When you leave, please leave this book Because it has been said "Sver'thing comes t' him who waits Except a loaned book." Avery Architectural and Fine Arts Library Gift of Seymour B. Durst Old York Library LAWS STATE OF NEW-YORK REI.ATJNd PARTICCr AKI.Y TO THE CITY OF NEW-YORK PUCUIsHliD feV THE AUTHORITY OF THE CORPORATION OF THK SAID CITV, N E W - Y O R K : GOULD AND BANKS, CORNER OF NASSAU AND SPRUCE STREETS. 1833. G. p. SCOTT AND CO. tINTERS, CORNBR NA83A0 AND ANN STREETS. INDEX TO THE LIST OF ACTS. A Absconding and absent debtors, acts relating to IH, 3^1 Academy of Arts, act incorporating 4'J amended 69 Accounts of the New- York Hospital, act in relation to 99 Administrator, public 78, 96 Affidavits, act recrulating the taking of 5 African Free School 52 Society, act amended 86 Albion Society, act incorporating 41 act altering the name of 4o Aldermen, powers granted to 35, 43, 47 Alleys, act regulating 2 Almshouse and Bridewell 28, 57 American Fire Insurance Company 89, 101 Fur Comp.any, act incorporating 50 Gas Light Company 92 Institute 97 Insurance Company, acts incorporating and amending ...'. 57, 62, 65, 83 repealing clause of. 62 continuing 83 Manufacturers' Mutual Assurance Association 100 Ancient Britons' r>enefit Society, act incorporating 45, 78 continuing 78 Ann Warner, act for relief of 71 Appointment of officers, act directing 82 Apportioning representation in Legislature, acts respecting 18, 22, 38, 66, 91 Congress, do. ...20, 25, 34, 38, 40, 49, 56 Apprentices and Servants, acts concerning 16, 36 Arsenal, acts for erecting of 28, 48, 50, 62, 69 duty of commissary of military stores in relation to 62, 69 Artillerymen, acts for encourarjement of 22, 45 a new hriijade authorized 45 Assessments, commissioners of, {sec Taxes) of ministers and poor's tax 2, 3 9, 63 .acts for the more easy collection of 15 30, 37 Assistant Society, act incorporating 52 Associated body of House Carpenters of the city of New- York, act incorporating 43 Associate Reformed Church 73 Atlantic Insurance Company 95 Atlas Insurance Company, act incorporatincr 87 Auction, act to j)revent sale of soodshy night at 11 additional duty on sales at, act regulating 28 regulation of sales at 35, 40, .50, 53, 60, 83, 88 Auctioneers, acts in relation to 39, 48 AuxiUary New-York and Common Prayer-Book Society , act respecting 69 B Bakers' Benefit Society ^ 96 Bank of Savinrrs, acts concerning 76, 92, 98, 99 Banks in the city of New- York, list of, from the commencement of the government to the present time, with the several acts amending, modifying, or altering 103-107 Baptist- Church 75, 88 Education Society, act incorporating 74 Missionary Society, act incorporating 49 V LNDEX. Barrels and half barrels, of beef and pork, &c 5 Bastards, acts in relation to 58, 67 Bodlows Island, act designating it a place of quarantine Beef and pork, acts respecting exportation of 16, 18, 40 inspection of 29, 32, 36, 39, 40, 41, 42, 48, 61, 65, 67, 89, 90, 94 repackersof 5, 16, 29, 32, 42 Benevolent Society, act incorporating 41 Berry, John, act for relief of » 42 Bethel Baptist Church, act incorporating the \ 78 Blind, New-V'ork Institution for the 99 Bonds of Sheriff 93 on serving process 33, 59 Boring the earth for water, act relating to , . 99 Botanic garden, act authorizing the purchase of. Boundaries of the city and county 85 Branding of flour, act regulating the 9 Bread, white, act in relation to packing of. 9 Breucldand, [now Brooklyn,] road to 3 Bricks, act regulating sale of 10 Buildings regulated 2, 7, 8, 11, 15, 19, 21, 23, 26, 34, 35, 56 act for covering of; with tile 8 wooden 19 Butchers' Benevolent Society, acts incorporating i 66, 99 By-laws, act against unlawful 2 Caledonian Society, act incorporating 46 Canal Insurance Company, acts incorporating 66, 99 street, act respecting 51 Carriages, acts directing those going north to give way to those coming south 15, 29 passing of 29 Cartmen's Benevolent Society '. 75 Casks, for packing white bread , 8, 9 false tareing of 16 Cellars, (see Mai/or, Aldermen, tf-c. powers to) Central Presbyterian Church, act in relation to 79 Chaniberlair»of the city, act directing granting administration to '.',0 Chancery, atts concerning 37, 40, 57, 59 Chaplain to Marine Hospital 84 Charter officers, acts for the better regulation of elections of. 10, 24, 3i, 36, 40 Chatham Fire Insurance Company 80, 85 Christ Church in Ann-street 83, 84 Churchwardens and Vestrymen, acts for choosing of 9, 21 Circuit Courts, acts respecting 32, 37, 40, 47, 57, 59, 62, 69 Cities, act contirming rights of. 2 City- Hall, act for the removal of prisoners from, to new gaol 7 City Insurance Company, act incorporating Clark, Daniel, act for relief of. 102 Clerk of the city and county of New- York, act respecting 31 to give bond 91 of Common Council 45 of the Oyer and Terminer and General Sessions 47 of the Supreme Court 49, 54, 94 Clinton Fire Insurance Company ,..100, 101 Hall Association in the city of New- York 98 Coenties-slip, act relating to 47 Collectors of taxes (see Taxes) 3, 4, 37 act enlarging time of payment 8 converting taxes 4 College of Pharmacy of the city of New- York 100, 102 of Physicians and Surgeons, acts res[)ecting 19, 69, 79 Columbia College, act directing payment to, &c 24, 53, 55, 60, 73 Commercial Insurance Company, act incorporating 42, 55, 101 Commissioner in New- York, act authorizing one to be appointed , "26 Commissioners of Excise, allowance to , 19, 39 Common Council, new organization of 84, 95 Common lands of the freeiiolders, &c. of Harlaeni 76 Congress Steam Sugar Refinery 99 Consistory of the Reformed Presbyterian Church 76 Constables and marshals, process against, refusing to pay over money 6 INDEX. V Constables, act to enlarge the time to pay in taxes collected by them 8 Contributors to the New- York. Dispensary, act to incorporate 2*2 Convicts, employment of, {see State Prison) 50, 58 Costs, act resjKJCtinff .^ 57 Counties, acts dividing the state into 17, 60 boundaries of" 85 Courral, De, and others, act for th"ir relief 96 Court of Common Pleas and Mayor's Court, acts in relation to.... 3, 14, 24, 31, 35, 43, 47, GO, 61, 72, 77, 78, 94 General Sessions, actsin relatioii to 14, 22, 25, 26, 34, 35, 43, 47, 60, 61 Over and Terminer, acts coiicerning 16, 22, 26 Probates, acts concerning 29, 34, 38, 59, 67, 81 Cranage, acts regulating 9, 10 Crimes, acts declaring the punishment of 48, 51, 58, 62 Criminal offences, acts for the speedy punishing persons who commit 5, 12, 17 laws, acts in relation to 23, 27 Culling of staves and heading, acts regulating 16, 32 D Damaged goods, act regulating sale of 7 Dean, Israel, act f)r relief of 98 Deaths, report of (see Infectious Diseases) Debtors, absent and absconding, acts in relation to 13, 33, 36, 41 Debts, acts for the recovery of, under ten pounds 15, 18 to the value of ten pounds 22, 24, 31, 36, 49, 59 Deeds, acts for recording of, by the clerk of the city and county 54, 55 Defence of the state, acts in relation to 48 66 Delaware and Hudson Coal Company, act iiicorfxjrjiting 82 Disorderly persons, acts for the punish nu-nt of 17 Distilled spirits, act in relation to inspection of 76 Distresses, acts regulating 67, 72, 76 District Attorneys, acts relating to 59, 82 Docks, regu lated 2 act preventing obstructions of 18 Dogs, act laying tax on 11 Drains, (see Mayor, Aldermen, d^c. powers of.) E Eagle Fire Company of New-York, acts incorporatinfj 54, 6G, 69 Eagle Manufacturing Company 69 Eastern Dispensary of the city of New- York 101 Elections, acts regulating 14, 29, 33, Gi), 79, 80, 82 of charier officers, acts respecting 10, 14, 45, 47 time of GG, 80 canvass extended 85 Eliza Hatfield, aet for relief of 71 JEi.ua. Fire Insurance Company 84 Excise, acts laying a duty df, on strong liquors 16, 36, 58 acts respecting commissidners of 19, 49, 72 Extravagant grants of land, ad vacating 2 Eye Infirmary, act for the relief of 85 Fairs and markets, act rcirulating them 2 False pretences, act punishing persons guilty of 7 Farmers' Fire Insurance and Loan Company, acts incorporating 78, 80 Female Association of the city of New- York G'2, 74 Fences, acts regulating of 5, 34 Ferriage, acts res[)ecting rates of 18, 35, 53, 57 Firearms, act to prevent hunting with firearms in the city 8 Fire limits " 19 Firemen, act for the a[)[)ointment of 4, 8, 19 act to incorporate tiie 27, 52, 66 Firemen's Insurance Coiniiiiny 89 Fires, act for extinguishing of 4 the prevention of 7, 8, 9, 11, 14, 19, 21, 23, 26, 31, 56 Fish, acts in relation to inspection of 46, 48, 61 Fishing in Hudsons river, act relating to 45, .50 First Presbyterian Church, act in relation to 52 vi INDEX. First Protestant Episcopal Charity School, acts incorporating, &.C 43, 46 Flax and Flaxseed, acts for inspection of, &c 10, 16, 33, 79, 88 Flour and meal, acts to prevent exportation of unmerchantable 9, 12, 13, 16 act regulating branding of 9 acts respecting inspection of 30, 32, 36, 47, 50, 61, 79, 94 Flour casks, acts regulating tareing of 12, 13, 16, 32 Frankfort-street, act respecting . . ; 20 Franklin Bank, act incorporating ^ 73 Fire Insurance Company, acts incorporating 71, 73 Manufacturing Company, act incorporating 86 Free School of St. Peter's Church in the city of Nev/-York, act incorporating 43 French Protestant Church, act for their relief 3 Benevolent Society, act incorporating ,..,, 75 Friendly Society of the town of HarlEem 50, 51 Fulton Bank 95 Fire Insurance Company 74, 77 Steamboat Company, act incorporatijag 68 Fur Company of the city of New- York 95 G Game, act for preservation of , 18 Gaol, acts concerning 27, 34, 51 , 59 Gaoler, act concerning.... 44 Gas Light Company, act ineorporating , General Theological Seminary of the Protestant Church, &c 79 George's Church, St., act enabling them to hold real estate 58 German Lutheran Church, act in relation to 41 Reformed Church, acts relating to 63, 80 Society, acts incorporating 41, 88 Good Hope Insurance Company of the city of New- York 101 Government-house, act authorizing sale of 56 Governor's Island, act authorizing buildings thereon for hospital 20 Grace Church, acts in relation to 52, 64 Great Barn Island, act respecting 51 Greenwich Fire Insurance Company 84 Guagersand insj)ectors of fish oil, act respecting 71 Gunpowder, act to prevent lodging of, indwellings, &c : 11 in certain parts of the city 17 H Habeas corpus, act securing benefit of 34 Hannah Shipley, act for relief of. 41 Harbour Masters, acts directing appointment of 23 acts relative to 35, 38, 47, 93 Harlsem, acts regulating division between, andNew-Yo'rk 10, 12 Canal Company 93, 95, 97, 99 River, acts authorizing bridge to be built over 11^ 21, 45 dam do. do 64 School, act to incorporate the Trustees of. 93 Harman-street, act relative to .- _ 75 Havi'kcrs and Pedlers, acts restraining 4^ 13 Health Commissioners, act relating to 72 of the city, acts providing for 26 41 43 44 Heath Hens, &c.acts respecting Ig^ 72 Hibernian Provident Society, acts incorporating 46* 79 Universal Benevolent Society, act incorporating 96 High School of New- York, acts incorporating, &c 86 89 Hope Insurance Company, act for the relief of ' 91 Hops, inspection of. 74 Horse racing, act preventing 58 Hospital, acts for the support of 10, 20, 21, 30, 33, 41, 43, "53," 69, 95 act for the erection of a fever *. gl Howard Insurance Company, act incorporating ' 86 Hudson Insurance Comj>any, act incorporating 8^ Humane Society, act incorporating ] 63 Idle persons, act in relation to » 6 Incorporated Companies, acts providing for dissolution of .70 77 INDEX. vii Incorporated Companies, act for relief of certain 86 Infectious and pestilential diseases, acts to prevent bringing and spreading, .7, 13, 20, 23, 24, 25, 27, 28, 32, 35, 40, 62, 77, 81 Insolvency, acts giving relief in 36, 41, 59 Inspectors of elections, acts relating to 14, 29, 44 Intercourse with New-York, acts relating to 70, 73 Islands in the harbour of New- York, act ceding them to United States 30 J Jabez Johnson, act for relief of 28 Jackson Marine Insurance Company, acts incorporating, &c 99, 101 Jacobus Kip, act in relation to release of 12 Jefferson Insurance Company, acts to incorporate, &c 83, 95 John-street, act for improving 20 Jones, William, heirs of, act for relief of r 97 Joseph Watkins, act for relief of. 75 Jurors, acts respecting 33, 58, 87, 92, 94 selecting of grand 94 struck, act allowing compensation to 24 Justices, Assistant 48, 78, 94 of the Peace, acts in relation to 14, 44, 46, 61, 73 K Kingsbridge, acts for mending and keeping in repair the po8t road to 3, 4 Knockers, penalty for breaking 10, 15 L La Fayette Insurance Company, acts incorporating, &c 87, 90 Lamps, acts to prevent breaking of 6, 11, 15 Land, extravagant grants of, vacated 2 Lands and tenements, act in relation to sale of 98 ceded to the United States 45, 48, 55 corporation to dispose of certain. , 53 L'Anglois, act for relief of 98 Lazaretto, acts authorizing erecting of, on Nutlen Island 23, 25 Leake and Watts Orphan House in the city of New-York 98 Leaf Tobacco, act for inspection o:' 95 Leather, Sole, acts for inspection of 10, 12, 61, 83, 86, 91 Liquor, acts laying duty on 16, 36, 58 act respecting immoderate use of, in gaols 18 Literary and Philosophical Society, act incorporating 64 Literature, acts for encouragement of « 35^ 38 Livingston, Philip P. act to confirm a lot of ground to 81 Loan offices, act relating to 80 Lombardy Association, act incorporating 84 Longbotham, Harvey, act to change name of 99 Lots of ground, act empowering corporation to purchase certain 32 for sale of 52 the partition of certain 49 vesting title in Edward Thorn 100 Elizabeth Idley 100 Lotteries, act authorizing Beard of Health to raise moneys by 65 in restraint of ". 94 acts to enable the Mayor, &c. to raise moneys by 22, 32 for promotion of literature 64, 75 managers of, act relative to 63, 76 Lumber, acts regulating exportation of 16, 18 inspection of 33, 42, 45,' 89 Lyceum of Natural History, act incorporating : 72 M Madison Marine Insurance Company, acts incorporating 87, 91 Manhattan Fire Insurance Company, do, ' 77 Gas Light Company, do. 98 Provident Society, do. 51 Manhattanville Free School, do. 93 M'Cormick, Daniel, act respecting 56 Marine Court, act relating to ....' 40 Hospital, acts for erection of 28, 42, 64, 95 viii INDEX. Marine Insurance Company, aqts incorporating, (tc 37, 43, 64, 97 Society, act changing name of, 14 Market?, act regulating 2 Marshals and Constables,, act in relation to, not paying over moneys, &c- 6 Masonic Lodges, act authorizing them to hold real estate 88 Masters and Examiners in Chancery 97 Wardens, actsfor the appointment of, &c.\ 38, 43^ of vessels, penalty for bringing in and not reporting passengers 7 Mayor, Aldermen, 56 Reid, Jane, act for relief of, 91 Removal of ac''ons from Mayor's Court, &c. act in relation to 3 Roads, act respecting the King's highway to Breuckland 3 to Bloomingdale 6 Public, acts respecting 8, 11, 15, 46 Roman Catholics' Benevolent Society,' acts incorporating, &c 70, 76 Roosevelt-street, act respecting 20 Schermerhorn, Peter, act in relief of the Executors of 90 Schools, acts for the encouragement of. .22, 25, 37. 42, 43, 44, 45, 46. 49, 50, 52, 53, 54, 55, 62, 70, 74, 77, 80, 85, 90, 94, 97 Screw Dock Company, act incorporating 96 Seamen's Bank of Savings, act for reliefof 102 Second Baptist Church, act respecting 37 Senatorial Districts, act relating to 67 Servants, act concerning 16 Settlement of the Poor, acts respecting 16, 36 Sheriff, acts concerning 26, 33, 44, 59, 93 Ships and Vessels, acts respecting the wharfage and cranage of 9, 10. Slate Company, act of incorporation ., 52 Slaves, act to prevent and punish insurrection, &c. of 4 Slips, acts regulating 15, 35 Society for Promoting the Gospel among Seamen, act incorporating 75^ the Education of Poor Children, &c. do. 99 Ma imn\ission of Slaves, do. 47 Reliefof Poor Widows with Small Children, acts incorporating.. 38, 52, 89 Library, acts respecting the charter of 17, 37 of Mechanics and Tradesmen, acts incorporating, &c 19, 77 Roman Catholics belonging to the Congregation of St. Patrick's Cathedral 70 St. Peter's Church. ... 70 Tammany, act incorporating 42 Teachers of the city of New- York, acts incorporating 55, 73 the Economical School, act incorporating 52 Friendly Sonsof St. Patrick, do 92 Lying-in Hospital, do Spirituous Liquors, act to restrain the use of, in gaols, &c IS State, act to divide it into Counties 35 Prison Guard, act respecting 38 Prisons, act for erecting of. 23 acts concerning ....27, 28, 36, 56, 76, 77, 78, 80, 85, 90, 91 Staves ar.d Heading, acts respecting culling of 16, 32, 61, 70, 81 St. Andrews Society of the State of New-York, act incorporating 91 Domingo Refugees, act in relation to 24 Mary's Church, acts in relation to . 