
Offenders under this law not
entitled to jail liberties, ^

— to be confined in prison
until j ldgment and costs
are paid,

Keeping device for gaming,
or suffering college students
to visit or play thereat pro-
hibited,

Penalty,

Duty of public officers to pre-
vent in certain cases,
Penalties,

Duty of high constable and
treasurer with regard to,

[See Nuisances.]

42 8

42 11

14 25
14 25
14 25

14 25

23 15
29 15

71 4

Gutters Conductors.

Construction of, 63

Hay.

To be sold by weight only, '
except in certain cases, 67

Public hay-scales and weigh
master 67

Weigh master to take and
file oath, 68

Fees for weighing at public
scales, C8

when to tie received, 69

Compensation of weigh master, 69
Duties of weigh master, 68

Weigh rote to be given. 68

Seller to have wagon weighed
if requested, 68

Weigh note of force for one
day only, 68

to be delivered to pur-
chaser, 63

INDEX TO LAWS.

page §

Hay to be sold within one day
after weighing, 63

Weigh master to certify qual-
ity of hav, 68 I

how liable for misconduct, G9 !

to weigh, register and

mark wagons, &c. 63 1C

To make quarterly returns to
the city tieasurer, 69 li

Penalty for fabricating or al-
tering weigh note, 69 12

Penalty for fraud in sale of
hay, 70 13

High Constable .

Appointment of, 12 22

Powers— duties— compensa-
tion — term of office — sure-
ties — vacancy in office, 12 22

To enforce law for the sup-
pression of vice, 71 4

To report violations of excise
law, 98

To observe instructions of
board of health, 99 3

To attend daily at office of
mayor and board of magis-
trates, 108 18

To be entitled to privilege of
serving certain process, 108 19

To report certain nuisances to

mayor,

113

Highways .

Members of com. council, 'com-
missioners of, 15 27

City exempt from certain acts
respecting. 15 27

Within city to be repaired by
com. council, 15 27

[See Streets.]

Hook fy Ladder Company .

To consist of fifteen members, 88 21

Duties of, 86 21

Penalty for neglect of duty, 86 21

Penalty for defacing stairca-
ses, &c. without permission) 86 21

Fire hool s, &c. where to be
kept, 86 22

Ladders to be placed on car-
riages, 86 22

To meet monthly, 87 22

Duty of captains and assis-
tant*, 87 22

page 5

Penalty for not being duly e-
quipped, 87 23-

Members to obey fire-wardens, 88 28

Horses.

Place for public sale of. may
be appointed, 43 20

Hose Company.

To consist of 6 members, 87 24
Duties and liability of mem-
bers, 87 24

Penalty for injuring hose, 87 24
Members to obey fire-wardens, 88 28

House of Correction.

May be established by com-
mon council, 12 21

Powers of com. council with
regard to, 12 21

Convicts in certain courts may

be imprisoned in, 12 21

Lamp Lighter.

When to light lamps, 108 20

Penalty for neglect of duty, 108 20
To keep lamps clean and in
good order, 108 21

To report injurj 7 , &c. of lamps
to lamp committee, 108 21

To inquire for names of per-
sons injuring lamps, 108 21

Liable for injury caused by
his inattention or ueglect, 108 21
Certain expenses may be de-
ducted out of his wages, 108 21
Liable for acts of his servants
or agents, 108 22

To light certain private lamps, 109 24

Limps.

When to be lighted, 108 20

Penalty for wilfully injuring, 109 23
Private lamps when to be
lighted by city lamp-lighter, 109 24

Lancaster School Society.

Incorporated, 32 T

Yearly income limited, 32 1

May hold and lease real es-
tate, 32 1

May sell personal estate, 32 1

Certain monies to be paid to
trustees, 32 9

INDEX TO LAWS.

page §

Trustees of, their number 33 3

May establish one or more
schools, 33 3

Trustees to be elected annu-
ally, 33 4

Office is and vacancies, 33 4

Trustees to publish annual re-
port, 34 5

To appoint a visiting commit-
tee, 34 5

To make annual report to
county clerk, 36 150

— — to superintendents of
common schools, 36 152

Act, how to be construed, 33 6

Non -user of privileges, misno-
mer, &c. provided for, 34 6

Banking operations prohibit-
ed to society, 34 6

Laws.

