Jer 3 Vol

раде

22

Vacancies of

plied.

offi

XVII. And be it further enacted, That if any of the alces how fap dermen, assistants, supervisor, collector, or any other of the officers in said city to be elected and sworn in their respective offices as aforesaid, shall die or remove out of said city within the time they shall be respectively elected for, or before other fit persons be respectively elected and sworn in their places, it shall be lawful for the inhabitants of the ward in which such vacancy shall happen to assemble at such time and place as shall be appointed by the mayor of said city, and then and there by plurality of votes to elect one of the inhabitants of said city to serve as alderman, assistant, supervisor, assessor, collector or other officer, in the place of such officer so dying or removing; and in case of the death or removal of the treasurer or clerk of said city it shall be lawful for the common council to appoint another in their respective places at any time after such death or removal; and every such person so newly chosen or appointed and sworn shall serve in their respective offices until other fit persons be chosen or appointed and sworn in their respective places; Provided always, That such election for alderman, assistant or other officers upon any vacancy, shall be conducted agreeable to the mode herein before prescribed.

Vacancies in
the offices of

treasurer
clerk how
fupplid.

Mayor to
cence inn-
keepers in the

Firit and Se

cond Wards.

A commif

cife be ap

Who fhalt
grant fuch
Licences.

XVIII. And be it further enacted, That the mayor of the said city shall have the exclusive power within the First and Second Wards to grant licences annually, under the public seal of the said city to all such persons as he shall think fit to keep a tavern, inn, ordinary or victualinghouse, and to sell wine, brandy, rum, cider, beer, ale or any other sort of excisable or strong liquors within the said First and Second Wards respectively; and it shall be on of ex- the duty of the mayor, aldermen and assistants of the said pointed in the city annually to appoint a commissioner of excise in each Fourth Wards of the Third and Fourth Wards of the said city, whose duty and by whom it shall be to grant all licences for keeping inns and tayerns and retailing spiritous liquors in their respective wards, subject nevertheless to the approbation of the said mayor, aldermen and assistants, to be signified by affixing the common seal of the said city to every such licence at the time of granting the same; and it shall be lawful for the said mayor and commissioners of excise to demand and receive for every licence to be by them respectively granted as aforesaid, from the persons to whom the same shall be granted, the like sums as a duty of excise, and the same fees as are now receivable by the commissioners of excise within the several towns of this state; and the monies arising from the said duty of excise shall be paid to the treasurer of the said city, to be appropriated by the mayor and common council towards the support of the poor thereof.

Sums be received for the fame.

:

First Ward.

་

War

XIX. And be it further enacted, That the division of Bounds of the said city into wards shall be in the following manner, to wit All that tract of country contained within the following bounds, beginning at the northwest corner of a lot of ground where the present dwelling house of Nicholas Van Patten stands, on the easterly bank of a branch of the Mohawk-river, thence along the northerly bounds of said lot to the street, thence along said street southerly until it comes opposite to the centre of the Nistigaunastreet, thence along through the middle of said street and the road that leads from said village to Nistigauna aforesaid to the easterly bounds of the former town of Schenectady, thence along said bounds as they run to the Mohawkriver, thence along said river up the stream thereof as it winds and turns until it comes opposite to where the east bounds of said Schenectady patent comes to said river, thence with a straight line to the middle of said river, thence up the stream through the middle as it turns and winds until it comes about five chains above the upper ferry, and thence with a straight line to the place of beginning, shall be the First Ward of said city; and all that of the Seconti tract of country contained within the following limits, be ginning at the northwest corner of the lot where the present dwelling house of Nicholas Van Patten stands, being also the place of beginning of the First Ward, on the easterly bank of a branch of the Mohawk-river, and runs 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 until it intersects the north bounds of the manor of Rensselaerwyck, thence along the same eastefly to the easterly bounds of the former town of Schenectady, thence along the same as it runs to the road that leads from Schenectady to Nistigauna, being the southeasterly corner of the First Ward, thence along the same as it runs to the place of beginning, shall be the Second Ward of said city; and all that tract of the Third of country contained within the following limits, begin- Wa. ning at the northwest corner of the lot whereon the present dwelling house of Nicholas Van Patten stands, being the place of beginning of the First and Second Wards, and runs from thence along said Second Ward southerly to the southerly bounds of the patent of Schenectady, thence along the same southwesterly, northwesterly and northerly to the Mohawk-river, thence to the middle of the same, thence down the same as it winds and turns to the northwest corner of the First Ward about five chains above the upper ferry, thence along the said First Ward