98, 102 Patrick's Church, act relating to 70 Friendly Society, act incorporating. , 95 Peter's Church, acts relating to 68, 70, 7S Stephen's Church, do. 65,81, 94 Steam Saw Mill Association, act incorporating 87 Streets, acts regulating of. 2, 15, 28, 35, 46, 51, 54, 56, 65» 81 Sulphur, oct respecting 21 l^ua Fire Insurance Company, acts incorporating^ t^^c ..,84, 97 INDEX. jI Sopervisors, act appointing the Mayor, Aldermen, &.c 15 Supreme Court, terms of, in New- York, acts in relation to 13, 24, 29, 32, 38, 54, 66 Swine, act to prevent running at large 4 Taxes and Assessments, collection of, for various objects 6, 8, 9, 11, 12, 15, 17, 19, 20, 21, 23, 25. 27, 30, 37, 39, 40, 42, 43, 45, 47, 48, 50, 53. 54, 56, 62, 67, 68, 70, 74, 78, 81, 82, 84, 89, 90, 93, 97, 98, 100 Taxes, acts compelling inhabitants to make good their quotas of 3, 5 Minister and Poor's, acts regulating 3, 10, 11 on Slaves 4 Thistle Society, act incorporating 50 Thorn, William Jauncy and James Jauncy, act to change their name 96, 97 Towns, act dividing Counties into 17 privileges of 34, 50 Traders' Insurance Company, act incorporating 86 Tradesmen's Insurance Company, do. 86 Trinity Church, acts in relation to 3, 17, 63, 76 Union Insurance Company, act incorporating 71 United Benevolent Society of Tailors, act incorporating 75 German Lutheran Chnrches, do. 72 Insurance Company, acts incorporating, &c 41, 66 States Fire Insurance Company, act incorporating 84 Insurance Company of the city of New-York, act incorporating 27 University, act relating to 60 Vagrants, act in relation to 6 Verplank, Daniel C, act for relief of 93 Vessels, acts concerning, (vide Wharfage and Infectiovs Diseases) 69 Vestrymen, choosing of, acts in relation to ft, 9 W Wardens, acts establishing Board of ! , 55, 56 Wards, acts for altering and increasing the number of 11, 18, 39, 47, 88 Washington Insurance Company, acts incorporating, &c 63, 68 Mutual Insurance Company, act incorporating 38 Waters, act relative to jurisdiction of, in Bay of New- York 53 Weighmasters, act relating to 36 Weiwhts and Measures, acts in relation to 59, 77 Wells and Pumps, to be kept in repair, &c 5, 6, 8, 9, 14 Weeieyan Seminary, act incorporating , 75 Wharfage, acts regulating 5, 9, 10, 21 at the three wharves 5 Wharves and Slips, acts regulating 2, 15, 18, 28, 35 Wiliiamsbur^h Ferry Company, act incorporating 85 Wooden Buildings, act authorizing erection of 8 Worship, place of, at the Quarantine-ground, acts relative to 74, 76 York and Jersey Steam-boat Ferry Company, act incorporating 60 Yorkville School, act incorporating 98 Young Men's Missionary Society, act incorporating 71 TITLE OF ACTS RELATING TO THE CITY OF NEW-YORK; [The following List of Acts relating to the City of New-Yoek has been made with no little lime and labour, to facilitate the investigations of gentlemen who have occasion to refer to them. These public acts are obsolete or repealed ; but they, nevertheless, have an important bearing upon the jurisprudence of our city : we refer to the law as it was to obtain a knowledge of what it is. These acts have also an im- portant connection with titles and rights to property, which have been acquired and are now held under them. They also exhibit a connec- ted viEw^ of city legislation, from the earhest period. The private acts also are important, as many titles in the city depend upon them ; and reference, therefore, to those acts is frequently made. There is a pro- vision in our statute book (2 vol. Rev. Stat. p. 779, § 4, App.) which declares, that " No statute, passed by the government of the late colony of New- York, shall be considered as a law of this state." — Nevertheless, for the reasons before given, many of the acts of the provincial assembly have been introduced — those only which appeared to be of sufficient importance to merit an insertion, or where still sup- posed to influence, more or less, some title or right still existing. The title of acts relating to the city, passed since the organization of our government, it will be perceived, are introduced ; and, in many cases, with remarks, which, it is hoped, will further facilitate the ex- aminations of gentlemen in relation to them. These acts are scattered through a great number of books, many of them scarcely accessible to many members of the bar. They have been collected here in a body, and indexed. By a reference to the index, the subject matter of the title of the act will be seen. The index refers to the page in this list, where the whole titles with a reference to the book containing the art itself^ may without difficulty be found.] 1 TITLE OF jk^TS. An Act for settling, quieting, and confirming unto the Cities,, Towns, Manors, and Freeholders, within this Province, their several grants, patents, and rights, respectively; {)assed April, 1691 — Smith ^ Livingston f vol. 1, p. 2. Br. 1. Vide acts of assembly passed in the province of New- York from 1651 to 171 8 — London, printed by John Baskett, 1719. It does not appear that this book has been cited in any le<^al work with which we are acquainted. An Act for regulating the Buildings, Streets, Lanes, Wharves^ Docks, and Alleys of the City of New-York; passed October 1, 1691— S. & L. 8. Br. 12. The corporation are, by this act, authorized to appoint surveyors or supervisors of buildings, &;c. and their powers and duties are detailed. An Act for settling Fairs and Markets, in each respective City and County throughout the Province; passed November 11, 1692 — S^ &iL. 11. Br. 17. By this act it is declared, there shall be kept yearly, for the city and county of New-York, two fairs at the city of New- York : the first fair annually to commence the last Tuesday of April in every year, and to end on the Friday next following-, being in all four days, inclusive, and no longer; and the second fair to commence the first Tuesday of November in every year, nnd to end on the Friday next fol- lowing, being in all four days, inclusive. And the fair to be holden, together with a court of py-powder, after the manner of the realm of England. An Act establishing certain Rates upon such Goods and Merchan- dise as shall be brought unto their Majesties' Beam, in the weigh- house at New- Fork; passed April 10, 1693— S. & L. 16, 17. An Act for settling a Ministry, and raising a maintenance for them, in the City of New-York, County of Richmond, Westchester and Queens County ; passed September 22, 1693 — S. & L. 18. Br. 23. By this act every city and county is required to call and induct a protestant mi- nister, and to raise a sum for their support; and the freeholders of every city and county are required to choose ten vestrymen and two church wardens. The jus- tices and vestrymen are empowered to lay a tax upon the cities, counties, parish or precincts, for the maintenance of the minister and the poor of their respective places. An Act against unlawful By-laws and unreasonable forfeitures ; passed October, 1695— S. U L. 23. Br. 25. This act declares certain by-laws of the city of New-York void, in relation to the prohibition of the importation of flour in New- York. An Act for the vacating, breaking, and annulling several extrava- gant Grants of Land, made by Colonel Fletcher, the late Governor of this Province, under his Majesty ; pa&sed May 12, 1699 — S. &^ L. 31,33. Br. 36. This-act recites the extravagant grants: among them, a grant to John Evans,, of a swamp and fresh pond ; the king's farm, to the church-wardens, and vestry- men of Trinity church ; the king's garden, to col, Healhcotc, &.c. TITLE OF ACTS. 3 An Act to enable the Ministers and Elders for the tirae being, of xhe French Protestant Church in the City of New- York, to build a larger Church for the worship of Almighty God, in that Congrega- tion, to hold to them and their successors for ever; passed June 19, 1703— S. &iL. 52. The act enables the ministers and elders of the French Church to sell their church and lot of ground in Petticoat-lane, and to buy a larger piece of ground to build a church. An Act for granting sundry privileges and powers to the Rectors and Inhabitants of the City of New-York of the Communion of the Church of England, as by law established ; passed June 27, 1704 —S. &i L. 60. The act incorporates Trinity Church. An Act for the better explaining, and more efiectual putting in execution, an act of General Assembly, entitled " An Act for sett- ling a ministry and raising a maintenance for them, in the City of New- York, County of Richmond, Westchester, and Queens Coun- 4y ;" passed August 4, 1705 — S. & L. 64. By this act if the vestrymen and justices neglect to lay a tax in their res- pective counties and parishes within ten days after tlicy are chosen, the justices are empowered to lay it. An Act to prevent the removal of actions of twenty pounds from tlie Mayor's Court of New- York and other Courts ; passed October 11, 1709— S. &t L. 79. By an act passed November 29, 1 745. Vide post p. 4. It is enacted that all actions under twenty pounds shall be commenced in the Inferior Courts, and shall not be removed into the Supreme Court under a penalty. An Act for mending and keeping in repair the Post Road from New- York to King's Bridge; passed 1713 — Br. 86. An Act to oblige the inhabitants of each particular Ward within the City of New-York, to make good their respective quotas of all public taxes ; passed July 21, 1715— S. & L. 102, 117. The respective wards of the city made responsible for the defalcation of collectors, &c. An Act for the more equal and impartial assessing the minister and poors tax, to be raised within the City and County of New-York, Queens County, Westchester County, and the County of Richmond; passed July 27, 1721— V. S. 125. S. & L. 146. An Act to continue the Road, or Kings Highway from the Tovs^n of Breuckland, on the Island of Nassau, in the province of New- York ; passed Jidy 27, 1721— S. h L. 147. An Act for the effectual recovery of the arrears of the several taxes and of the excise therein mentioned ; and for securing the ^ TITLE OF ACTS. duties on slaves not imported in the City of New-York, and for empowering the Treasurer for these purposes ; passed July 12, 1729 — S. &i L. 184. An Act to prevent swine running at large in the City and County of New-York, the County of Westchester, Queens County, Kings County, and Richmond County; passed October 1730 — S. ^ L. 186. This act repeals aU other acts relating to swine ; and directs that no swine shall run at large in the city of New- York except on land belonging to owner, and empowers freeholders to impound and sell at public vendue swine running at large. An Act for the more effectual preventing and punishing the conspiracy and insurrection of negroes and other slaves ; for the better regulating them, and repealing the acts therein mentioned, relating thereto ; passed October 29, 1730 — S. Si L. 193. This act provides for the payment of the charges for the trial and execution of slaves in the city of New-York, and repeals former acts upon this subject. An Act to provide able Pilots, and to establish their Pilotage between Sandy Hook and the Port of New- York ; passed Septem- ber 29, 1731— S. k, L. 200. An Act confirming unto the City of New-York its rights and privileges; passed October 14, 1732— V. S. 170. An Act for the better extinguishment of Fires that may happen in the City of New- York ; passed December l6, 1737 — S. & L. 263. By this act the corporation are authorized to elect and appoint forty-two firemen. An Act to restrain Hawkers and Pedlers withhi the Colony from selling without License ; passed November 17, 1739 — S. &i L. 276. This act prohibits hawking in the city of New- York, and requires pedlers and hawkers to be licensed by the treasurer. An Act for mending and keeping in repair the Post Road from New-York to King's Bridge; passed November 7, 1741 — S. & L. 293, An Act to oblige all persons that shall come to inhabit or reside in the City of New- York, in order to expose any goods, wares, or merchandize to sale, at any time after the annual assessment made for the tax for the maintenance of the minister and poor of the said city, to pay their due proportion towards the same ; passed Novem- ber 27, 1741— V. S. 214. This act authorizes the vestrymen to assess strangers coming in the city, and to deliver the names to the constables, who are required to collect the tax. TITLE OF ACTS. 5 An Act for mending and keeping in repair the Public Wells and Pumps in the City of New-York ; passed November 27, 1741 — S. &. L. 297. V. S. 216. An Act for explaining and rendering more efiectual, an act of the Governor, Council, and the General Assembly, entitled an act to oblige the inhabitants of each particular ward within the City of New-York, to make good their respective quotas of all public taxes ; passed April 30, 1743— V. S. 226. By this act the collectors and constables converting the taxes to his or their own use, the justices or vestry are authorized to add to the succeeding tax the former deficiency of ihe ward, to be collected therewith and to be paid as the original tax. An Act to empower the sworn re-packers of the City of New- York for the time being, to re-pack and brand half barrels of beef and pork ; passed May 19, 1744— V. S. 238. An Act for the speedy punishing and releasing such persons from imprisonment, as shall commit any criminal offences in the city and County of New- York, under the degree of Grand Larceny, passed September 1, 1744— V. S. 241. This act authorizes the trial of petty offences, before the mayor, deputy mayor, recorder, and alderman ; the mayor, deputy mayor, or recorder, to be one, who may fine, imprisoo, or inflict corporal punishmeni. An Act to establish the rates to be taken for Wharfage of Ships and other Vessels using the three Wharfs therein mentioned ; passed September 21, 1744— V. S. 251. & S. &t L. 350. An Act to enable the Inhabitants of the city of New-York to .choose annually two Vestrymen for each respective Ward within the said city; passed November 29, 1745 — V. S. 267. By this act the inhabitants are required to elect two vestrymen for each ward, who in conjunction with the justices of the peace are to lay taxes. An Act to revive an act, entitled an act to oblige all persons that shall come to inhabit or reside in the city of New-York, in order to expose any goods, wares, or merchandize to sale at any time after the annual assessment made for the tax, for the maintenance of the minister and poor of the said city, to pay their due proportions to- ward the same; passed May 14, 1745— V. S. 252. S. &l L. 353. An Act for taking Affidavits in the several Counties within this Colony, to be made use of in the Supreme Court, and empowering the Attornies of the Supreme Court to practice in the Mayor's Court of the city of New-York ; passed May 3, 1746— V.S. 270. An Act for regulating fences for the several cities and counties within this Colony of New-York; passed November 24, 1750— S. & L. 289. t; TITLE OF ACTS. Corporation of the city of New-Yoi k authorized to make rules and regulation! respecting' partition fences, and to impose fines, not exceeding twenty shillings, for violating them. An Act for amending and keeping in repair the Public Road or High Way, from the house of John Home, in the Bowery Divi- sion of the out ward of the city of New-York, through Blooming- dale Division, in the said ward, to the house of Admiral Hooge- landt; passed November 25, 1751 — 303. This Road was laid out in 1703. It was originally laid out four rods wide, and was to be kept in repair by the inhabitants of Bloomingdale Division. To relieve the inhabitants, who were few in number, of the hardships of keeping it in repair, the Court of Quarter Session of the city and county of New- York were directed to appoint a Surveyor of the Road, &c. An Act to prevent the breaking or otherwise injuring Glass Lamps, in the city of New-York ; passed November 25, 1751 — S. &L L. 306. This Act expired January 1, 1753, and was revived May 1754 — p. 339. An Act to enable the Mayor, Deputy Mayor, Recorder, and Al- dermen of the city of New-York, for the time being, or the major part of them, to raise a tax for mending and keeping in repair the PubHc Wells and Pumps in the said city, to the South of Fresh Water, and other purposes therein mentioned; passed December 12, 1753— V, S. 318. By this a t, the mayor, deputy mayor, or recorder, with three aldermen, are authorised to appoint overseers of wells and pumps. It was continued by an act passed December 24, 1759—2 S. & L. 12. V. S. 378. • An Act to enable and empower the Mayor, Aldermen, and Com- monalty of the city of New-York, and their successors, to prevent and remove particular nuisances within the same, to the Southward of the Fresh Water; passed May 4, 1754— V. S. 339. and 2 S. &: L. 36. This act authorizes the corporation of the city to inclose and to lease out any vacant lot or lots south of fresh water, which have become public nuisances, by throwing upon them all kinds of filth and dirt, &c. and prohibits the owners from re-entering upon them until they shall have paid to the corporation the mo- nies expended, and lawful interest for the same. An Act for further explaining, and rendering more effectual, the two Acts therein mentioned, so far as they relate to the city of New- York ; passed February 19, 1756— V. S. 355. 