Certain laws of the common
council declared in force 1 13 7

Certain others repealed, 113 7

Proviso as to suits pending, 113 7

Licenses ,

To tavern keepers how to be
granted, 13 24

For public shows, 15 23; 92 2

When forfeited, 46 7

To tavern-keepers and gro-
cers, how to be applied for 97 1

Application how to be dis-
posed of, 98 2

Price to be paid for, 98 2

Mayor when to sign and seal, 98 3

Bonds to be filed with treas-
urer, 98 4

Excise money to be paid to
treasurer, 98 4

Fees for signing, 98 4

Report of mayor to common
council, 98 4

Licenses when invalid, 98 6

Lotteries.

Licenses by whom to be grant-
ed, 46 40

To be recorded, 47 41

Their form, 47 41

To agen.s of managers, 47 4'.

Price of licenses, 47 4’

page i

Mayor to pay to county treas-
urer, 49 48

Bond to be given by dealer in,
and its form, 48 44

To be delivered before license
granted, 48 45

To be filed, 48 45

Fees lor granting license, 48 45

Duty ol District Attorney
and Court, on violation of
bond, 48 46

Recovery to whom to be paid, 48 46

County treasurer to keep mon-
ies lor support of poor, 49 48

Markets.

Market designated, 72 1

Market houses and stalls to
be the only places for sel-
ling meats — exceptions, 73 2

Hours for selling in, 73 2

Market committee to allot
stalls, 73 3

Effect of allotment, 73 3

Regulations for the sale of
meat, 73 5

Meat not to be concealed. 73 5

Unwholesome meat may be
seized and destroyed, 74 6

Penalty for forestalling, &c. 74 ^9

Regulations for sale of mutton
and lamb, 75 10

Butchers’ dugs, live sheep, &c.
not to be suffered in or about
the market, 75 11

All meat sold to be weighed,
weights to be sealed— Pen-
alty for fraud, 76 15

Superintendent, appointment
and duties, 76 2

Fees of superintendent, 76 3

Superintendent to enforce
cleaning of streets, 76 4

Marshal.

Compensation of, 19 33

To have charge of common
council room, 106 14

[To procure candles and fire-
wood for same, ' 106 14

To give notice of meetings of
. common council, 106 14

To attend meetings, 107 14

Official messenger of mayor

INDEX TO LAWS.

via

page §

and of chairmen of commit-

tees, 107 14

Farther duties, 107 14

Mayor .

Appointment of, 7 3

Oath of, 10 15

Ex-officio justice of peace, 11 It

Authorised to perform certain
duties of a judge of supreme
court, 37 1

Not to receive compensation,

except in certain cases, 37 2

May be re-elected, 3S ]

Regulations for election of, 77 1-2

Mohawk Turnpike Sf
Bridge Company.

Bridges on road to be kept in
repair by company, 25 6

Gate may be erected on Sche-
nectady bridge, 25 f

Tolls, 25 8

Citizens may compound for
tolls, 25 8

Gates and toll-houses how to
be placed, 25 c

No tolls to be exacted at gate

nearest city in certain cases, 25 3

Toll to be paid by citizens, reg-
ulated, _ 2G 1

Evidence of being citizen

may be required, 27 5

Refunding of full tolls, 27 5

Night Watch.

See Taxes.

Notaries.

See Commissioners.

Nuisances.

Discharging fire-arms, &c, at

certain times, 45 3

Exposing gaming tables, &c.

on public occasions, 45 4

Cock-fighting, playing at
cards, &c, at taverns, and
on board passage boats, 45 6

Keeping table, &c. for gaming, 46 G

Suffering filth to remain in
any house or lot, 62 4

page 9

Exposing dead carcases in
streets or lots, 63 10

Emptying beds in streets, 63 10

Permitting carriages to stand
at intersection of streets, 63 8

Placing bui'ding materials in
streets without permit, 63 11

Setting up a saw-horse in
streets, 64 13

Inj uring or defacing bridges,

&c. 64 14

Suffering any carriage, &c. to
remain in streets, 64 15

Driving horses or carriages
over side walk, 65 1G, 17

Depositing fuel or boxes on
sidewalk, without permis-
sion, 65 17

T n sutler stoops.signs or awn-
ings to project beyond cer-
tain limits, G5 IS

Putting up awnings of less
height than 7 feet, 65 19

Burning coal or tar pit within
city, G5 20

Bathing publicly within cer-
tain limits, 66 21

Neglecting to trim ornamental
trees, or remove them when
fallen down, 66 23

Doing servile work on Sunday, 70 1

Buying or selling goods on
Sunday, except fish and
milk, within certain hours, 70 1