4:

Ward.

southerly to the place of beginning, shall be the Third of the Fourth Ward of said city; and all that tract of country contained within the following limits beginning in the middle of said Mohawk-river where the easterly bounds of said Schenectady patent come to the river opposite the mouth of a certain small creek called Laughter's killitie, and runs thence along the said east bounds thereof to the northeast corner of said Schenectady patent, thence along the northerly, northeasterly, northwesterly and westerly bounds thereof to the said Mohawk river, and thence along the middle thereof as it winds and turns to the place of beginning, shall be the Fourth Ward of said city.

Monies arif.
ing from the
fales of lands,

XX. And be it further enacted, That all monies which shall from time to time come into the treasury of the said &c. how to be city, arising from the sale of any lands or for rent, interest difpofed ot. or otherwise, shall be annually divided and distributed in the manner following, that is to say: The one half of the whole sum shall be appropriated to public uses in the First and Second Wards of said city by the aldermen and assistants of the said two wards, or the major part of them, and the other half thereof shall be annually divided and distributed for public uses in the Third and Fourth Wards of said city in an equal proportion; which said monies shall be so disposed of by the aldermen and assistants of the said Third and Fourth Wards, or the major part of them.

Idermenand fiftants annually to ac

common

XXI. And be it further enacted, That the aldermen and assistants of the said respective wards shall annually, count to the at least fourteen days previous to the annual election for corporation officers within the said city, render a just and true account to the common council of the said city, of monies by them received in manner and for the purPoses aforesaid.

council.

Mayor, and

affiltants

of the First
and Second

Wards to
make ye-

&c.

XXII. And be it further enacted, That it shall be lawful naden for the mayor of the said city, and the aldermen and assistants of the First and Second Wards of the said city, or the major part of them, whereof the mayor always to be ws with re- one, to make bye-laws relative to the public markets withfeet mar. in those wards, so that such bye-laws shall not extend to eets, the regulating or ascertaining the price of any commodity or article of provision which may be brought for sale within the said limits; and relative to the streets and highways, nuisances the eleaning of chimnies and preventing of fire within the said limits; and relative to a night-watch, the burial of the dead, the public lights or lamps, and restraining geese and swine going at large within the limits aforesaid, and relative to any thing whatsoever which may concern the good government and police of the said city, within the limits aforesaid; Provided, That such bye-laws and regulations be not contrary to or inconsistent with the constitution and laws of this state

penalties a

and the said mayor, aldermen and assistants of the said And provide
First and Second Wards, or the major part of them, gainft offend-
whereof the mayor always to be one as often as they shall ers.
make, ordain and publish such bye-laws for the purpose
aforesaid, may make and provide such fines and penalties
against every person who shall offend against such laws,
or any of them, as by the said common council or the ma-
jor part of them shall be thought requisite, the same to be How recover-
prosecuted and recovered in any justice's court within the ed.
jurisdiction of said city which shall have cognizance of
the same, by action of debt or otherwise, to the public use
of the said mayor, aldermen' and assistants of the city of
Schenectady; Provided, That no such bye-law shall con- continuance
tinue in force longer than for the term of one year.
of by laws.

ed and appli

re

XXIII. And be it further enacted, That it shall be law- Mayor, &c. to ful for the mayor, aldermen and assistants of the First and me within Second Wards of the said city to nominate and appoint cermits out of the inhabitants of said city, residing and dwelling on the south side of the Mohawk-river, and not more than three quarters of a mile from the Dutch church, a sufficient number of able, discreet and sober men, not exceeding forty in number, being freeholders or freemen of said city, to have the care management, working and using the fire-engines, and the tools and instruments now or hereafter to be provided for extinguishing fires within the said city, which person's so to be nominated and appointed shall be called The firemen of the city of Schenectady, who are hereby required to be ready at all times, Their duty; as well by night as by day, to manage, work and use the said fire-engines, and other tools and instruments aforesaid.