2 S. &: L. 91. By this act a summary process is instituted against constables refusing to pay the money collected. An Act to enforce and render more effectual an Act, entitled, an Act to prevent vagrant and idle persons from being a charge and expense to any of the Counties, Cities, Towns, Manors, or precincts within the Province ; passed July 9, 1756— V. S. 361. TITLE OF ACTS. This act imposes penalties ou masters of vessels and householders entertaining certain persons — for bringing and not reporting foreigners and sLi-angers, &c. An Act to prevent the bringing in and spreading of infectious- distempers in this Colony ; passed March 24, 1758 — V. S. 368. The Act prohibits vessels having contagious distempers on boai'd coming nearen the city than Bedlow's Island, and imposes a penalty of two hundred pounds upon captains refusing to make a discovery of persons infected on board his or their vessel. An Act for removing the prisoners from the City Hall, of tiie city of New-York, to the new Jail, built by the Mayor, Aldermen, and Commonalty of the said city, and for appropriating certain parts thereof to the uses and purposes of a common Gaol for the city and county of New-York ; passed July 3, 1759—2 S. k L. 164. V. S. 375. An Act to regulate the practice of Physic and Surgery in the city of New-York ; passed June 10, 1760.^ — V. S. 382. The act recites that many ignorant and unskilful persons in physic a«d sur- gery, in order to gain a subsistence, do take upon themselves to administer physic and practise surgery, to the endangering the lives and limbs of their patients, — declares, that no person shall practise physic or surgery before being examined by one of his Majesty's Council, the judges of the Supreme Court, the King's At- torney-General, and the Mayor of the city of New- York, or by any tiirce or more of them, &c. An Act to prevent Frauds in the sale of damaged goods imported in this Colony ; passed Sept. 11, 1761— V. S. 393. An Act for the more effectual prevention of Fires, and for regu- lating Buildings in the City of New-York ; passed December 31, 1761— V.S. 400. 2 S. & L. 231. By this act, houses erected in New- York, after .January 1, 1766, to be made of stone or brick, and to be roofed with tile or slate. On application of the owner of a house, the sheriff to summon a jury to inspect the same, and on their finding the sufficiency or insufficiency of any building to bear a tile or slate roof, to sign an inquisition accordingly, which is declared shall be good evidence on any prosecu- tion for roofing a house contrary to the act. An Act for the punishment of persons in the City of New- York who shall, by false pretences, obtain any goods, wares, or merchan- dises, from any person with intent to clieat and defraud such person ; passed December 11, 1762 — 2 V. S. 424. An Act to revive an Act, entitled, an Act to prevent the bringing in and spreading Distempers in this Colonv, with addition thereto ; passed December, 1763— V. S. 432. An Act to regulate Pilots, and establish their Pilotage between Sandy Hook and the Port of New-York, and other purposes therein mentioned; passed December 13, 1763— V. S. 433. S TITLE OF ACTS. An Act to prevent Hunting witli Fire Arms in the City of New- York and the liberties thereof; passed December 20, 1763 — V. S. 441. An Act further to continue an Act, entitled, an Act to enable the Mayor, Deputy Mayor, Recorder, and Aldermen of the City of New- York, for the time being, or the major part of them, to raise a tax for mending and keeping in repair the public Wells and Pumps in the said City, to the south of fresh water ; passed October 20, 1764 — V. S. 452. An Act for the better regulating of the Public Roads in the City and County of New- York ; passed October 20, 1764— V. S. 458. An Act to prolong the time for Covering the Buildings in the City of New-York with Slate or Tile, from the first day of January, in the year of our Lord one thousand seven hundred and sixty-six, to the first day of January, in the year of our Lord one thousand seven hundred and sixty-eight ; passed December 23, 1765 — V. S. 465. An Act to prevent Frauds, by the adulteration of Potash and Pearlash ; passed December ]9, 1766— V. S. 486. Casks to be marked ^vith the owner's name and residence. An Act to enlarge the time for the Constables of the City of New- York, who shall be collectors of taxes, to pay in the taxes to be raised in the said City, and for the more effectual collection of the taxes already assessed ; passed January 13, 1768 — V. S. 499. An Act to ascertain the size of Casks in which white Bread shall be packed within the City of New-York, and to regulate the man- ner in which the same shall be sold ; passed February 6, 1768 — V. S. 513. This act was amended March 24, 1772. — Chap. 1547, p. 681. An Act to suspend an Act, entitled, an Act for the more effectual prevention of Fires, and for regulating the Buildings in the City of New-York, and to indemnify such persons as have incurred the penalties mentioned in said Act ; passed December 31, 1768 — V. S. 519. This act is amendatory of an act of 1761, chap. 1162, and authorizes the erec- tion of wooden buildings until January, 1774. An Act further to increase the number of Firemen in the City of New-York : passed December 31, 1768— V. S. 521. Forty-nine additional to be appointed. An Act to amend an Act, entitled, an Act to prevent the exporta- TITLE OF ACTS. 9 tlon of unmerchantable Flour, and the false Taring of Bread and Flour Casks ; passed May 20, 17G9— V. S. 537. This act is amendatory of tlie act of November 24, 1750, which was the first act in relation to the inspection of flour. Inspection to be at or after the sale; and two inspectors to be appointed, who are to share the profits equally. An Act for the more effectual collection of taxes in the City of New- York ; passed May 20, 1769— V. S. 538. By this act the collector may levy the amount of taxes upon the person in pos- session, or upon the owner living in any other ward, or the owner may be sued when living out of the city. An Act for the more effectual prevention of Fires in the City of New-York; passed December 30, 1769--V. S. 547. This act prohibits pitch, tar, turpentine, &c. to be put in certain parts of the city, and the firing of guns, squibs, rockets, &c. south of fresh water. An Act to establish the Rates to be taken for Wharfage of Ships and other Vessels ; and the Rates to betaken for Cranage within the City ; passed January 27, 1770 — V. S. 563. This act establishes the rates of wharfage and cranage, and authorizes the owners of wharves to appoint a wharfinger. An Act to amenii an Act, entitled, an Act for settling a Ministry, and raising a maintenance for them, in the City of New-York, County of Richmond, Westchester, and Queen's County ; and an Act, enti- tled, an Act to enable the inhabitants of the City of New-York to choose annually two Vestrymen for each respective ward within the said, so far as the same relates to the election of the Churchwardens and Vestrymen, of the City of New-York ; passed January 27, i770_V. S. 565. By this act the churchwardens and vestrymen are to be chosen the same day with the aldermen and other officers. An Act to revive an Act, entitled, an Act to enable the Mayor, Deputy Mayor, Recorder, and Aldermen of the City of New-York, for the time being, or the major part of them, to raise a tax for mending and keeping in repair the public Wells and Pumps in the said City, to the south of fresh water, and other purposes therein mentioned, with an addition thereto ; passed January 27, 1770 — V. S. 566. An Act to revive and continue an Act, entitled, an Act to ascer- tain the size of Casks, in which white Bread shall be packed within the City of New-York, and to regulate the manner in which the same shall be sold ; passed January 27, 1771 — V. S. 566. This act continues the act amended to January 1, 1775. An Act further to regulate the Inspection and Branding of Flour; passed February 16, 1771— V. S. 608. Flour manufactured out of the colony vs required by this act to be branded with 10 TITLE OF ACTS. the name of the colony where manufactured ; and the name of the manufacturer to be branded on the flour before inspection. The act to continue in force until January 1, 1775. All Act for the better regulation of the election of officers of the City of New- York, chosen by virtue of the Charter granted to the said City, and other purposes therein mentioned ; passed February 16, 1771— V,S. 620. This act was passed to remedy defects in the charter as to what freeholders were entitled to vote, and the rights of freemen of the city. It directs, that no person shall vote for aldermen, &c. in right of a freehold less than forty shillings, which he or they must have been one month in possession, unless by descent or devise. And no freeman to vote unless he has been admitted three months, and has resided in the ward one month. An Act to amend an Act, entitled, an Act to establish the Rates to be taken for Wharfage of Ships and other vessels, and the rates to be taken for Cranage, in the City of New-York ; passed February 16, 1771— V.S. 625. This act directs who are responsible for wharfage and cranage. An Act for the more effectual punishment of persons who shall be guilty of any of the trespasses therein mentioned in the Cities of New-York and Albany, and Township of Schenectady ; passed February 16, 1771— V. S. 626. This act imposes a penalty of ten pounds upon persons breaking glass win- dows, porch knockers, and authorizes the seizure of the offender, where he is not known, and to be held until his name is discovered. An Act for the inspection of Sole Leather, in the City of New- York ; passed January 22, 1772— V. S. 631. This act directs that no sole leather be disposed of until inspected, sealed, and weighed. The act to remain in force until 1777. An Act for the inspection of Flax, in the City of New- York ; passed March 24, 1772— V. S. 681. This act directs that no flax shall be sold unless inspected and marked. An Act for the better support of the Hospital to be erected in the City of New- York ; passed March 24, 1772— V. S. 685. This act directs eight hundred pounds annually to be paid to the hospital, for twenty years, out of the excise in New-York. An Act to settle and establish the line or lines of Division, be- tween the City of New-York and the Township of Harlaem, so far as concerns the right of soil in controversy ; passed March 24, 1772. An Act to regulate the sale of Brick in the City and County of New-York ; passed March 8, 1773 — V. S. 773. The size and quality of bricks to bo deemed merchantable bv this act is ilivca. TITLE OF ACTS. U All Act to prevent the sale of goods at night, by Vendue, Auction, or outcry, in the City of New-York ; passed March 8, 1773 — V. S. 774. An Act to empower the Mayor, Recorder, and Aldermen, of the City of New- York, or the major part of them, to order the raising a sum, not exceeding eighteen liundred pounds, for the uses therein mentioned ; passed February 8, 1774 — 3 V. 4. An Act to continue an act, entitled an act to prevent the danger arising from the pernicious practice of lodging Gunpowder in dwel- ling houses, stores or other places within the City of New- York, or on board vessels within the harbour; passed February 8, 1774 — 3 V. 5. An Act for the better fixing and ascertaining the Division line between Montgomere Ward and the Outward of the City of New- York, on the Easterly side of Montgomere Ward ; passed February 8, 1774— 3 V. 6. By this act the division line between the two wards is described. An Act for the better regulating the public Roads in the City and County of New-York ; passed March 9, 1774—3 V. 38. By this act the mayor, aldermen, and commonalty, are made commissioners of roads, and their powers detailed. Act to remain in force to March 1, 1777. An Act to lay a tax on Dogs in the City of New-York and Al- bany and Counties of Queens and Suffolk ; passed March 9, 1774 —3 V. 41. By this act, persons keeping dogrs, to pay one shilling for the first, two shil- lings for the second, and four shillings for every dog above two. CollectorB empowered to distrain for the tax on dogs. An Act to enable Lewis Morris and John Sickles to erect and build a Bridge across Harlaem River; passed March 10, 1774 — 3 V. 76. An Act for altering the time of assessing and collecting the taxes for the support of a minister, and the poor in the City of New- York ; passed January 31, 1775 — 3 V. 84. Tax under this act to be assessed 1st Tuesday of May. An Act to empower the Mayor, Recorder, and Aldermen of the City of New-York, 6r the major part of them, to order the raising a sum not exceeding two thousand pounds, for the uses therein men- tioned ; passed January 31, 1775 — 3 V. 85. By the fourth section, persons breaking or damaging lamps, incur a penalty of twenty pounds. An Act to amend an act, entitled an act for the more effectual 12 TITLE OF ACTS. preyention of Fires, and for the regulation of buildings in the City of New- York ; passed April 1, 1775—3 V. 102. The act amended, continued to January 1, 1776. The provisions of this act are minute and particular in relation to the erection of buildings, &c. An Act to regulate the Pilots and establish their pilotage, between Sandy Hook and the Port of New-York, and other purposes therein mentioned ; passed April 1, 1775 — 3 V. 104. Governor by this act empowered to appoint a master and wardens of the Port of New York, and to commissionate branch pilots. An Act to revive an act, entitled an act for the better and more effectual collection of Taxes in the City of New-York ; passed April 1, 1775— 3 V. 118. Continues the act amended to 1785. An Act to prevent the exportation of unmerchantable Flour, and the false taring of bread and flour Casks ; passed April 3, 1775 — 3V. 165. An Act to confirm the proceedings of the Commissioners, hereto- fore appointed by a law of this Colony, to settle the line or lines of division between the City of New-York and the Township of Harlaem, and for establishing the boundary between the City and Township ; passed April 3, 1775—3 V. 171. The lines of division are given. An Act for admitting in evidence an ancient record of the office of the Town Clerk, for the City and County of New-York, of an indenture of release from Jacobus Kip and Henrica his wife to Samuel Verplank and others, and the several endorsements thereon, for certain lands therein mentioned ; passed April 3, 1775 — -3 V. 174. An Act to revive and amend the two acts therein mentioned re- specting Pot and Pearl Ashes ; passed April 3, 1775 — 3 V. 182. An Act to revive an act, entitled, an act for the more effectual punishment of persons vi^ho shall be guilty of any of the trespasses therein mentioned, in the Cities of New-York and Albany and the Township of Schenectady ; passed April 1775 — 3 V. 195. An Act to ascertain the quality of Pot and Pearl Ashes ; passed April 23, 1784—1 Gr. 100. One or more inspectors to be appointed for New- York. Amended March 29, 1790—2 Gr. 313. An Act for the inspection of Sole Leather in the City of New- York ; passed April 28, 1784—1 Gr. 103. Common council to appoint two inspectors for New-York. TITLE OF ACTS. 13 An Act to prevent the bringing in and spreading of infections distempers in this State ; passed May 4, 1784 — 1 Gr. 117. Designates Bedlow's Island, as a place of quarantine, or such other place and for such time as the governor, in his absence, the mayor of New-York may direct, and allows the inspecting physician twenty-eight shillings for each vessel visited. Amended March 27, 1794—3 Gr. 144. An Act to prevent the exportation of unmerchantable Flour, and the false tareing of bread and flour Casks ; passed March 16, 178r. — 1 Gr. 160. One inspector for New- York, and he to appoint his own deputies. Supple- mentary act March 7, 1788—2 Gr. 130. An Act to restrain hawkers and pedlers ; passed April 4, 1785 — 1 Gr. 176. Incorporatedin the revision of Kent and R. vol. 1. p. 41. An Act to appoint the place of holding the Supreme Court of Judicature of this State, in future, and to prolong the terms thereof, and for other purposes therein mentioned ; passed April 7, 1785 — 1 Gr. 178. Terms in New-York, 3d Tuesday of January and April. Terms in Albany, last Tuesday of July and the third Tuesday in October each year. October and April were terms of three weeks, January and July terms of two weeks. The clerk's office to be held in New-York, and to appoint a deputy at Albany. Papers, kc. to be removed every six months to New-York. An Act authorizing the Auditor to audit certain accounts and claims, and for other purposes therein mentioned ; passed April 22, 1785—1 Gr. 183. Sec 14 requires auctioneers to make quarterly returns of sales and payments of duties, under oath, to the state treasurer. Sec. 15 revokes their licences for neglect or refusal. An Act to appoint the place of holding the Supreme Court of Judicature of this State in April term, 1786; passed March 21, 1786—1 Gr. 209. Appoints this one term to be held in New-York. An Act for relief against absconding and absent Debtors ; pass- ed April 4, 1786—1 Gr. 214. Notice to be pubhshed in two papers printed in the state, one of which to be printed in the city of New- York. Section 23, gives jurisdiction under this act in their own counties to the first judges of the inferior courts of common pleas and to the mayor and recorder of New- York ; amended March 13, 1787 — 1 Gr. 406. An Act to regulate the Militia ; passed April 4, 1786 — 1 Gr. 227. New-York to raise one regiment of artillery — Quakers to pay forty shillings as a commutation — to be collected by the ward collectors with other taxes. Militia of Richmond attached to New-York, &c. and repeals all other laws on the subject ; amended April If), 1787—1 Gr. 4^4. 