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410

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,

&c. how to be
difpofed of.

$29

Idermenand Tiftants annually to at

common
council.

XX. And be it further enacted, That all monies which shall from time to time come into the treasury of the said city, arising from the sale of any lands or for rent, interest 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.

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.

Mayor, and
the aldermen

and affiltants
of the First
and Second

Wards to
make ye-
ws with re-

&c.

XXII. And be it further enacted, That it shall be lawful for the mayor of the said daty, 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 one, to make bye-laws relative to the public markets withfect mar. in those wards, so that such bye-laws shall not extend to kets, 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 cleaning of chimmies 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;

ed and appli

tinuance

and the said mayor, aldermen and assistants of the said And provide
First and Second Wards, or the major part of them, gainft offend-
penalties a-
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-
of byg laws.
tinue in force longer than for the term of one year.
XXIII. And be it further enacted, That it shall be law- Mayer, &c. to
ful for the mayor, aldermen and assistants of the First and
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 persons so to be nominated and ap-
pointed shall be called The firemen of the city of Sche-
nectady, 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 afore-

said.

appoint fire-
me within

934 frien
haji 3X4.

XXIV. And be it further enacted, That each of the per- And privisons 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 Mae mayor, aldermen and assistants, or the major part of mov 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 Penatics f to impose such reasonable fines and penalties upon 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.

such

their governe

ment.

default of do-
ty.

1

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 reaneglect. sonable fines and penalties for disobedience thereof as they may think proper.

Annual fam
to be raised

within cer.
tain limits

for a night

watch.

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XXVII. And be it further enacted, That it shall be lawful for the mayor, aldermen and assistants 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 To be paid to 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.

the treasurer

and how ap plied.

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

&c. from run-
ning at large

on certain
grounds,

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 restraining any horses, hogs, cows or any other cattle from running at large on the flatts commonly called the Boyland, and the islands distinguished by the names of

Van Slyck's, Wemple's and Fonda's Islands, lying within the bounds of the said city.

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Third and

may make the

XXIX. And be it further enacted, That it shall be The habilawful for the freeholders and inhabitants of the Third tants of the and Fourth Wards of the said city at their annual meetings, to make such regulations respecting those wards as the freeholders and inhabitants of the several towns in this state are allowed by law to make; Provided, Such regu lations be not contrary to or inconsistent with the powers vested in the corporation of the said city.

Fourth Wards
like regula
tions as the
towns.

inhabitants of

The unim. proved woo

mon

XXX. And be it further enacted, That all the unimproved wood lands within the limits and bounds of the lands to re patent of Schenectady, not heretofore lawfully granted main in com. and conveyed, shall be and remain in common for timber and fuel for the use of the freeholders and inhabitants of the said city, and it shall not be lawful for the said mayor, aldermen and commonalty, or their successors, to demise, sell or convey any part of the last mentioned wood lands to any person whatsoever and every demise, sale and conveyance thereof by them shall be void.

asd hope 106. Vol.5.

act, ar 1 to be

XXXI. And be it further enacted, That this act shall Tsa public be a public act, and be construed in all courts and places favour bly benignly and favourably for every beneficial purpose there- expounded. in intended.

TENTH SESSION. CHAP. LXVI.

An ACT for the more effectual Punishment of Persons who

shall be guilty of the Trespasses therein mentioned, in Have not the Cities of New-York, Albany and Hudson, and the Town ship of Schenectady.

WHER

these cities Passed 24th March, 1787. (ompetent

роши

already?

HEREAS evil minded persons have often broken, Preamble. taken down or carried away the glass lamps hung out or fixed up before the dwelling houses of many of the inhabitants, and in the streets of the city of New-York, to illuminate the streets aforesaid, in the night time, or have extinguished the lights therein, and have also been guilty of breaking glass windows, porches and knockers of doors in the said city, and in the cities of Albany and Hudson' and township of Schenectady, and of committing other trespasses and enormities, injurious to the property of the inhabitants and to the disturbance of the peace in the said respective cities and township: For prevention whereof in future,

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I. Be it enacted by the People of the State of New-York, Penalty on represented in Senate and Assembly, and it is hereby enacted perfons break ing lamps. by the authority of the same,That if any person shall, after the passing of this act, wilfully break, take down or carry away any glass lamp alreally hung or fixed, or hereafter

VOL. II.

Y

How recover

ed & applied.

On refusal to pay, offender to be imprifoned.

Offenders un.

known to be detained till morning.

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to be so hung or fixed as aforesaid, in any of the streets of the said cities or township, or extinguish the lights therein, or be aiding or abetting in the same, or shall wilfully break or deface any glass window, porch, knocker or other fixture, in any of the said cities or township, and shall be thereof convicted before the mayor, recorder or any one of the aldermen of the said cities respectively, or before any justice of the peace residing in the township aforesaid, either by the confession of the party, or by the oath of one or more credible witness or witnesses, he or she, shall for every such offence, forfeit a sum not exceeding ten pounds lawful money of this state, to be recovered with costs, and levied by distress and sale of the goods and chattels of every such offender, by warrant under the hand and seal of such mayor, recorder alderman or justice before whom such offender shall be convicted; one moiety of which forfeiture when recovered to be paid to the treasurer or chamberlain of the said cities respectively, for the time being, to be applied for the purposes of providing new lamps in the room of such as shall be so taken out or carried away, and for repairing such of them as shall be broken or injured as aforesaid, and for the support and maintenance of the poor of such respective cities or township where such offences shall be committed; and the other moiety of such forfeiture to be paid to the person or persons who shall prosecute for the same to effect.

II. And be it further enacted by the authority aforesaid, That upon refusal of payment of such respective forfeiture or forfeitures, and want of sufficient distress whereon the same can be levied, it shall and may be lawful for such mayor, recorder, alderman or justice of the peace before whom such conviction or convictions shall take place, by warrant under his hand and seal, to commit every such offender, if convicted in the city of New-York, to the bridewell or house of employment of the said city, if convicted in the cities of Albany or Hudson, to the common gaol of the same cities respectively, and if convicted in the township of Schenectady aforesaid, to the common gaol of the city and county of Albany, there to remain without bail or mainprize for the space of two months, or until such forfeiture and costs are paid; and if any such offence shall be committed by any apprentice, servant or slave, such forfeiture shall be paid by his or her master, mistress or owner, or in default thereof such apprentice, servant or slave shall be committed to such bridewell or gaol in manner aforesaid.

III. And whereas the mischiefs aforesaid are generally committed in the night time when the offenders cannot be easily known; in order, therefore, to carry this act in to effect, Be it further enacted by the authority aforesaid, That it shall and may be lawful to and for any sheriff, de

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