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turn all the writs and process of the said court directed to them respectively in the same manner as the sheriffs and other officers of any court of record in this state.

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XXIV. And be it further enacted, That every citizen what fall of this state or any of the United States, who shall inhabit entitle a perwithin the limits of the said city, and shall have resided privileges of therein for the space of four months successively and continue to reside therein, and shall have paid any taxes in the said city, and not be disqualified by law, shall be entitled to all the rights and privileges of a freeman of the said city.

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XXV. And be it further enacted, That this act shall be deemed a public act, and be construed in all courts and clared a pub places benignly and favourably for every beneficial purpose therein intended.

City of Scheneđady.

TWENTY-FOURTH SESSION. CHAP. CXXXVII.
An ACT relative to the City of Schenectady.

1.

B

Passed 4th Apríl, 1801.

E it enacted by the People of the State of New-York, Bounds of the represented in Senate and Assembly, That all that city of Sche nectady. district of country contained within the following limits, to wit: Beginning on the north bank of the Mohawk-river about four miles below the late village of Schenectady opposite the mouth of a small creek called Laughter's killitie where the east bounds of Schenectady patent comes to the said river, thence along the northerly, northeasterly, northwesterly, westerly, southerly and southeasterly bounds thereof to the north bounds of the manor of Rensselaerwyck, thence along the same easterly to the said easterly bounds of Schenectady, thence along the same northerly to the said Mohawk-riven, and then with a straight line to the place of beginning, shall continue to be a city by the name of Schenectady; and that all the freemen of Inhabitants a this state, from time to time being inhabitants thereof, and tyle shall be a body corporate by the name of the mayor, al- of the corps. dermen 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 equity, and in all actions. and matters whatsoever, and may have a common seal and alter the same at their pleasure, and shall be absolutely and completely vested with all the estate and interest of and in the common lands, fenements and hereditaments of the said city, not heretofore disposed of, and of all man

ration.

corpo

Their righe

and powere

Provifo.

Number of

wards and the
oters to be
chofen in each

The city to
have a mayor

cers herein named.

ution of f

225

ner of debts whigh now are or hereafter may be due and unpaid, and are made payable to any former trustees of the late township of Schenectady in the capacity of trus tees thereof; Provided however, That nothing herein contained shall be construed to affect any suits which now are depending or which may hereafter become necessary for any purchaser to commence in the name of any former trustees of the late township of Schenectady, to try the title to or recover the possession of any land situated within the patent aforesaid, but the same may be prosecuted in the same manner as if this act had not been passed.

II. And be it further enacted, That the said city shall be divided into four wards, and the inhabitants of each ward shall have power to elect two aldermen and two assistants, together with all such officers as are by this act provided to be chosen, except the treasurer and clerk of the said city, which said election of aldermen and assistants and other officers shall be annually held in each of the said wards on the first Tuesday in April.

III. And be it further enacted, That there shall be in and other off and for the said city one mayor, who shall have the same power to take the acknowledgment and proof of deeds and other writings relating to lands situate within the said city as a judge of the court of common pleas in and for the county of Albany, eight aldermen, eight assistants, one clerk, one treasurer, one supervisor, and as many assessors, collectors, constables, commissioners of highways, overseers of the poor, pound-masters and fence-viewers, as the common council herein after constituted and appointed shall from time to time direct to be chosen, which supervisor, assessors, collectors, constables and other offi cers, so directed to be chosen, shall be chosen in the manner and at the time and place herein directed for the annual election of officers within the said city.

hage 314.

Mayor how
appointed and
duration of
his office.

Aldermen, af-
Aftants and
other

how & when
to be chofen.

IV. And be it further enacted, That it shall be the duty' of the person administering the government of this state by and with the advice and consent of the council of appointment, at such time as said council shall be assembled, to nominate and appoint, out of the citizens and inhabitants of said city of Schenectady, one fit and discreet person to be mayor of said city, which said mayor shall continue in his said office for the term of one year from such appointment, and until some other person be appointed and sworn in his stead.

V. And be it further enacted, That on the first Tuesday of April in every year the inhabitants of the said city shal assemble in their respective wards, at such time of the day and at such public places as the common council shal for that purpose at their meeting next previous to such election have 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, two alder-
men, two assistants, and such a number of assessors, col-
lectors, constables, pound-masters, commissioners of high-
ways, fence-viewers, and such other proper and necessary
officers as the common council of the said city shall from
time to time deem necessary and direct to be chosen.
VI. And be it further enacted, That fall the inhabitants Qualifications
of said city qualified by the existing laws of this state to
vote at town meetings, shall be entitled to vote for alder-
men and assistants and all other officers at such time and
place as is herein before directed.

of the electors

men and af fiftants.

how conduct.

VII. And be it further enacted, That every person to of the alder be chosen alderman or assistant of the said city by virtue of this act shall be a freeholder within this state, or have hired a tenement of the yearly value of thirty`dollars, and actually paid taxes in said city, and resided within said city at least one year before such election, and resident within their respective wards, and the votes given for said aldermen and assistants shall be by ballot; and at least eight Elections days before the day of election annually to be holden by ed." virtue of this act, the common council of said city shall appoint in each ward three persons, who shall preside as inspectors of said election, and such persons so appointed shall preside and canvass the ballots of such election, and declare the several officers who may have been chosen, and shall have power to decide on the qualification of electors, and shall provide and keep poll books wherein shall be entered the names of the persons who voted at such election.