14 TITLE OF ACTS. An Act for the more effectual prevention of Fires in the City of New-York ; passed April 22, 1786-— 1 Gr. 271. Regulates the storing of pitch, tor, turpentine, rosin, spirits of turpentine, linseed oil and shingles, and prohibits the firing of any gun, pistol, rocket, crackers, squibs, or other fire-work to the southward of fresh-water. An Act for the payment of certain sums of money, and for other purposes therein mentioned ; passed May 5, 1786 — I Gr. 279. Sec. 29 alters the name of " The Marine Society of the city of New-York, in the province of New-York, in America," to "The Marine Society of the city of New- York, in the state of New-York." An Act concerning Justices of the Peace ; passed January 30, 1787— Gr. 297. Relates to peace powers only — the last section gives to the mayors, recorders, and aldermen of New-York and Albany the same powers in their respective counties, as justices of the peace. An Act concerning the Courts of Common Pleas and General Sessions of the Peace; passed February 5, 1787 — 1 Gr. 306. General sessions in New-York to be held by the mayor, recorder, and alder- men, or any three of them, of whom the mayor or recorder, always to be one on the first Tuesdays of February, May, August, and November, each year, terms of one week. Terms of the mayor's courts in New- York and Albany, extended to three days — in New-York to be held by the same judges as the general sessions. Repeals all former laws for fixing the times and places of holding the said courts. An Act for regulating Elections ; passed February 13, 1787 — 1 Gr. 316. Relates to state elections only — to be holden on the last Tuesday in April of each year for five days, if necessary. The common council of New-York on the first Tuesday in Apiil to appoint three Inspectors for each ward — the mayor, 7-ecorder, and aldermen to canvass the votes for members of assembly on oath. Repeals all former laws relating to the election of members of assembly ; amended February 10, 1791. 2 Gr. 339. An Act to regulate the election of Charter Officers in the city of New-York, passed February 23, 1787—1 Gr. 374. The common council to appoint one inspector in each ward for the election in September under the charter — to order special elections to fill vacancies. Freeholders of property^ fronting on the east-side of Broadway, to vote in the west ward only. An Act for the better extinguishing of Fires in the City of New- York; passed March 19, 1787—1 Gr. 412. Common council to appoint not exceeding three hundred firemen being free- holders or freemen, &c., who, during their continuance in office, were to be ex- empt from serving as constable, and from militia and jur}' duty, subject to re- moval at anytime. To pass rules, orders, fines, &c. on them for their govern- ment, &c. 150 more firemen authorized, February 18, 1792. — 2 Gr. 382. An Act for the more effectual preservation of the public Wells TITLE OF ACTS. 15 and Pumps in the City of New-York; passed March 19, 1787 — 1 Gr. 414. Mayor, recorder, and aldermen or any five of them, of whom the mayor or recorder to be one, to appoint annually one or more overseers of pumps for each ward, tokeepthera in repair, &c. Penalties imposed for maliciously damaging pumps, &c. This act is incorporated in the revision of Kent and R. vol. 2. 89. An Act for the better regulating the public Roads in the City and County of New-York; passed March 21, 1787—1 Gr. 417. Common Council are appointed commissioners to regulate, lay-out, widen, al- ter and keep in repair public roads or highways in the city. In widening or al- tering such public roads or highways a jury to be summoned before the Mayor's Court to assess damages, &c. In passing on the roads in carriages, &c., those going out north to give way for those coming in south. This act is incorporated in the revision of Kent and R. vol. 2. 92. An Act for the more easy Assessment and Collection of Taxes in the City and County of New-York; passed March 21, 1787 — 1 Gr. 419. Mayor, recorder, and aldermen, or the major part of them, of whom the mayor or recorder to be one, are appointed supervisors. No minister of the gospel, physician, surgeon, clerk, or attorney, or any late member or clerk of the senate or assembly, or in any charter capacity, superior to collector or con- stable, to be compelled to serve as collector or constable. An Act for the more effectual punishment of persons who shall be guilty of the trespasses therein mentioned, in the Cities of New- York, Albany, and Hudson, and the township of Schenectady ; pas- sed March 24, 1787—1 Gr. 426. Imposes penalties of ^25, and authorizes any officer or watchman to arrest any person guilty of (or being present at, except by accident) the breaking, Sec, any glass-lamp, window, porch, knocker, or other fixture extended to special justices by the act of June 18, 1012 — 6 \V. p. 539. and repealed by the Re- pealing act of Dec. 10, 1828— 3 Rev. L. p. 129. This act is incorporated u the revision of Kent and R. vol. 2. p. 185. An Act for the more speedy Recovery of Debts to the value of Ten Pounds; passed April 17, 1787—1 Gr. 445. By the 20th section, as many assistant justices as the council of appoint- ment should think necessary, are to be appointed for the city and county of New-York, and to have jurisdiction under this act iu civil matters, and repeals certain other acts on the same subject therein mentioned ; amended February 21, 1791—2 Greenleaf, p. 345. so far as to declare that no alderman of New-York, by virtue of his office, should have jurisdiction to try causes to ten pounds under this act. An Act for regulating the Buildings, Streets, Wharfs, and Slips in the City of New- York ; passed April 16, 1787—1 Gr. 441. Connmon Council to appoint surveyors of ;ind make by-laws for regulat- ing buildings, streets, wharves, and slips — to prevent buildings encroaching on the streets— jury to assess damages — to direct the making common sewers, drains and vaults, paving, altering, mending, and cleaning the streets. Commissioners to make the assessments &c., &,c. 1(5 TITLE or ACTS. An Act concerning Apprentices and Servants; passed February 6, 1788—2 Gr. 26. Overseers of the poor of New-York, byand with the consent of the mayor, re- corder, and aldermen, or any two of ihem, to bind out poor children ; amended by the act of March 7, 1780—2 Gr. p. 133. An Act concerning Courts of Oyer and Terminer, and Gaol De- livery ; passed February 22, 1788—2 Gr. 81. The mayor, recorder, and aldermen of New-York, or any three or more of them, togeiher with a justice of the supreme court, to hold these courts for New- York. An Act for laying a duty of Excise on strong Liquors, and for the better regulating of Inns and Taverns; passed March 1, 1788 ~-2Gr. 116. Commissioner of excise to be appointed for New-York ; he to fix the price for each license at not less than ^5 nor more than $50 — his salary ^150 per an- num. To pay over the money received by him to the common council — ^2000 annually for four years to the Nevv-Yoik Hospital. Repeals all former laws on tliis subject. An Act to regulate the Exportation of Flax-seed and Lumber ; passed March 1, J 788— 2 Gr. 122. One inspector of lumber for New-York, and he to appoint his deputies. Lum- ber Law amended March 29, 1790—2 Gr. 313. An Act to regulate the Repacking of Beef and Pork for exporta- tion ; passed March 7, 1 788— 2 Gr. 124. Two or more repackers to be appointed for New-York, to provide themselves as many stores as may be necessary : one store to be at or near the Albany pier, and another at or near Burling-slip. Amended March 29, 1790 — 2 Gr. 313. An Act to regulate the Culling of Staves and Heading; passed March 7, 1788— 2 Gr. 128. By this act eight or more cullers to be appointed for New-York. Disputes to be settled by two other cullers chosen by the parties. An Act supplementary to the Act, entitled, an Act to prevent the exportation of unmerchantable Flour, and the false taring of Bread and Flour Casks ; passed March 7, 1788— 2 Gr. 130. Extends the act to rye and buckwheat flour, except as to superfine qualit}'. Standard weight of wheat, brought to New-York for sale, shall be 60 pounds neat to the bushel. See the act 1 Gr. 160. An Act for the better Settlement and Relief of tlie Poor; passed March 7, 1788— 2 Gr. 133. Masters of vessels, by the 32d section, to report to the mayor or recorder the names and occupations of all persons brought into port in their vessels, under penalty of fifty dollar? for every person not reported, and seventy-five dollars for every foreigner, &.c. Common council to appoint twelve or more freeholders and iMUalDitantB to be overseers of the poor, by tlie name of ^' The Commissioners of the Alms-hou3e and Bridewell of the city of New- York. " All moneys for the re- TITLE OF ACTS. 17 lief of the poor, to be paid to and expended by the common council. Repeals all former laws on the subject. An Act for dividing the State into Counties ; passed March 7, 1788— 2 Gr. 148. Sixteen counties ; giving the bounds of New-York and the other counties. An Act for dividing the Counties of this State into Towns ; passed March 7, 1788—2 Gr. 151. The 21st section, p. 173, authorizes the common council of New- York to make orders, rules, &c. for making, mending, Sic. the fences in the city ; and to appoint a keeper of the pounds his fees, &c. An Act to enable the Corporation of Trinity Church, in the City of New- York, to assume the name therein mentioned ; passed March 10,1788—2 Gr. 180. Recites that this corporation was authorized to sue, kc. by an act of the then colony of New-York, passed June 27, 1704, by the name of "• The Rector and Inhabitants of the City of New- York, in communion of the Cimrch of England, as by law established," and alters the name of the corporation to " The Rector and Inhabitants of the City of New-York, in communion of the Protestant EpisQopal Church in the State of New-York." See previous law, making alterations in the charter of this corporation, 17th April, 1784 — 1 Greenleaf, 95. In connection with this subject, vide session 10, chapter 34 — session 13, chapter 48 — session 21, chapter 49. An Act for the more effectual Collection of Taxes in the City and County of New-York ; passed March II, 1788— 2 Gr. 181. City treasurer to publish, in one or more newspapers, on the first Monday in November, yearly, an account of all moneys received and paid for the city and the purposes thereof. An Act to prevent the storing of Gunpowder within certain parts of the City of New- York; passed Marcli 15, 1788—2 Gr. 191. By this act no person is permitted to keep more than 28 pounds of gunpowder in any one place, within one mile of the city-hall, and that divided into four par- cels. This act is incorporated in the revision of 2 Kent & Rad. 95. An Act for the Punishment of Disorderly Persons in the City of New-York ; passed February 6, 1789 — 2 Gr. 228. Authorizes the mayor, recorder, and alJermen, or any two of them, in all cases where corporal punishment may be inflicted, except under the law of February 9, 1788, (same vol. p. 52,) to substitute confinement at hard labour for six months ; and to punish in the same manner all disorderly persons, who had been removed from the city, and all vagrants. Tliis act is incorporated in the revision of 2 Kent & Rad. 98. An Act to remove doubts respecting the Charter granted to the Members of the New-York Society Library ; passed February 18, 1789— 2 Gr. 260. Recites that the charter was granted on the 9th November, 1772. This act is incorporated in the revision of 2 Kent &l Rad. 256. 3 18 TITLE OF ACTS An Act to regulate the Rates of Ferriage between the City of New-York and the Island of Nassau ; passed February 18, 1789 — 2 Gr. 273. This act repeals the 1st, 2d, and 7th sections of^the act of October 14, 1732. An Act for securing aiid improving certain Lands in the City of New-York, for public uses, and for other purposes therein mention- ed; passed March 16, 1790— 2 Gr. 307. Relates to Fort George, the Battery, and lands adjacent thereto. An Act to incorporate the Stockholders of the New-York Manu- facturing Society ; passed March 16, 1790— 2 Gr. 309. Incorporated in the revision of 2 Kent & Rad. 522. An Act to amend the several Inspection Laws therein mentioned ; passed March 29, 1790—2 Gr. 313. Amendatory of the beef and pork law of 7th March, 1788 — 1 Gr. 124 ; lumber law of 1st March, 1788—1 Gr. 122 ; pot and pearl ashes of 23d April, 1784—1 Gr. 100. An Act for Apportioning the Representation in the Legislature, according to the rule prescribed in the Constitution, and for divid- ing the County of Albany ; passed February 7, 1791 — 2 Gr. 337. The state divided into four great or senatorial districts. The southern district to consist of New-York, Suffolk, Queens, King^s, Richmond, and Westchester. New-York to send seven members to the assembly. An Act for the preservation of Heath Hens and other game ; pas- sed February 15, 1791—2 Gr. 341. This act repeals former laws upon this subject. An Act to explain and amend an Act, entitled, an Act for the more speedy recovery of Debts to the value of ten pounds ; passed February 21, 1791—2 Gr. 345. See above the title of the act referred to of April 17, 1787—1 Gr. 4i5, and the note thereto. The aldermen of the city of New-York were inhibited by this act from hearing- and determining causes under the ten-pound act. An Act for altering the Wards in the City of New-York ; passed February 28, 1791—2 Gr. 349. Divides the city into seven wards, and gives the bounds of each. It is incor- porated in the revision of 2 K. & R. 98. An Act to prevent obstructions to Docks and Wharves in the City of New-York ; passed March 10, 1791—2 Gr. 354. An Act to restrain the immoderate use of Spirituous Liquors in the Gaols of the Cities and Counties of New-York and Albanv ; passed March 21, 1791— 2 Gr. 365. By this act no spirituous liquor is permitted, on any pretence whatever, to be taken in the gaol of the city and county of New-York, except upon the written TITLE OF ACTS. 19 permission of the physician ; and a penalty is inflicted upon the gaoler of one hun- dred pounds who shall knowingly sulfer or permit any liquor to he sold or«sed in the gaol contrary to the act. An Act to enable the Regents of the University to establish a Col- lege of Physicians and Surgeons within the State ; passed March 24, 1791— 2 Gr. 371. This act is incorporated in the revision of 2 K. & R. 245. An Act for the more effectual prevention of Fires, and