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Common council to licenfe perfons to fell cakes and fruit.
out fuch li
from the common council of the said city; and that t shall be lawful for the said common council from time to time, to make, establish and ordain such rules and regulations relative to the poor of the said city, as they shall deem necessary and expedient.
XXIX. And be it further enacted, That it shall be lawful for the common council of the said city to license under their common seal and during their pleasure, such and so many persons as they shall judge to be proper, to carry about and vend all sorts of cakes and fruits within the said city; Subject nevertheless, to such regulations and duties as the said common council shall from time to time Selling with prescribe; And further, That in case any person shall without such licence carry about and vend any sort of cakes or fruit (other than the product of his own garden or orchard) within the said city, he shall be guilty of a misdemeanor, and on conviction thereof before the mayor or recorder and two aldermen of the said city, who are hereby empowered and required to try every such offender, shall for every offence be imprisoned in the common gaol of the city and county of Albany, for a term not less than twenty-four hours nor more than six days.
cence how punished.
Penalties impofed by any Bye-laws of
tion how to be recovered and applied.
XXX. And be it further enacted, That all penalties which have been or shall hereafter be created by any the corpora- bye-law of the common council of the said city, shall be sued for and recovered by and in the name of the chamberlain of the said city, for the use of the said city, with costs of suit before any one of the aldermen or any jus tice of the peace in and for the said city, in the same manner that debts to the value of twenty-five dollars or under are now recoverable against non-resident debtors; Provided always, That there shall be no stay of execution after judgment rendered in any such suit under any pretence whatsoever.
City of Hudson.
THIRTEENTH SESSION. CHAP. XXIV. An ACT for the better regulating and protecting the Aque ducts in the City of Hudson.
Passed 9th March, 1790. THEREAS the proprietors of the aqueducts in the
ed their association for the purpose of supplying themselves and others with water, and that they have conducted the same from a fountain at a considerable distance and at a very great expense, the benefits whereof are likely to be
lost for want of adequate provisions made by law for the regulating and managing said aqueducts, and for obliging cach proprietor thereof to bear and defray his proportionable part of the expenses attending such aqueducts, and in amending, superintending and managing the same Therefore,
I. Be it enacted by the People of the State of New-York, Corporation represented in Senate and Assembly, and it is hereby enacted of Hudfon to by the authority of the same; That the mayor, aldermen laws relative and commonalty of the city of Hudson for the time being, in common council convened; shall and may (whenever applied thereunto for the purpose by the said proprietors of the said aqueducts or by a majority of them) have power to make, ordain and declare all such bye-laws, ordinances, constitutions, rules and regulations relative to such aqueducts as the said common council may deem proper for the superintendence, regulation and management of the same, and for the extension, alteration, preservation and reparation thereof, or for the equal assess ment and collection amongst the said proprietors of all costs and expenses attending the same, or of the sums of money which the said proprietors may, from time to time hereafter vote agreeably to this act.
II. And be it further enacted by the authority aforesaid, That it shall and may be lawful for the proprietors of the said aqueducts hereafter, from time to time, to convene at such time and place within the said city, as the said mayor or recorder for the time being shall appoint, due notice of such time and place of meeting being first given by causing the same to be publicly advertised for the space of three weeks successively in a public newspaper to be printed in the said city, or by putting up such public notice thereof in at least four of the most public parts of the said city; and at such meeting the said proprietors may, under the inspection of the said mayor or recorder, by a majority of voices, vote any sum or sums of money which they shall think fit to be assessed and levied on the said proprietors, in proportion to their respective rights or shares, to defray the expenses of the necessary alterations, additions and reparations of such aqueducts or the fountains thereof, or for the compensations to the clerk and treasurer, collector and inspectors hereafter mentioned, and also by a majority of voices or votes to elect one discreet person for their clerk and treasurer, one discreet person for their collector, and two or more discreet persons for inspectors of said aqueducts.
III. And be it further enacted by the authority aforesaid, Officers to That the said clerk and treasurer, collector and inspectors, take an oat when chosen in manner aforesaid, shall respectively before they enter upon their respective offices, take and subscribe before the said mayor or recorder, who are hereby author
Duties of the infpectors;
Of the clerk and treafurer;
Of the collector.
ized to administer the same, an oath well and faithfully to execute their respective trusts and offices according to the best of their skill and understanding; which said clerk and treasurer, collector and inspectors, so elected and qualified, shall continue in their respective offices until others be duly chosen and qualified in their respective places.
IV. And be it further enacted by the authority aforesaid, That the said inspectors so to be chosen and qualified as aforesaid, or a majority of them, shall have power and are hereby authorized and directed, from time to time to examine, inspect, superintend, manage and direct the said aqueducts, agreeable to such bye-laws, rules and ordinances as the said common council shall from time to time hereafter make and declare, touching the same or the management thereof; and shall also have power to prosecute in their own names for all trespasses to be done or committed by any person or persons upon or against the said aqueducts, and to recover the amount of all damages occasioned by such trespasses, in any court hav ing cognizance of the same, to the use of the said proprietors; and shall meet and duly assess upon the proprietors aforesaid, all such sum or sums of money, costs and expenses so as aforesaid to be voted by the said proprietors; and shall further do and perform all such duties as shall or may be lawfully committed to them by any law, rule or ordinance of the said common council.