VIII. And be it further enacted, That each inspector Infpectors to before he enters upon the execution of the duties of his take an oath, office, shall take and subscribe an oath faithfully to per form and execute the duty of an inspector according to the best of his knowledge and abilities, which oath shall be administered by any justice of the peace residing in the said city.

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city.

Their power

4 pp.313

Su. Ver

there whe follow

3Vol 19

1 Sestion 2. 3. 4

IX. And be it further enacted, That the mayor, alder- Common men and assistants of the said city shall be called the com- council of faid mon council of the city of Schenectady, who, or the major part of whom, whereof the mayor always to be one, shall have power and authority to pass such bye-laws and establish such wholesome regulations as by them from time to time shall be though expedient the better to manage and secure their common property, and also power and authority to take bonds and sureties to be given by constables or any other officers of said city for the faithful discharge of the duties of their office, and also relative to the overseeing of the poor within said city Provided, That such bye-laws be not contrary to or inconsistent with the constitution or laws of this state. X

VOL. II.

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X. And be it further enacted, That on the first Tuesday in April in every year, the inhabitants of the respective wards in said city qualified as herein before mentioned, when assembled for the purpose of electing the officers herein before mentioned, sha by ballot chuse one supervisor for said city for the year then ensuing, which said ballots shall by the inspectors of said election in the respective wardse sealed up and by them respectively delivered to the clerk of said city, who shall at the then next meeting of the common council of said city deliver the said ballots to the mayor, and the said common council shall then and there proceed to canvass and examine the said ballots, and the person who upon such canvass is found to have the greatest number of ballots shall

pafe 312 by said common council be then and there declared to be

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Treasurer and clerk how appointed.

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supervisor, and such supervisor shall be vested with the same powers and duties as the respective supervisors of the city of Albany are by law ested with; Provided, That no such canvass or determination by said council shall be valid, unless at such meeting there be present at least two-thirds of all the members omposing the common counoll of said city.

XI. And be it further enacted, That on the first Tuesday of May in every year the common council of said city shall nominate and appoint one fit person, being a freeholder and inhabitant of said city, to be treasurer of said city, and one other fit person to be clerk for the year then next ensuing; and the said treasurer before he shall enwith fureties. ter on the execution of the duties of his office shall give bond with two sureties to be approved of by said common council in the sum of fire thousand dollars, conditioned for the due execution of the duties of his said office and Clerk to take a faithful discharge of the trust reposed in him; and the said clerk before he enter on the exercise of the duties of his said office, shall make oath faithfully to perform, and truly to discharge the duties of his said office to the best of his knowledge anfhability, without fraud, favour or partiality.

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XII. And be it further enacted, That it shall be the duty of the clerk to provide and keep a book or books wherein shall be entered all the proceedings of the said common council from time to time, which books and proceedings shall be open at all proper times for the inspection of any of the inhabitants of the said city.

XIII. And be it further enacted, That the said common council shall meet on the first Tuesday in May in every year, and oftener if necessary, at which meetings every transaction relating to the common lands and property shall be determined by a plurality of votes of the members present, and no sale, lease, gift or disposition whatever of such common property shall be valid unless two

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thirds of the whole number of aldermen and assistants of
said city shall give their assent to the same, and to consti-
tute a legal meeting for any other purpose there shall be
present at least two-thirds of all the members composing
the common council of said city, and in cases of emergency
it shall be lawful for the mayor of the said city to call a
meeting at other times than herein before provided.
XIV. And be it further enacted, That the mayer and
each of the common council of the said city shall several
ly, before they enter on the discharge of the duties of their
respective offices, take and subscribe the following oath or
affirmation:

Abot 5-29

Bey. 7.

Mayor and
members of
take an oath.

the council to

"IA B, do solemnly swear (or, affirm, as the case may Form be) that I will well, faithfully and truly execute the office of to which I am elected, (or, appointed) to the best of my ability, without fraud, favour or partiality.”

XV. And be it further enacted, Fhat in case of the ab- In the abfence,

&c. of the

sence, death, sickness or removal from office of the may- mayo, his

or, it shall be lawful for one of the aldermen of said city, place how to
to be nominated and appointed by the aldermen and as-
sistants of said city in a meeting of said aldermen and as-
sistants for that purpose to be convened, which meeting shall
be summoned writing under hand and seal of two

34

1. pass aldermen thereof, to execute all the duties to the office of 3/4. Sec. 11.

said mayor appertaining, during the absence, sickness or removal from office of said mayor, or until a successor be duly appointed and sworn, except the taking of proofs. and acknowledgments of conveyances. as herein before mentioned.

Penalty for a
rufal or neg
in certain

lett to ferv

fices.

4 Vol fee. 4 page 530.

XVI. And be it further enacted, That if any of the inhabitants of said city shall hereafter be chosen to the office of alderman, assistant, supervisor, assessor, collector, constable, commissioner of highways, pound-master or fence-viewer of said city, and having notice of his said election shall refuse or neglect to take upon him the execution of his office, it shall then be lawful for the common council of said city to inpose upon every such person such reasonable fine as the said common council shall think fit, unless such person shall render to such common council a reasonable and satisfactory excuse before such order shall be made in the premises; Provided always, That no such fine for such refusal or neglect shall exceed the sum of twelve dollars; all which said fines shall be How recover levied by distress and sale of the goods and chattels ofed & applied such delinquent, by warrant funder the seal of the said city, directed to one of the constables thereof and signed by the mayor, rendering the surplus, if any there be, to the owner thereof, the necessary and legal charges of making and selling such distress being first deducted; which fines when collected shall be received by the common council: for the benefit of said city.

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