to regulate certain Buildings in the City of New-York ; passed March 24, 1791—2 Gr. 372. Establishes fire-limits, and prohibits the erection of wooden tenements of more than two stories to the south and west of a line beginning at the outlet of Lispe- nard's meadow, thence to the dwelling-house of Nicholas Bayard, and thence to the dwelling-house of Richard Piatt, thence to Abraham Cannon's house on the East river. This law m?d3 to take effect on the 1st January, 1792 , by the act of 26th January, 1792, (same vol. p. 378,) amended 31st ilarch, 1795 — 3 Gr. 202. The act is repealed by the act of April 8, 1 796— p. 332. An Act to increase the number of Firemen within the City of New- York ; passed February 18, 17G2— 2 Gr. 382. One hundred and fifty more firemen (o be appointed in addition to the 300 au- thorized by the act of 19th March, 17(J7— 1 Gr. 412. An Act to enable the Mayor, Recorder, and Aldermen of the Citv of New-York, to order the raising moneys by tax ; passed February 18, 1792—2 Gr. 383. Forty thousand dollars authorized, of which 0,000 dollars was for the Battery, and improvements in front of the gaol, &:c. An Act for granting an allowance to the Commissioner of Excise, for the City of New-York, for his services ; passed March 12, 1792 —2 Gr. 399. Allows him to retain 200 dollars per annum. An Act to incorporate the Society of Mechanics and Tradesmen of the City of New-York, for charitable purposes : passed March 14 1792— 2 Gr. 414. By the name of " The General Society of Mechanics and Tradesmen of the City of New-York.' Incorporated in the revision of 2 K. & R. 524. An Act to regulate the practice of Physic and Surgery within the City and County of New- York ; passed March 27, 1792—2 Gr. 425. By this act no person to be admitted to practise physic in the citv and county ot JNew-York, until he has passed an examination, and been admitted by the o-o- vernor, chancellor, judges of the supreme court, attorney general, the mayor and recorder of the said City, cr any two of them, taking to their assistance any three respectable practitioners of physic and surgery, with whom theperson to be exa- mined has not lived to acquire medical information. An Act authorizing the Mayor, Aldermen, and Commonalty of / 20 TITLE OF ACTS. the City of New-York, to fill in and raise the tract of land in the said City, called the Meadows, and for continuing Roosevelt and Frankfort-streets ; passed April 6, 1792—2 Gr. 447. " The meadows" are described as bounded, nprth by Chatham-street, south by Cherry-street, west by Queeu-street, and east byiCatharine-street. An Act for the better support of the Hospital in the City of New- York; passed April 11, 1792—2 Gr. 479. Annuity from the state of ^5000 for five years, repealed March 31, 1795 — 3 Gr. p. 203, and an anuuity of g 10,000 substituted for five years, from Feb- ruary 1, 1795, both annuities are chargeable upon duties arising from auction sales in this city. The annual Tax Law for the City; passed December 7, 1792 — 3Gr. 1. g40,000 altogether, of which ^2500 were for improvements the same as in the last law. Apportionment Law of Representatives in Congress; passed De- cember 18, 1792—3 Gr. 4. The state divided into ten district^ and New-York to be a district by itself, and entitled to one representative. An Act to enable the Corporation of the first Presbyterian Church in the City of New-York to hold real and personal Estate, of the yearly value therein mentioned; passed March 6, 1793 — 3 Gr. 51. Yearly value not to exceed jj6000. An Act for improving John-street, in the third Ward of the City of New-York, and for vesting the right of the People of this State, to the lands left for streets, in the City of New-York, in the Corporation of the said City; passed March 7, 1793 — 3 Gr. 52. The annual Tax Law for the City; passed February 6, 1794 — , 3 Gr. 105. ^50,000 altogether, of which g2500 were for improvements the same as in the two last laws. An Act to amend the act, entitled, " An Act for the regulation of Pilots and Pilotage, for the Port of New-York, and for other pur- poses therein mentioned;" passed Februarys, 1794 — 3 Gr. 106. Increases the rates of pilotage as allowed April 14, 1784 — 1 Gr. p. 86. Re- pealed by the act of April 12, 1796— p. 343. An Act to amend the act, entitled, " An Act to prevent the bring- ing in and spreading of Infectious Distempers in this State ;" passed March 27, 1794—2 Gr. 144. See the act referred to of May 4, 1734, in the 1st ofGreenleaf, p. 117. This law authorizes the governor to appropriate Governor's Island for the purpose of erecting buildings thereon for the objects of the health law, It is repealed by the act of March 30, 1798— p. 403. TITLE OF ACTS. 21 An Act concerning Jurors for the trial of Issues in the City of New-York ; passed February 4, 1795—3 Gr. 160. Authorizes the common council annually to make a panel of jurors. An Act to enable the Minister, Elder, and Deacons of the Re- formed Protestant Dutch Church of the City of New-York, to hold and enjoy an Estate of the yearly value therein mentioned ; passed February 24, 1795—3 Gr. 167. By this act the minister, elders, and deacons of the reformed protestant church are authorized to hold lands, tenements, goods, and chattels to the amount of three thousand six hundred pounds yearly income, and are required to exhibit annually upon oath to the chancellor or justices of the supreme court an account or inven- tory of such real and personal estate. The annual Tax Law of the City; passed March 5, 1795 — 3 Gr. 177. • g50,000 altogether. An Act for the Relief of the Protestant Episcopal Church in the State of New-York; passed March 17, 1795 — 3 Gr. 1S8. Kecites that an incorporation of their churches under the act of April 6 1784 —1 Greenleaf, p. 71 subjects them to a variety of difficulties as regards their mode of government, &c. This act directs the mode of electing church officers and declares the church- tvardens, vestry-men, and rector of the church shall be a body corporate. An Act to enable John B. Coles, to raise a Dam across Haerlem River, and to amend an act, entitled, " An Act for building a Bridge across Haerlem River; passed March 24, 1795 — 3 Gr. 197. The act amended was passed March 31, 1790, and may be found in 2 Kent and R. p. 489. It is not published in Greenleaf. In connexion with this subiect see also 2 Kent and R. p. 491 and 492. An Act to amend the Acts for the prevention of Fires, and to reg- ulate certain buildings in the City of New- York : passed Alarrh 31, 1795—3 Gr. 202. ^ Regulates the storing of sulphur, hemp, and flax, and enacts that any building- erected after the first of May 1795 to the south and west of the line mentioned in the act of March 24, 1791-2 Gr. p. 372. of more than 28 feet in heiffht from the level of the street to the foot of the rafters, shall be considered a three* story buildmg withm the meaning of the act, and imposes double taxes as a fur- ther penalty for a breach of the law. An Act for the better support of the public Hospital in the City of New- York; passed March 31, 1795 — 3 Gr. 203. Grants an annuity of glO,000 for five years from the first of Februarv 1795 chargeable as m the act of April 11, 1792—2 Gr. 479, which this statute re' peals. An Act to amend the Act establishing the rates of Wharfage in the City of New-York ; passed April 6, 1795—3 Gr. 212. Increases the rate of wharfage, and repeals the first section of the act of April 22 TITLE OF ACTS. 17, 178 4 — I Gr. p. 92. Tiie wharfage of coasting vessels not over six loQs to be fixed by the port wardens, and repeals the first section of the act of April 17, 1784— p. 92. An Act for the Encouragement of Artillery-men in the City of New-York ; passed April 6, 1795—3 GTr. 216. Non-commissioned officers and privates during serrice exempted from jury duty, from taxes on ^500, and militia duty after nine years service. An Act to enable the Mayor, Aldermen, and Commonalty of the City of New- York, to raise, by Lottery, a sum not exceeding Ten Thousand Pounds for the purpose therein mentioned ; passed April 6, 1795— 3 Gr. 216. ^25,000 to be raised by the lottery to build a new poor or almshouse. An Act to incorporate the Contributors of the New- York Dispen- sary; passed April 8, 1795— -3 Gr. 226. , An Act for continuing and extending Banker-street, in the Fifth Ward of the City of New- York, into Pearl-street, and for widening Beaver-lane in the First Ward of the said City ; passed April 9, 1795—3 Gr. 244. An Act for the more speedy recovery of Debts to the value of Ten Pounds ; passed April 9, 1795—3 Gr. 246. By this act trespass and penalties under ten pounds are made cognizable, and the twenty-second section of the act for the more speedy recovery of debts to the value of ten pounds, extended, authorizing constables to execute any sum- mons or precept in any part of their respective counties. An Act for the Encouragement of Schools ; passed April 9, 1795 —3 Gr. 248. This act appropriates 20,000 pounds for maintaining schools in the several cities and towns in this stale, for completing an English education, and New- York is to •receive as her portion of this sum one thousand eight hundred and eighty-eight pounds ; and a sum equal to one half of this appropriation is directed to be raised by a tax in the said city and county. It is amended by an act passed April 6, 1796, session 19, chap. 49, and further amended by an act passed March 10, 1797, ses- sion 20 chap. 34, which last act is repealed, session 24 chap. 180. §3. These acts are marked obsolete in 2 Kent and R. 251. An Act making provision for the more due and convenient con- ducting public Prosecutions of the Courts of Oyer and Terminer, and Gaol Delivery and General Sessions of the Peace ; passed February 12, 1796—3 Gr. 265. By this act the state is divided into districts, and assistant attorneys general to be appointed for each of ihem, except the city of New-York. It is made the duty of the attorney general to attend the court of general sessions of the peace in the city and county of New- York, and he is prohibited from acting in any private suit. An Act apportioning the representation in the Legislature, ac- TJTLE OF ACTS. 23 cording to the rule prescribed by the Constitution ; passed March 4, 1796—3 Gr. 274. By this act the state is divided into four districts, and the southern district to comprehend the city and county of New-York, the counties of Suffolk, Queens, Kings, Richmond, and Westchester, and are to choose nine senators; and the city and county of New-York to choose six members of assembly. Annual Tax Law; passed March 16, 1796. This act authorizes the raising of 20,000 pounds to support the poor, and to re- pair the jail and bridewell, and the further sum of 10,000 pounds to pay watch- men, providing oil, &c. An Act making alterations in the Criminal Laws of the State, and for erecting State Prisons; passed March 16, 1796 — 3 Gr. 291. By this act the punishment of whipping for any offence under the degree of grand larceny is abolished, and persons convicted of certain offences in the city of New-York may be committed to the bridewell. This act also authorizes the erection of two state prisons, one in the city and county of New-York, and the other in the county of Albany, and makes provision for their erection and the keeping of convicts in them. An Act to prevent the bringing in and spreading of Infectious Diseases in the state; passed April 1, 1796 — 3 Gr. 305. By this act a physician and seven commisioners of the health office, are directed to be appointed in the city of New- York, and provision is made for the erection of a lazaretto upon Nultcn or some other island, and the health olHcer is made physician to the lazaretto. This act I'epeals the act of May 4, 1784, except the se- cond section, and the act to amend the said act, passed March 27, 1794; and this act is repealed by the act of March 30, 1798— p. 399. An Act more eflectually to regulate the Port of New-York ; pas- sed April 1, 1796—3 Gr. 317. This act directs (he appointment of a harbour master, and details his duties ; may appoint deputies, &c. An Act allowing compensation to Struck Jurors, and to amend the act, entitled, " An Act concerning Jurors for the trial of Issues in the City of New-York; passed April 1, 1796—3 Gr. 325. By this act struck jurors are allowed six siiillings per diem; and the clerk of the supreme court is directed by the act, to deliver to the clerk of the city and county of New-York a list of the jurors who have appeared or made default. An Act for the more effectual prevention of Fires, and to regulate Buildings in the City of New-York, and to repeal and explain cer- tain acts therein mentioned ; passed April 8, 1796 — 3 Gr. 332. , This act directs that rfll houses hereafter to be built in the city of New-York, south and west of a certain line, which shall be more than 25 feet from the sur- face of the street to the foot of the rafter, shall be made of stone or brick, to have parry walls twelve inches above the roof, and to he covered with slate ; and inflicts a penalty for a violation of '2h pounds. This act repeals the act of March •24, 1791 and the act of January 26, I79!. An Act for the Settlement of the Poor ; passed April 8, 1801 — 1 Kent andR. 566. TITLE OF ACTS. 37 The eigliteenlh section declares that upon appeals under, tliis act, the justices in the city of New-York shall upon request, state the case specially and at larg-ethat the aggrieved party may have a remedy thereon in the supreme court, and by the ihirty-fifth section, the common council may compound for penalties under the act. Amended by the act of March 24, 1809. 5 W. p. 471. An Act for the Assessment and Collection of Taxes ; passed April 8, 1801 — 24 Session, 1 Kent and R. 547. The mayor, recorder, and aldermen to act as supervisors of tVie city and county of New-York, and the chamberlain as treasurer. The first section repealed by the act of March 28, 1805, 4 W. p. 71, relative to the valuation of property in the citv of New-York. An Act for the more effectual collection of Taxes in the City and County of New-York ; passed April 8, 1601—2 K. & R. 144. An Act to direct certain Monies to be applied to the use of Free Schools, in the City of New-York ; passed April 8, 1801—2 K. h R. 253. This act directs the appropriation of certain monies to the vestry trustees, &c. of congregations therein mentioned, pursuant to an act, entitled an act for the encouragement of schools, passed the 9th of April, 1795; and the net, entitled an act to raise a sum of money for the use of this state by tax, and for the further support of government, passed the 3d day of April, 1799. An Act for the relief of the Collectors of taxes, in the City and County of New-York ; passed February 8, 1802—3 W. 172. An Act concerning the Court of Chancery ; passed February 23, 1802—3 W. 27. Provisions for holding the court in New- York, and the register's oflSce, in the said city. The proviso contained in the first section of the act, repealed by the act"'of April 4, 1801—3 W. p. 455. An Act relative to the Circuit Court and Sittings in the Cit}^ and County of New-York ; passed March 8, 1802 — 3 W. 29. This act to be in force until May 1, 1804, and no longer. Continued in force until January 1, 1808, by act of April, 1804—3 Webster, p. 457. Revived in- definitely February 12, 1808—5 W. p. 251. An Act to enable the Trustees of the New- York Society Library, to increase the yearly sums payable on the shares of said Library ; passed March 8, 1802—3 W. 42. An Act to alter the name and style of two Religious Societies, known by the name and style of the Second Baptist Church, in the City of New-York; passed March 8, 1802—3 W. 43. An Act to incorporate the Stockholders of the Marine Insunance Company of New-York ; passed March IG, 1 802 — 3 W. 147. 