XXIV. And be it further enacted, That each of the per- And privi. sons so to be nominated and appointed a fireman, shall dur- leges. ing his continuance as one of the firemen, be exempted from serving in the office of constable and overseer of the highways, and from serving as juror, and from serving in the militia, except in cases of invasion or other imminent danger, and for this purpose the name of each firemen to be appointed shall be entered with the clerk of the said city; and his certificate shall be sufficient evidence in all courts and elsewhere of such exemption; And further, the said Maybe mayor, aldermen and assistants, or the major part of move. them, when convened shall have power from time to time to remove any fireman so to be appointed and others to appoint in their stead, and to make and ordain such rules Rules for and regulations for the government of the persons so to be appointed firemen in the working and frequent using and trying the said fire-engines, tools and instruments, and Penaics f to impose such reasonable fines and penalties upon such firemen, or any of them, for default in performing the duties thereby to be required from them, as they from time to time may think proper.

their

ment.

goferne

defaul of

ty.

Duty of the
marshal and

conftables in
cafes of fire.

Fire-buckets

XXV. And be it further enacted, That upon the breaking out of any fire within the said city, the marshal and constables then being in the said city, upon discovery or notice thereof, shall immediately repair to the place where such fire shall happen with their staves and other badges of authority, and be aiding and assisting as well in extinguishing the said fires as in preventing any goods from being stolen, and also in removing and securing the same, and in the execution of the duties required of them by this act shall in all respects be obedient to the mayor, aldermen and assistants of said city, or such of them as shall be present at any such fires.

XXVI. And be it further enacted, That it shall be lawhow provided ful for the said mayor, aldermen and assistants, or the major part of them in common council convened, to direct and require the inhabitants or owners of dwelling houses and other buildings in the said city, within the limits aforesaid, to provide themselves with such and so many fire-buckets to be ready in such houses and buildings for Penalties for the purpose of extinguishing fires, and to impose such reasonable fines and penalties for disobedience thereof as they may think proper.

neglect.

Annual fam
to be raised

within cer.
tain limits
for a night-

watch.

५

To be paid to
the treaturer

and how ap-
plied.

Common

council to
make bye-
laws to re-
ftrain horfes,

XXVII. And be it further enacted, That it shall be lawful for the mayor, aldermen andjassistants aforesaid, annually to order the raising a sum not exceeding four hundred dollars, by a tax on the estates real and personal of all the freeholders and inhabitants living or dwelling in that part of said city which lies to the southward of the Mohawk-river, and not more than three quarters of a mile from the Dutch church, to be applied to the payment of so many watchmen as the said mayor, aldermen and assistants, or the major part of them, may think necessary for guarding the said city, which said sum shall be rated and assessed by the assessors of the First and Second Wards of said city, and levied and collected in the same manner as now are or hereafter may be by law directed for levying and collecting the tax for the maintenance of the poor and other contingent charges within the said city, and the said monies shall be paid into the hands of the treasurer of the said city, to be applied and disposed of from time to time in such manner for the purposes herein before mentioned, as the said mayor, aldermen and assistants, or the major part of them shall direct and appoint.

XXVIII. And be it further enacted, That it shall be lawful for the mayor, aldermen and commonalty of the said city in common council convened, from time to time to make such bye-laws as they may conceive necessary for ning at large restraining any horses, hogs, cows or any other cattle grounds, from running at large on the flatts commonly called the Boyland, and the islands distinguished by the names of

&c. from run