V. And be it further enacted by the authority aforesaid, That the said clerk and treasurer so to be chosen and qualified as aforesaid, shall as clerk of the said proprietors, keep the minutes of all the votes, resolutions and transactions of the said proprietors, at their meeting so to be held as prescribed by this act, in a proper book by him to be kept for such purpose; and also that the said clerk and treasurer, as treasurer of the proprietors aforesaid, shall keep a book in which he shall fairly enter all receipts, advances and expenditures of all sums of money by him received, advanced or paid out, and likewise do and perform all other duties lawfully committed to him by any law, rule or ordinance to be made in pursuance of this act by the said common council.
VI. And be it further enacted by the authority aforesaid, That the collector so to be chosen and qualified as aforesaid for the said proprietors, shall collect all such taxes and sums of money so as aforesaid to be voted by the said proprietors, in pursuance of this act, agreeably to such tax list or assessment roll as shali be made out by the inspectors as aforesaid, within three months after the same shall be delivered to him, and shall pay the monies so by him collected into the hands of the said treasurer; and in case the proprietors aforesaid, or any of them, shall
ties of the
refuse or neglect paying his, her or their proportion of such taxes within the time limited for such payment, then it shall be lawful for such collector to levy the same, by exposing and selling at public vendue, after giving eight weeks previous public notice thereof, the right or shares of such delinquent of, in or to the said aqueducts, rendering the overplus monies, if any, after deducting the costs and charges of such sale, to the owner or owners thereof. VII. And to the end that the whole number of proprie- Further du tors of the said aqueducts may always hereafter be known, clerk and and the number and proportion of their several rights or treasurer relshares therein ascertainable with the greater ease and precision; Be it enacted by the authority aforesaid, That the said clerk and treasurer shall keep a proper book, in which he shall duly enter the names of all the proprietors of the said aqueducts, together with their several and respective rights or shares of, in or to the same, according to such bye-law or rule as the said common council shall or may hereafter prescribe or direct for such purpose; and shall also duly enter in the same book every transfer, lease or assignment made or hereafter to be made, of any right or share of, in or to the same aqueducts, according to such bye-law or rule as the said common council shall or may hereafter prescribe and direct for such purpose; which entry so to be made by the said clerk shall be deemed evidence of such transfer, lease or assignment, and no person shall be considered as a proprietor of the said aqueducts, after the space of six months from the passing of this act, until the evidence of his right or share shall be so regis tered as aforesaid, nor entitled to draw or use the waters from said aqueducts, by virtue of any title or claim not so registered as herein directed, without permission in writing under the hands of the said inspectors or a majority of them, conformable to the rules or directions to be prescribed by the said common council.
VIII. And be it further enacted by the authority aforesaid, Proceedings That all lawful agreements, votes and proceedings made, by the proprihad or done, by the said proprietors, and entered upon ed valid. their records, concerning the said aqueducts, shall be considered valid and obligatory among themselves, and binding upon all, each and every of them; and that all monies heretoforé voted and expended about the said aqueducts shall after being duly assessed by the inspectors to be chosen in pursuance of this act, be recoverable in the same manner as before in this act is provided.
ordained and recovered
IX. And be it further enacted by the authority aforesaid, Penalties how That the said common council of the said city of Hudson, as often as they shall make, ordain and publish such laws, rules, ordinances and directions for the purposes aforesaid, in regard to the said aqueducts, or for the regulation, alteration, extension, reparation, inspection and manage
ment thereof, may make, ordain, limit and provide such and the like pains, forfeitures, fines and penalties upon, towards and against all and every person or persons, who shall offend against such laws, rules, ordinances and direc tions, or any of them, as by the said common council shall be thought requisite, to make, ordain, limit and pro vide, for the observation and preservation of the same laws, rules, ordinances and directions, to be prosecuted for by the said inspectors and in their names, and recovered in any court of record having cognizance thereof, by action of debt or otherwise, to the use of the said proprietors, to be by them appropriated for the support and maintenance of the said aqueducts; Provided, no such pain, forfeiture, fine or penalty shall exceed the sum of five pounds; And provided always, That such bye-laws, ordinances, constitutions, rules or directions, be not con trary to or inconsistent with the constitution, laws and statutes of this state, or of the United States.
SEVENTEENTH SESSION. CHAP. XXI,
Passed 19th March, 1794.
Firemen to be I. DE it enacted by the People of the State of New-York,
and may be lawful for the mayor, recorder, aldermen and commonalty of the city of Hudson in common council convened, or the major part of them, to nominate and appoint a sufficient number of men (willing to accept) not exceeding twenty, to every fire-engine now provided or hereafter to be provided for the use of said city, out of the inhabitants, being freeholders or freemen of the said city, to have the care, management, working and using the said fire-engines, and other the tools and instruments now or hereafter to be provided for extinguishing fires within the said city; which persons so to be nominated and appointed as aforesaid shall be called the fireTheir duty, men of the city of Hudson, who are hereby required to be ready at all times, as well by night as by day, to manage, work and use the said fire-engines, and other the tools and instruments aforesaid.
II. And be it further enacted, That cach of the persons so to be nominated and appointed a fireman, shall during his continuance in office be exempted and privileged from serving in the office of constable, and from being impanneled upon any jury or inquest (except in the mayor's court of the said city) and for this purpose the name of each fireman to be appointed by virtue of this act shall be entered with the clerk of the said city, and