38 TITLE OF ACTS Amendatory act, scares reduced to fi»ty dollars, &.c. March 14, 1806 — 4 Web- Bier, p. 377. An Act to amend an act, entitled an act relative to the Harbour Master, and Master and Wardens and IJilots of the Port of New- York, passed April 3, 1801 ; passed March 19, 1802—3 W. 25. Repealed April 4, 1805 — 4 Webster, p. 181, section 22. The substance of this act is incorporated in the revision of 1813— vol. 2, p. 461. An Act to incorporate the Washington Mutuallnsurance Company of the City of New- York; passed March 30, 1802—3 W, 152. An Act to amend an act for regulating the elections of represen- tatives of this State, in the house of representatives of the Congress of the United States; passed March 30, 1S02— 3 W. 32. By the first section, the county of Kings, the county of Richmond, together with the first second, third and fifth wards, of the city of New- York, shall compose the second district. Repealed by the act of March 30, 1804 — 3 W. p. 468. An Act relative to the State Prison Guard, and for other purpo- ses ; passed March 30, 1802 — 3 W. 37. Empowering the mayor of New-York to inspect the guard, and report to the governor, &.c. All persons belonging to the state prison guard, by this statute, were exempt from all arrest on civil process — the statute is obsolete. An Act for erecting in the City of New- York, a Prison, for sohtary confinement ; passed March 30, 1802 — 3 W. 39. An Act supplementary to the act, entitled an act relative to the Court of Probates, the office of Surrogate, and the granting of administrations; passed March 31, 1802 — 3 W. 31. An Act apportioning the representation in the Legislature accord- ing to the rules prescribed by the Constitution ; passed March 31, 1802—3 W. 33. Under this act the city and county of New- York is entitled to nine represen- tatives. An Act to incorporate the society for the relief of poor Widows, with small Children ; passed April 2, 1802—3 W. 156. To continue in force until the 1st of March, 1810. See the act of re-incor- poration, passed April 5, 1810— Laws of 1810, p. 165. An Act to amend an act, entitled, an act for the encouragement of literature ; passed April 3, 1802—3 W. 165. An Act to enable the Mayor, Recorder and Aldermen, of the City of New-York, to order the raising of monies by tax, for the TITLE OF ACTS. 39 maintenance of the poor, and for the defraying the expenses arising in the City and County of New-York, and for other purposes ; passed April 3, 1802— 3 W. 173. Seventy-five thousand dollars. An Act to amend an act for the repacking and inspection of Beef and Pork ; passed April 5, 1S02— 3 W. 49. Repealed by the act of April 6, 1803—3 W. p. 343. An Act for the payment of certain officers of government, and for other purposes ; passed April 5, 1602 — 3 W. 181. The last section relates to the recorder's fees of the city of New-York, &c. making the first motion fee payable at the time of issuing the first writ, but this section was limited to expire on the first day of May, 1C04. The last section relating to the filing and recordmg of transcripts of elections in the office of the secretary of state, is repealed March 29, 1813 — ;2 Revised Laws of 1813, p. 259, see. 29. An Act to amend the act, entitled, " an act concerning the Inspection of Pot and Pearl Ashes; passed April 7, 1802 — 3W. 48. Passed March 3, 1802. An Act establishing an allowance to the Commissioner of Excise in the City and County of New-York, and for other purposes there- in mentioned; passed February 22, 1803 — 3W. 224. Allowed to retain five hundred dollars, as a yearly salary. An Act to increase the number of Wards in the City of New- York, and to equalize the same : passed March 8, 1803 — 3 W. 225. This act increases the number of wards to nine, and gives the boundaries of each. An Act to enable the Mayor, Recorder and Aldermen, of the City of New-York, to order the raising of monies by tax, for the purpose therein mentioned; passed March 10, 1803--3 W. 227. Seventy-five thousand dollars. An Act to increase the number of Auctioneers in the City of New- York ; passed March 31, 1803— 3 W. 228. Six in addition. An Act to invest the Mayor, Aldermen, and Commonalty of the City of New-York, with adequate powers in relation to certain objects of importance to the police and health of the said City ; passed April 2, 1803 — 3W. 229. To continue in force for three years and no longer, section 20, and authorizes fines to one hundred dollars to be imposed. This act continued without limita- 40 TITLE OF ACTS. tion of time, April 2, 1806 — 4 Webster, p. 516, eection 6, except only those particulars in which this act, (of Aprils, 1806, here referred to,) or any act passed at that session, (1806) may vary the provisions thereof. An Act to regulate the curing, packing and inspection of Beef and Pork, to be exported from the State of New- York ; passed Aprils, 1803— 3 W. 342. Second section provides for the appointment of an inspector in New-York. This act repeals all former laws upon the subject, section 17. Repealed by act of April 9, 1804—3 W. p. 630. Repealed again March 27, 1807—3 W. p. 83. An Act supplementary to an act, entitled, an act to provide against infectious and pestilential Diseases; passed February 28, 1804 — 3 W. 469. An Act regulating the election of Representatives for this State, in the house of Representatives of the Congress of the United States; passed March 20, 1804— 3 W. 468. By the first section, the county of Kings, the county of Richmond, and the city and county of New- York, shall compose the second and third districts, and shall elect two representatives. Repeals the former act of March 30, 1802. An Act for establishing Courts of Justices of the peace in and for the City of New-York ; passed March 24, 1804—3 W. 437. Justices (now Marine) court. Amended April 4, 1806 — 4 W. 520. The law and the amendatory act repealed and the courts re-organizcd, April 6, 1807 — 5 W. 153, section 62. An Act to continue the act, entitled, an act relative to the Circuit Courts and Sittings, in the City and County of New-York, and for other purposes; passed April 4, 1804 — 3W. 457. The act of March 16, 1803, in relation to returning able and sufficient jurors, not to extend to any court to be i^eld in the city and county of New-York. An Act to regulate the Duties and Fees of certain Officers in the Chancery, and for other purposes ; passed April 4, 1804 — 3 W. 458. An Act relative to the election of Charter Officers in the City of New-York; passed April 5, 1804— 3 W. 426. Amended March 18, 1818—5 W. 275. Third section of v.'hich extends the time of holding the polls to three days. An Act to enable the Corporation of the City of New-York to raise moneys by tax; passed April 6, 1804 — 3W. 432. Seventy-five thousand dollars. An Act to amend an act, entitled, an act to regulate Sales by public Auction, and to prevent Stock Jobbing : passed April 6, 1604 —3 W. 474. TITLE OF ACT??. 4 [ The act amended may be found in Kent and Rad. vol. 1, p. 40o. Amended by the act of March 28,1 806^ 4 W. 419 — and continued in force until March 1, 1808. An Act to incorporate the German Society in the City of New- York, for charitable purposes ; passed April 6, 1804 — 3 W. 606. An Act for the Repacking and Inspection of Beef and Pork ; passed April 9, 1804—3 W.630. This act, by the twenty-sixth section, repeals all former laws upon the same subject. Repealed so far as it relates to the appointment and duties of tappers, &c. by the act of March 28, 180.5— 3 W. 66. The eleventh and twelfth sections repealed by the act of March ID, 1808—5 W. 287. • An Act for the relief of the poor in the City of New-York ; passed January 30, 1805—4 W. 4. The corporation of the city are authorized by this act, to take down the wooden bastions at the Battery, for fuel for the poor. An Act to incorporate the Provident Society, the Mutual Benefit Society, the Benevolent Society, the Albion Benefit Society, of the City of New-York, and the Social Society of the City of Schenec- tady ; passed February 16, 1805 — 4 W. 7. Act of incorporation to remain in force fifteen years. Name of " The "Albion Benefit Society," altered to '* The Albion Benevolent Society of the city of New-York ;' March 7, 1806—4 W. 353. An Act to amend an act, entitled, an act to incorporate the Stock- holders of the United Insurance Company, in the City of New- York ; passed February 16, 1805 4 W. 11. By this act the corporation is extended to the 1st of May, 1815. An Act to amend an act, entitled, an act for skiving Relief in cases of Insolvency, and for other purposes ; passed February 25, 1805 — 4W. 19. In relation to the publication of notices in the American Citizen and the laws of the state. Tlie first section of this act repealed by the act of April 3, 1811 —6 W. 200. An Act for the relief of Hannah Shipley; passed March 2, 1805 — 4W. 22. An Act to continue the provision of the public Hospital in thf City of New-York ; passed March 2, 1805—4 W. 22. Repealed by the act of March 14, 1806—4 W. 386. An Act to enable the Trustees of the German Lutheran Church in the City of New-York to sell the lot of land therein mentioned ; passed March 9, 1 805 — 4 W. 40. An Act relative to the Public Health in the City of New-York ; passed March 9, 1805—4 W. 43. 6 42 TITLE OF ACTS. The last section amended by the act of March 21, 1806—4 W. 410 ; and the powers of commissioners of health transferred to the common council of New- York. Further amended by supplementary act of March 21, 1806 — lb. 411. An Act to repeal so much of the Act, entitled, an Act for the Re- packing and Inspection of Beef and Pork, as relates to the office of Tappers and Examiners; passed March 28, 1805-— 4 W. 66. The act of April, 1804, so far as it relates to tappers and examiners of beef and pork, is repealed by this act. An Act to enable the Corporation of New-York to raise moneys by tax ; passed March 28, 1805—4 W. 71. Annual tax law. An Act for the Relief John Berry; passed March 29, 1805 — 4 W. 145. Relative to a title to a lot of ground in Nassau-street, New-York. An Act for the Inspection of Lumber ; passed March 30, 1805— 4W. 107. Providing- for the appointment of inspectors and superintendant in the city of New-York ; and to continue in force two years. An Act to incorporate, the Stockholders of the Commercial Insu- rance Company of New-York ; passed April 4, J 805 — 4W. 147. An Act relative to the Master and Wardens and Pilots of the Port of New-York ; passed April 4, 1805— 4 W. 176. This act repeals all former acts and laws relative lo masters and wardens, and the regulation of branch and dcputj' pilots. The 15th section amended by the act of March 21, 1806, (4W.3<)fi,) and the rates of pilota^^e, in certain cases, fixed. The first section of the act repealed by the act of February 12, 1808 — 3 W. 254. An Act to incorporate the Society instituted in the City of New- York for the establishment of a Free School, for the Education of poor Children who do not belonc^ lo, or are not provided for b}^, any Religious Society ; passed April 9, 1805 — 4 W. 265. Amendatory act of April 2, 1806, '^4 W. 515,) authorizing the trustees fo hold their monthly meetings on any day of the week they may deem convenient, instead of the second Monday of the month, as by this act required. An Act to incorporate the Society of Tammany, or Columbian Order, in the City of New- York ; passed April 9, 1805—4 W. 278. An Act for the Payment of certain Officers of Government, and for other purposes ; passed April 10, 1805 — 4 W. 306. The 31st section confirms the appointment of inspectors of election made on the 3d of April, 1 805, instead of the 1 st of April, 1 805. An Act to incorporate the Trustees of the Marine Hospital, called the Sailor's Snug Harbour, in the City of New-York ; passed Feb- ruary 6 , 1 806—4 W. 323. TITLE OF ACTS. , 43 An Act concerning the Mayor's Court and Court of General Ses- sions of the Peace in the City of New- York ; passed February 7, 1806— 4 W. 329. In case of the prevalence of any pestilence, the mayor or recorder may direct to holding the said courts at other places than the City-hall. An Act to enable the Corporation of the City of New- York to raise moneys by tax; passed February 17, 1806 — 4W. 332. One hundred and tvrenty thousand dollars. An Act to alter the name of the Albion Benefit Society in the City of New-York; passed March 7, 1806— 4 W. 353. An Act to repeal an Act, entitled, an Act appointing Trustees of the Estate of Peter R. Kissam, late of the City of New- York, de- ceased ; passed March 14, 1806— 4 W. 363. An Act to amend an Act, entitled, an Act to incorporate the Stockholders of the Marine Insurance Company of New-York ; passed March 14, 1806— 4 W. 377. Act of incorporation passed March 16, 1802 — 3 W. 147. An Act to incorporate the Trustees of the First Protestant Epis- copal Charity School in the City of New-York ; passed March 14, 1806— 4 W. 378. Amended April 4, 1807—5 W. 142. An Act for the better and more permanent Support of the Hos- pital in the City of New-York ; passed March 14, 1806— 4 W. 386. This act repeals the act of March 2, 1805, continuing the provision to the hos- pital, and makes an annual appropriation, until 1857, from the state treasury, for tlie use of this hospital, of 12,500 dollars, charg-eableupon the duties arising from auction sales in this city. An Act to incorporate." The Associated Body of House Carpen- ters of the City of New-York ;" passed March 14, 1806 — 4 W. 387. The act to remain in force until the 1st of April, 1816. An Act respecting the Free School of St. Peter's Church in the City of New-York; passed March 21, 1806— 4 W. 393. An Act to explain an Act, entitled, an Act relative to the Master and Wardens and Pilots of the Port of New-York ; passed March 21, 1806— 4 W. 396. See the act referred to of 4th April, 1C05— 4 W. 176. An Act explanatory of the last section of an Act, entitled, an Act relative to the Public Health of the City of New- York ; passed March 21, 1806— 4 W. 410. See the act referred to of 9th March 1805—4 W. 43. 44 TITLE OF ACTS. An Act supplementary to the Acts respecting the Public Health ; passed March 21, .1806— 4 W. 41 1. By this act vessels from the Mississippi and West Indies, arriving at the port of New-York between the first June and first of October, to remain at quarantine four days, or a longer time, as the health-officer shall prescribe. An Act fixing the place from whence to compute the Sheriff's Mileae:e Fees for the County of Delaware, and for other purposes ; passed March 28, 1806—4 W. 419. This act establishes certain fees for the clerk of the police of the city of New- York, which are incorporated in the revision of 1813. An Act authorizing the Gaoler of the Gaol of the City and Coun- ty of New- York to receive certain Fees ; passed April 2, ] 806 — 4 W. 441. This act is incorporated in the revision of 1815, 1 v. p. 4S3. and the fees in- creased. An Act to amend an act, entitled, " An Act to incorporate the Society instituted in the City of New-York, for the establishment of a Free School for the education of such poor children as do not be- long to, or are not provided for, by any religious society ; " passed April 2, 1806— 4 W. 513. See the act referred to of April 9, 1805, 4 W. p. 265. An Act for the better Government of the City of New-York, and to grant additional Powers and Rights to the Mayor, Aldermen, and Commonalty thereof, and to explain, continue, and amend the respective acts therein mentioned; passed April 2, 1806 — 4 W. 514. Authorizes penalties of ^'250, and their ordinances to continue for three years, unless repealed, enacted for a shorter time, or repealed by the Icj^islature. These provisions are re-enacted in the revised act of 181S, and by the nineteenth sec- tion the act is made a public act. and to be construed beneficially to the corpo- ration, to promote good order, &:c. Repealed April 0, 1807, 5 W. 155. sec. 62. See the act referred to of March 24, 1804, S W. p. 437. An Act to amend an act, entitled, ** An Act for establishing Courts of Justices of the Peace in and for the City of New- York ; passed April 4, 1806—4 W. 520. An Act to incorporate a Company in the City of New-York by the name, style, and description of the "Eagle Fire Company of New-York ; " passed April 4, 1606—4 W. 565. An Act concerning the appointment of Inspectors of Elections in the Cities of New-York, Albany, and Schenectady, and for other purposes ; passed April 7, 1806 — 4 W. 632. Authorizes the appointment of inspectors of elections at any time, between the first and tenth days of April. The statute March 24, 1808, 1 W. p. 264. .sec. 2, required the appointment to be mode on the first Tuesday of April in every year. TITLE OF ACTS. 45 An Act to incorporate the New-York Mason's Society ; passed February 20, 1 807—5 W. 8. An Act to incorporate the Phoenix Insurance Company of New- York; passed February 20, 1807—5 W. 13. Amended by the act of March 25, 1014. 