To gamble or allow gambling, 71 2

To suffer minors to gamble, 71 2

To allow or be concerned in

cock fighting, 71 3

Suffering horses or other cattle
to be at large in streets, 96 10

Suffering swine to run at
large, unless ringed, 96 11

Blowing a horn, &c. on Sun-
day, and at certain other
times, 111 I

Power of Mayor, &c. to di-
rect removal of, 62, 4; 112 6

Penalty for neglecting direc-
tions of Mayor, &c. 62, 4; 113. 6

High constable to leport, 112 6

Overseers of Poor.

Their powers, 11 17

INDEX TO LAWS.

pago §

Ter submit accounts to com-
mon council, 43 5G

renallies.

Common council may inflict, 18 21
Not to exceed fifty dollars, 18 21
How recoverable, 18 2!

No stay of execution, without
consent of T reasurer, 18 21

No exemption to bo allowed

on execution, 18 21

Declaration how to be made, 18 21

Police District.

To act as mayor in certai:
cases,

Power and fees as judge,

Repeal.

f certain acts of state legisla
ture, relating to city,

Of certain laws of common
council,

Seivrrs.

Public— powers of common
council with regard to,

24 4(

Defined, 14 2(

. Police Office.

May be established by com-
mon council,

Police Justices.

Common council may appoint
three,

Their term cf office and pow-
ers,

Poor.

Monies to support city poor,
how to he raised,

Pound.

Keeper to be appointed,

To take and file oath,

Powers of pound master,

Public Shows.

Common council may prohibit,

May grant license for.

Amount of penalty and price
of license,

Within city, prohibited,

Mayor or Recorder may grant
license for,

Not more than ten dollars to
be taken for one license,

Fees for granting license,

Price of license to be paid to
city treasurer,

Recorder.

Ex-officio justice of peace,

Signs.

Of tavern keepers, how to be
erected, 111 3

Proviso as to those erected be-
fore June 10, 1829, 112 3

[See Nuisances.]

State Laws.

List of such as relate to citv,

53,4,5, 6,7,8

94
94

11 17

15 2f
15 2b

15 2b
92

page

> 93

J i 13

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
<j 2 cl treasurer, with regard to, Cl 2

** Mayor, <S:c. may direct remov-
al of dirt from streets, 61 3

Dirt not to be deposited in, 62 6

Dirt caits and wagons to have
11 M tight boxes, &c. 62 6

INDEX TO DAWS.

page §

Snow to be removed from

sidewalks and gutters, 62 7

Arrangement of market wag-
ons in streets, 62 8

Gutters and conductors how
to be constructed, 63 9

Building materials not to be

placed in, without permit, 63 11

to be piled compactly, 64 12

High constable to report vio-
lations of § 11 and 12, 64 12

to remove fallen trees

in certain cases, 66 22

Builders and superintendents
to clean in certain cases, 66 23

Forfeitures by minors, how
recoverable, 67 24

Weeds to be removed from,

at certain times, 112 5

Regulations as to Dock-street
and Mill-lane, 111 2

[See Nuisances.]

Suits.

Citizens may be jurors and
witnesses where com. coun-
cil is a party, 18 30

Plea of general issue allowed
to certain persons, 18 30

Superintendent of City.

Compensation, 19 33

Superintendent of streets.

Duty of, 107 15

Work to be done by him, 107 15

Account of expenses to be

kept by him, 107 16

Monthly report to the com-
mittee on streets, 107 16

Committee to present his re-
port to common council, 107 16

Duty in employing laborers &c. 107 16

Where owners of lots, &c.

neglect to pave streets, 107 17

Supervisors.

To deliver names of collectors
and assessors to board, 42 1

Swine.

High constable to see* law res-
pecting, enforced, 97 12

[See Nuisance#.]

T *

Taxes.

For night watch, 14 26; 19 31

For lighting streets, 14 26 ; 19 31

For watch & lights on ia «i

whom to be imposed, \ / * >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,

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,

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,

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

106

■ 106

106

13 :

Turn -

]

15 '

(

34]

5 '

12 1

22]

]

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

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

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 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.