27 Session, Laws of 1814, p. 68. An Act for building a Free Bridge across a part of Harlaem River; passed February 20, 1807—5 W. 17. That is to Great Barn Island. An Act respecting Elections in the City of New- York; passed February 20, 1807—5 W. 18. One section only fixing the time of the opening- of the polls, at or before ten A. M., and of closing nt sun down. Repealed March 39, 1813, 2 vol. Rev. L. of 1813, p. 259. sec. 29. An Act for the encouragement of Free Schools in the City of New-York; passed February 27, 1807—5 W. 20. An Act to incorporate the Ancient Briton's Benefit Society of the City of New-York; passed February 27, 1807—5 W. 23. An Act to enable the Corporation of the City of New-York to raise Moneys by Tax ; passed March 13, 1807—5 W. 42. One hundred and twenty thousand dollars. An Act to regulate the Fishing with Set Nets in Hudson River, and to prevent the obstructions in the Navigation thereof ; passed March 20, 1807—5 W. 64. Amended by the act March 24, 1809, 5 W. p. 468. This act and the amend - atory act repealed by the act of April 11, 1815. Laws of l}n5, p. 148, An Act to cede the Jurisdiction of certain Lands in this State to the United States; passed March 20, 1807 — 5 W. 67. See supplementary act of March 18, 1808. p. ?178. An Act for the Inspection of Lumber ; passed March 27, 1807 —5 W. 81. Repealed by the repealing act of December 10, 1828, 3 Fev. L. p. 132, and all acts amending- the same. Incorporated in the revision of 181.3, 1 vol. p. 237. An Act to organize a Third Regiment within the First Brigade of Artillery of the State, passed March 27, 1807 — 5 W. 87. Extending- the term of service in the first, second, and third reg-iments, to seven years. An act empowering the Mayor, Aldermen, and Comonalty of the City of New-York, to appoint a Clerk of the Common Conncil ; passed March 27, 1807 — 5 W. 91. 4G TITLE OF ACTS. The legislature reserving the right at any time to alter or repeal this act. This act is incorporated in the Rev. L. of 1813. 2 vol. p. 404. An Act to incorporate the Hibernian Provident Society of the City of New-York; passed April 3, 1807—5 W. 105. An Act relative to Improvements, touching the laying out of Streets and Roads in the City of New- York, and for other purposes ; passed April 3, 1807—5 W. 125. Appointing- Governeur Morris, Simeon De Witt, and John Rutherford, commis- sioners of streets and Roads. Amended by the act of March 24, 1809, 5 W. p. 475; and also by the act of June 16, 1812, 6 W. p. 518, by which the ninth, tenth, and eleventh sections are repealed. An Act to Incorporate the New-York Society of Journeymen Ship- wrights ; passed April 3, 1807 — 5 W. 130. " An Act to erect a Powder Magazine within the City of New- York ; passed April 3, 1807—5 W. 134. Exten(ied March 11, 1808.' See p. 275, same vol. An Act to amend an act, entitled, " An Act to incorporate the Trustees of the first Protestant Episcopal Charity School, in the City of New- York ; passed April 4, 1807—5 W. 142. An Act for establishing Courts of Justices of the Peace and As- sistant Justices, in and for the City and County of New-York; pas- sed April 6, 1807—5 W. 155. This act repeals the act of March 22, 1804. and the act amending the said act.- Amended March 18, 1808, same vol. p. 281. An Act to Incorporate the Caledonian Society of he City of New-York; passed April 6, 1807—5 W. 216. An Act to Incorporate the Mutual Aid Society of tl^e City cf New-York ; passed April 6, 1807—5 W. 217. An Act to Incorporate the Orphan Asylum Societ}^ in the City of New-York ; passed April 7, 1807—5 W. 236. This act of incorporation has been several times amended. By the act of March SO, 1811, 6 W. p. 175, the annual sum of five hundred dollars was given to it arising out of auction duties. By the act of April 21, 1828, certain rights were vested in the society, and again by the act of April 25, 1832 p. 473. An Act for the Inspection of Fish ; passed April 7, 1807 — 5 AV. -6(«38. Repealed March 19, 1808, same vol. p. 284, sec. 16. An Act to amend an act, entitled, " An Act for the better govern- ment of the City of New- York, and to grant certain additional TITLKS UF ACTS. 47 Powers and Rights to the Mayor, Aldermen, and Commonalty thereof, and to explain, continue, and amend the respective acts there- in mentioned ; " passed April 2, 1806; passed January 26, 1808 —5 W. 250. This statute consists of one section only, reserving the waters from the east- side of Coenties-slip to the west-side of Whiteliall-slip, for the sole use of sloops and other market vessels, from March 20, to December 20, each year. An Act to revive and continue the act, entitled, "An Act rela- tive to the Circuit Courts and Sittings in the City and County of New-York; passed February 12, 1808—5 W. 251. Revives them for au indefinite period An Act supplementary to an act, entitled, " An Act relati\'e to the Harbour Master, and Master and Wardens and Pilots, of the Port of New-York ;" passed April 3, 1801 ; passed February ^12, 1808 —5 W. 254. This act was, no doubt, intended as supplementary to the act April 4, 1C05, 4. W. p. 176, which repeals the act of 1808. An Act to Incorporate the Society, formed in the State of New- York, for promoting the Manumission of Slaves, and protecting such of them as have been or mav be liberated ; passed February 19, 1808-5 W. 256. An Act to amend the Act, entitled, an Act for the Inspection of Flour and Meal ; passed March 4, 1808—6 W. 261. Supersedes the power of the inspectors of New-York to appoint a deputy in Kings county. Repealed 8th November, 1808 — 5 W. 438. An Act constituting a Clerk for the Court of Oyer and Terminer and General Gaol Delivery, and General Sessions ot the Peace, in and for the City and County of New-York ; passed March 11, 1808 —5 W. 265. An Act to authorize the purchase of a Lot of Ground, for the site of a Powder Magazine in the City of New-York, and for other pur- poses; passed March 11, 1808— 5W.275. This act amended and confirmed by the 14th section of the act of March 29, 1809— 5 W. 522. An Act for Dividing the Seventh Ward of the City of New-York, and for extending the time ©f Charter Elections in the said City ; passed March 18, 1808— 5 W. 275. The polls of the election to remain open three days. An Act to enable the Corporation of the City of New- York to raise Moneys by Tax ; passed March 18, 1808—5 W. 276. One hundred and thirty thousand dollars. An Act supplementary to an Act, entitled, an Act to Cede the Ju- 48 tiTLE OF ACTS. risdiction of certain Lands in this State to the United States (passed March 20, 1807) ; passed March 18, 1808—5 W. 278. The act of which this is supplementary, was passed March 20, 1807, and relates to land covered with water between Long-Island and Staten-Island, and to Ellis and Oyster-Islands in the harbour of New-York. \ An Act to amend the Act, entitled, an Act for establishing Courts of Justices of the Peace and Assistant Justices, in and for the City and County of New-York, (passed April 6, 1807) ; passed March 18, 1808— 5 W. 281. See the act referred to of April 6, 1807—5 W. 155. An Act for the Inspection of Fi^ ; passed March 19, 1*808 — 5 W. 282. This act repeals the act of the 7th of April, 1 807, entitled, " an act for the in spection of^sh." An Act for the erection of a State Arsenal in the City of New- York ; passed March 19, 1808—5 W. 285. Amended by the act of November 8, 1808 — 5 W. 439. An Act to amend the Act, entitled, an Act for the Repacking and Inspection of Beef and Pork ; passed March 19, 1808 — 5 W. 287. This act repeals the 1 1 th and 12th sections of the act amended. An Act for the better regulation of auctioneers in the Cities of New-York and Albany; passed March 25, 1808 — 5 W. 291. By the 1st section of this act auctioneers to have but one store, and that to be designated. An Act supplementary to an Act, entitled, an Act for supplying the City of New-York with pure and wholesome water; passed March 25, 1808— 5 W. 294. The Manhattan Company. , An Act for the more speedy Collection of Taxes and Assessments in the City of New-York ; passed April 1, 1808—5 W. 297. This act authorizes and directs tlie sale of lands of non-residents for taxes, in certain cases. An Act to contribute to the Defence of this State, and for other purposes; passed April 6, 1808—5 W. 312. The 3d section of this act is incorporated in the revision of 1813, vol. 1, p. 151. See this vol. title " Records." This act authorizes the removal of banks, records, &c. in certain specified cases. An Act declaring the Punishment of certain Crimes, and for other purposes ; passed April 8, 1808 — 5 W. 336. The 17th section authorizes convicts to be sent to the fortifications. An Act authorizing the purchase of an additional quantity of TITLE OF ACTi>. 49 Ordnance, Anns, and Ammunition, for tlie use of this State, and for other purposes ; passed April 8, 1808 — 5 W. 348. By the last section, public ground, adjacent to tlie government-house, granted to the corporation. An Act to divide the State into Districts for the Election of Re- presentatives in the Congress of the United States ; passed April S, 1808— 5 W. 250, By the first section the city and county of Ne^v-Yovk, and the counties ot" Kichmond and Rockland, compose the second district. Repealed by the act of June 10, 1812,(6 W. 459J and the districts reorganized. An Act to amend an Act, entitled, an Act for the settlement and relief of the Poor, and for other purposes; passed April 8, 1808 — o W. 363. This act transfers the power of the mayor, recorder, and aldermen of the city of New-York, to the coniuiissioners of the almshouse and bridewell, in relation to binding out apprentices, «&lc. under the 4th section of the act, entitled, " an act concerning- apprentices and servants.'' * This act is incorporated in the Rev. Laws of 1813, 2d vol. 440. An Act for the more speedy recovery of Debts to the value of Tvventy-fiveDollars ; passed April 11, 1808—5 W. 375. Amended February 2, 1809, same vol. p. 440. Do. March 30, 1809, do. 5C8. An Act to direct the Secretary to procure a State standard of Long Measure, and for other purposes ; passed April Jl, 1808 — 5 W. 404. Repealed by the act of March 24, 1 G09— 5 W. 46G. An Act to vest certain powers in the Recorders of the Cities of Albany and Hudson, and for other purposes; passed April 11, 1808— 5 W. 408. The 3d section applies to the city of New-York, and empowers the clerk of the supreme court to perform certain duties in the abscenceof the recorder. An Act to incorporate the New- York Missionary Society ; passed 1808, 31 session — vol. of private acts, p. 3. An Act to incorporate the Academy in the City of New-York for the promotion of Arts ; passed 31 sess.— ibid. 6. An Act to incorporate the Mutual Benefit Society therein men- tioned; passed 31 sess. — ibid. 20. , An Act to confirm the Partition of certain Lots of Land in the City of New-York between the Heirs of the late Nicholas Bavard ; passed 31 sess. — ibid. 28. An Act further to amend an Act, entitled, an Act to incorporate the New- York Insurance Company; passed 31 sess.-— ibid. 33. 50 TITLE OF ACTS. An Act respecting the Free School Society; passed 31 sess. — vol. of private acts, p. 99. An Act to incorporate the New-York Baptist Missionary Society ; passed 31 sess. — ibid. 109. v An Act to incorporate the Thistle Society in the City of New- York ; passed 31 sess. — ibid. 136. An Act to incorporate the American Fur Company; passed 31 sess. — ibid. 140. An Act to incorporate the Mutual Relief, Society in the City of New- York ; passed 31 sess. — ibid. p. — . An Act to revive an Act, entitled, an Act to amend an Act, enti- tled, an Act to regulate sales by public auction, and to prevent Stock Jobbing ; passed November 8, 1808— 5 W. 432. The act revived to remain in force until March 1, 1812, and no long-er. An Acjt relative to the Inspection of Flour and Fish, and for other purposes ; passed November 8, 1808—5 W. 43?. This act repeals the first section of the act of March 4, 1808, and revives the 3d section of the act of April 3, 1 801 , relative to the inspection of flour and meal. An Act making further provision for the erection of an Arsenal in the City of New-York, and for other purposes ; passed November 8, 1808— 5 W. 439. An Act to enable the Corporation of the City of New-York to raise moneys by tax ; passed Februar} 2, 1809 — 5 W. 441. One hundred and thirty thousand dollars. An Act to incorporate the Friendly Society of the Town of Har- laem ; passed February 10, 1809, 32 sess.— laws of 1809 — vol. of private laws, p. 21. An Act authorizing the Employment of certain Convicts in the City and County of New-York ; passed Feb. 10, 1809—3 W. 445. This act is incorporated in the revision of 1813 — 2 Rev L. 438. An Act to incorporate the New-york Historical Society ; passed Feb. 10, 1809—32 sess. laws of 1809— vol. of private laws, p. 26. An Act relative to a Standard of Long Measure, and for other purposes; passed March 24, 1809— 5 W. 466. An Act to amend an Act, entitled, an Act to regulate Fishing with Set Nets in Hudson River, and to prevent obstructions in the Navi- gation thereof; passed March 24, 1809—5 W. 468. fiepealed by the act of April 11, 1815--Laws of 1815, 3d vol. p. 148. TITLE OP ACTS. 51 An Act to amend the act, entitled, an act for the settlement and relief of the poor; passed April 8, 1809—5 W. 471. Authorizing poor lunatics to be sent to tlie hospital in New- York, on certain conditions. An Act respecting Great Barn Island ; passed March 24, 1809 — 5 W. 473. An Act to invest the Mayor, Aldermen, and Commonalty of New-York, with further powers relating to the regulation of Pawn- Brokers ; passed March 24, 1809—5 W. 474. This act is incorporated in the revision of the Laws of 1813 — 2 V. 444. An Act respecting Streets in the City of New-York ; passed March 24, 1809—5 W. 475. Relating to laying out Canal-street. Amended by the act of April 2, 1810 —6 W. 47. Further amended by the act of June 19, 1812—6 W. 563. An Act relative to Crimes, and for other purposes ; passed March 27, 1809—5 W. 501. The fourth and fifth sections relate to the court of general sessions of New- York, and extend its jurisdiction to all crimes, excepting cases affecting life, and extend the time of holding the court to the third Saturday, from the com- mencement. See the act of April 9, 1811, 6 W. 289. An Act rendering Bonds taken for the Gaol Liberties Assignable, and for other purposes ; passed March 28, 1809 — 5 W. 509. The fourth and fifth sections relate to the gaol limits of the city of New- York. An Act to organize the Militia of this State ; passed March 29, 1809— 5 W. 530. This act repeals the act of April 7, IGOl, and all other acts relating to the same subject. An Act to incorporate a Company in the City of New- York, for the purpose of manufacturing paints and other articles — 32 sess. vol. of private acts, p. 28. An Act to enlarge the powers of the Orphan Asylum Society, in the City of New-York ; passed February 1 0, 1809 — same vol. p. 6. Session 32, laws of 1809. >■ An Act to incorporate the Friendly.Sopiety of the Town of Har- iaem — same vol. p. 2i. An Act to incorporate the New-York Historical Society — same vol. p. 26. An Act to incorporate the Manhattan Provident Society of the City of New-York — same vol. p. 27. 52 TITLE OF ACTS. An Act to incorporate the Mutual Insurance Company of the City of New-York — same vol. p. 149. ■I An Act for the separation of the first Presbyterian Church of the City of New-York — same vol. p. 39. i An Act to enable the trustees of the Presbyterian Church in- Cedar street, and the Rector and Church Wardens and Vestrymen, of Grace Church, in the City of New- York, to hold real and per- sonal estate, of the annual value of the income therein mentioned^ — same vol. p. 97* An Act supplementary to the act, entitled, an act to incorporate the New- York Missionary Society — same vol. p. 140. An Act to confirm the sale of a House and lot of Land in the Ninth Ward, of the City of New- York, made to Michael Hogan, and the deed thereupon executed to Ijim by the Commissioners in Partition — same vol. p. 69« An Act to incorporate the Assistant Society of the City of New- York, for charitable purposes ; passed February 17, 1810 — 33 sess. vol. of private laws, p. 22. An Act to incorporate the Firemen of the City of New-York, as an Insurance Company ; passed March 2, 1810' — same vol. p. 35. ni An Act to incorporate the Society of the Economical School, i the City of New-York ; passed March 16, 1810— same vol. p. 30. An Act to incorporate the New-York African Society for mutual relief; passed March 23, 1810 — same vol. p. 107. An Act to incorporate the Stock Holders of the State of New- York Slate Company; passed March 23, 1810 — same vol. p. 115. An Act respecting the Free School Society of New-York ; passed March 30, 1810— same vol. p. 136. An Act to amend an act, entitled, an act for building a Free Bridge, across a part of Harlaem River, passed February 20, 1607; passed April 2, 1810— same vol. p. 156. An Act to incorporate the Society in the City of New- York, for the relief of poor Widows with small Children ; passed April 5, 1810 — samevoLp. 165. An Act for aiding the Trustees of the African Free School in the City of New-York, in erecting a building for the accommoda- TITLE OF ACTS. 53 tion of the School, under iheh* care ; passed April 5, 1810 — same vol. p. 202. An Act to alter the style and title of the Society of the New- York Hospital in the City of New- York, in America, and to amend the Charter thereof; passed March 9, 1810— 6 W. 11. Altered to " The Society of the New- York Hospital." An Act for the promotion of Medical Science in the State of New- York ; passed March 12, 1810—6 W. 12. It relates to the purchase by the State of the Botanic Garden, owned by Dr. Hosack, and the consideration authorized to be raised by a lottery. An Act further to amend the Act, -entitled, an Act to regulate the Sales by Aublic Auction, and to prevent Stock Jobbing, and for other purposes ; passed March 16, 1810 — 6 W. 15. An Act to enable the Corporation of the City of New- York to rai|e ^m«heys by tax ; passed March 16, 1810 — 6 W. 17. One hundred and twenty thousand dollars. An Act relative to Columbia College in the Cit}^ of New-York ; passed March 20, 1810—6 W. 24. An Act to incorporate the New-York Slate Company ; passed March 23, 1810— 6 W. 26* An Act for the support of the New-York Hospital ; passed March 23, 1810— 6 W. 27w Annuity of 3,500 dollars for ten year?, to he paid quarterly ; charg-eabic to du- ties arising on sales at auction in this city ; reserving the power of repealing- this act. An Act to amend the Act, entitled, an Act to regulate the Ferry and Rates of Ferriage between the City of New-York and the Island of Nassau ; passed April 2, 1810 — 6 W. 36. Amended by the act of June 15, 1812 — 6 W, 490. This act is incorporated in the revision of 1813 — 2 Rev. L. 353. See this vol. title " Ferries." An Act to enable the Mayor, Aldermen, and Commonalty of the City of New-York, to di.spose of certain Lands, heretofore taken for the purpose of opening and forming Canal-street, and for other pur- poses ; passed April 2, 1810 — 6 W. 47. By this act the inspectors of the election, appointed by the common council, to hold stated elections for representatives to the congress of the United States; have power to fill vacancies, and shall be the inspectors of every election for the said district. An Act relative to the jurisdiction of certain Waters in the Bay of New-York, and the vicinity thereof; passed April 5, 1810 — 6 W. 57. ' 54 TITLE OF ACTS. Annexes all the \ aters of this state, in the bay of New-\ork and to the south- ward thereof, and not comprehended in the city and county of New-York, or in any other county, to the city and county of New-York; but not to be subject to anv ordinance or by-law of the common council, &c. See the bounds of the city of New- York in this volume, title " New- York." An Act for the Recording of Deeds in the City and County of New-York ; passed April 5, 1810—6 W. 72. Repealed by the act of March 30, 1811—6 W. 184. These acts authorize and require the recording of deeds by the clerk of the city and,county of New-York. By the act passed March 13, 1812, (6 VV. S63,J a register's office is established, and the former duties of the clerk of the city and county, in relation to recording deeds, &c. are transferred to the register. The act is incorporated in the revision of 1813, vol. 2, p. 402. An Act concerning the Clerk's of the Supreme Court of this State, and for other purposes ; passed April 6, 1810 — 6 W. 85. By this act the clerk of the supreme court in the city of New-York is allowed the sum of three thousand dollars salary, and the sum of one thousand and six hundred dollars for clerk hire and office expenses. This act is incorporated in the revi- sion of the laws of 1813, vol. 1, p. 243. # ^ An Act to incorporate the Stockholders of the New- York Sugar Refining Company ; passed March 22, 1811— 6 W. 140. Amended by the act of January 24, 1831, and the charter extended to March 22,1851. An Act to amend an Act, entitled, an Act to incorporate the Eagle Fire Company of New- York ; passed March 23, 1811 — 6 W. 159. An Act supplementary to an Act, entitled, an Act respecting Streets in the City of New-York; passed March 24, 1811— 6 W. 192. An Act to enable the Corporation of the City of New- York to raise Money by Tax, and for other purposes ; passed March 29, 1811— 6 W. 172. One hundred and twenty-thousand dollars. Collectors of taxes to enter upon the duties of their office on the first Monday in May. The common council au- thorized to make rules and regulations, and to impose penalties as to sweeping chimneys. An Act for the further encouragement of Free Schools in the City of New-York ; passed March 30, 1811—6 W. 174. No misnomer of this corporation (free schools) in any deed, will, &c. to affect the same, if intent be ascertained. An Act for the Benefit of the Orphan Asylum Society ; passed March 30, 1811—5 W. 175. This society was incorporated April 7, 1807, (5 W. 236,) and was further amended by the act of April 21, 1828 — p» 391. TITLE OF ACTS. 55 An Act to explain the Act, entitled, an Act to incorporate the Phcenix Insurance Company of New-York ; passed March 30, 18U — 6 W. 179. An Act authorizing the cession to the United States of the Title and Jurisdiction of this State to the Lands therein mentioned ; pass- ed March 30, 1811—6 W. 182. An Act concerning the Recording of Deeds in the City of New- York ; passed March 30, 1811— 6 W. 184. Repeals the act of April 5, 1810, (6 W. 72) ; and by this act deeds are to be re- corded by the county clerk. By the act " to reduce," &,c. (2 Rev. L. 406,) the duties of the county clerk of the city and county of New- York are transferred to the register, in relation to recording* of deeds, kc. An Act to amend the Act, entitled, an Act to incorporate the Stockholders of the Commercial Insurance Company of New-York ; passed April 3, 1811— 6 W. 209. An Act to incorporate the Society of Teachers of the City of New-York for Benevolent and Literary purposes ; passed April 4, 1811— 6 W. 230. An Act to establish a Board of Wardens of the Port of New- York, and for the regulation of Pilots and Pilotage of the said Port ; passed April 9, 1811—6 W. 277. This act repeals all former laws upon the same subject, and the 16th section is partially repealed by the act of June 8, 1812 — 6 W. 438. An Act to improve the Police of the City of New-York, and for other purposes ; passed April 9, 1811-^6 W. 289. By this act the court of general sessions is to hold the term for two neeks, and the special justices are niade, ex officio, judges of the court, and to account for property in their office. The 6th and loth sections repealed by the act of June 18, 1812—6 W. 539. An Act for the Payment of certain Officers of Government, and for other purposes ; passed April 9, 181 1 — 6 W. 329. The 43d section directs school money to be paid by the common council of the city of New-York to the congregation of Shearith Israel of said city. An Act to render the Provost of Columbia College in the City of New-York ehgible to be a Trustee thereof; passed February 14 1812— 6 W. 348. An Act to provide for the Election of an additional number of Trustees to the Free School Society of New-York, and for other purposes; passed February 28, 1812— 6 W. 357. Six additional trustees allowed by this act to be elected annually in addition to the number heretofore authorized. 56 TITLE OF ACTS. An Act to establish a Register's office in and for the City and County of New-York; passed March 13, 1812— 6 W. 363. This act establishes the register''s office, and directs the delivery of books and deeds to the register from the clerk of the city and county of New-York. This act is incorporated in the revision of 1$13. Vide act "toieduce, &:c. vol. 2, p. 402. An Act concerning the State Prison ; passed May 21, 1812—6 W. 369. By this act the judgfes of the supreme court and the mayor of New-York are to make rules for the government of the state prison, «SiC. Repealed by the repeal- ing act of December 10, 1828—3 Rev. St. 129. An Act to provide for the due Preservation of the Records and Pa- pers in the ofiice of the Clerk of the Supreme Court in the City of New-York ; passed May 26, 1812—6 W. 378, Authorizing him to procure boxes and papers, &c. An Act to authorize the Sale of certain Public Property in the City of New-York ; passed May 26, 1812-6 W. 396, The government house, and the lands adjoining, to be sold to the city for not less than fiftv thousand dollars. Amended by the act of April 13, 1813 — 36 sess. laws of 1813, p. 221. An Act to amend an Act, entitled, an Act for the more effectual prevention of Fires, and to regulate Buildings in the City of New- York ; passed June 1,181 2—6 W. 405. The 1st, 2d, 3d, 4th, 5lh, 6th, and 7th sections of the act of March 27, 1801, (K. &R. 1 14), arc repealed by this act. An Act to enable the Mayor, Recorder, and Aldermen, of the City of Newr-York, to raise Money by Tax, and for other purposes ; passed June 1, 1812— 5 W, 408. One hundred and sixty thousand dollars, and the common council authorized to cause wells and pumps to be made and assessments therefor upon the adjoining pro- perty, (fee. Amended by the act of June 18, 1812~6 W. 548. An Act enable Daniel M'Cormick, of the City of New-York, mer- chant, to make certain provisions by will for the sale of real estate ; passed June 2, 1812—6 W. 412. An Act to repeal a part of the Act, entitled, an Act to establish a Board of Wardens of the Port of New-York, and for the regula- tion of the Pilots and Pilotage of the said Port, and for other pur- poses ; passed June 8, 1812— 6 W. 438. Repeals the 16th section of the act of April 9, 1811, (6 W. 277,) so far-as the said section relates to any vessel belonging to a citizen of the United States, or any master, owner, or consignee of any such vessel. Allows the excise commis- sioner to retain 750 dollars per annum for his services. An Act to divide the State into Districts, for the Election of Re- presentatives in the Cc^ngress of the United States ; passed June 10, 1812— 6 W. 459. TITLE OF ACTS. S*? By this act tbe counties of Suffolk, Queens, Kings, Richmond, and the first and second wards of the city of New- York shall compose the first district, and shall elect two representatives. The third, fourth, fifth, sixth, seventh, eighth, ninth, and tenth wards of the city of New- York shall compose the second district, and shall elect two representatives. Amended by the act of June 16, 1812—6 W. 513. An Act concerning the Sittings appointed to be held in and for the City and Coiinty of New-York, on Monday, the fifteenth day of June 1812; passed June 12, 1812— 6 W. 467. An Act to amend the Act, entitled, an Act to amend an Act, en- titled, an Act to regulate the Ferry and rales of Ferriage between the City of New-Y'ork and the Island of Nassau, (passed the 2d of April, 1810,) and for other purposes ; passed June 15, 1812 — 6 W* 490. This act authorizes the employment of barges, or row-boats, of any breadth. The other parts of the act relate to Brooklyn exclusively. See the act amended by this act of April 2, 1810—6 W. 36. An Act. providing for the Election of Representatives for this State in the Congress of the United States ; passed June 16, 1812 — 6 W. 513. This act directs the general election of representatives for 1812 to be held on the third Tuesday in December, 1812, and the two succeeding days, under a late apportionment law of congress. An Act relative to the opening, laying out and forming, and ex- tending, enlarging, and otherwise improving Streets, Avenues, Squares, and Public Places, in the City of New-York ; passed June 16, 1812— 6 W. 518. This act repeals the 9th, lOtli, and 1 1th sections of the act of April 3, 1807, (3 W. 125,) and authorizes certain debts to be funded ; and the substance of the act is incorporated in the revision of 1813 — act " to reduce," «Sic. vol. 2, p. 408. An Act to amend an Act, entitled, an Act to improve the Police of the City of New-York, and for other purposes ; passed June 18, 1812— 6 W. 539. Repeals the 61h and ISlh sections of the net of April 9, 1811—6 VV. 289. By this act the special justices are clothed with the same power in relation to the pub- lic peace of the city as the justices of the counties. It is incorporated in the re- vision of 1813—2 Rev. L. 350. An Act regulating the power of Taxing Costs in the Court of Chancery ; passed June 18, 1812 — 6 W. 540. The chancellor to name a master in the city of New-York, who shall have the power of taxing costs, &c. An Act to incorporate the American Insurance Company of New- York ; passed June 18, 1812—6 W. 544. An Act to grant certain additional powers to the Mayor, Alder- 8 58 . TITLE OF ACTS. men, and Commonalty of the City of New-York, and for other pur- poses ; passed June IS, 1812—6 W. 548. Sunday laws — butchers — poor children — commissioners of the almshouse — gam- ing- houses — hackney coaches — pawnbrokers — penalties to 250 dollars. Wells and pumps, and the expense thereof, how assessed. An Act to incorporate the New-York Marble Company ; passed June 19, 1812— 6 W. 553. An Act to enable the Rector, Churchwardens, and Vestrymen of St. George's Church, in the City of New-York, to hold real and per- sonal estate of the annual value or income therein mentioned ; pass- ed June 19, 1812— 6 W. 554. Not exceeding six thousand dollara. An Act for the appointment of commissioners to ascertain the best method of Conveying off the Waters from the Collect and Lis- penard's Meadow in the city of New-York ; passed June 19, 1812 —6 W. 563. This act appoints Cornelius Howard, esq. of Baltimore; Eli Whitney, esq. of New-Haven, and Robert Fulton, esq. of New- York, the commissioners. Amended by the act of April 9, 1813— vol. 3, 185. An Act to lay a duty on Strong Liquors, and for regulating Inns and Taverns ; passed April 7, 1801 — 1 Rev. L. 176. An Act to prevent Horse-racing, and for other purposes therein mentioned; passed March 19, 1802—1 Rev. L. 222. An Act for the relief of Cities and Towns from the maintenance of Bastard Children; passed February 25, 1813 — l.Rev.L. 306. This act is repealed by the repealing act of December 10, 1828, p. H9. No. 82. An Act concerning the Supreme Court; passed February 25, 1813—1 Rev. L. 318. B}' this act the May term of the court is directed to be held in the City of New-York, and the recorder to be ex officio a commissioner, to perform certain duties of a judge of the said court. This act is repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129. No. 85. An Act for regulating Trials of Issues, and for returning able and sufficient Jurors; passed February 25, 1813 — 1 Rev. L. 325. Repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129. No. 88. An Act declaring the punishment of certain crimes ; passed March 19, 1813—1 Rev. L. 407. By the twenty-first section of this act, convicts in New-York may be put to hard labour at the fortifications. Repealed bv the repealing act of December 10, 1828, 3 Rev. S. p. 129. No. 104. TITLE OF ACTS. 59 An Act to regulate Weights and Measures ; passed March 19, 1813—1 Rev. L. 376. Repealed by the repealing act of Dec. 10, 1828, 3 Rev. S. p. 129. No. 98. An Act for the recovery of Debts to the value of Twenty-five Dollars; passed April 5, 1813—1 Rev. L. 387. Repealed by the repealing- act of Dec. 10, 1828, 3 Rev. S. p. 129. No. 101. An Act concerning the Circuit Courts and Sittings, and the Courts of Oyer and Terminer, and Gaol Delivery ; passed April 5, 1813—1 Rev. L. 335. Repealed by the repealJDg act of Dec. 10, 1828, S Rev. S. p. 129, No. 89. An Act concerning Sheriffs and their Duty, in respect to pro- cess, arrests, and the keeping of Prisoners; passed April 6, 1813 — 1 Rev. L.418. By the second section of this act the sheriff of New-York is required to enter into a bond with sureties, being freeholders, to the amount of twenty thousand dollars. This act is repealed by the repealing act of Dec. 10, 1828, Rev. S. 3 vol. p. 129. No. 108. An Act relative to Gaols; passed April 6, 1813 — 1 Rev. L. 427. The twenty-third, twenty-fourth, and twenty-fifth sections of this act prohibits spirituous liquors being taken into the gaols of New-York and Albany, and imposes a penalty for violating these provisions. These provisions may be found in Kent and R. I vol. p, 360. This act is repealed by the repealing act of Dec. 10, 1828, 3 vol. Rev. S. p. 129. No. 109, excepting the fourteenth, fifteenth, twenty-eighth, and twenty-ninth sections, the last section of which relates to the gaoler's fees in New-York. An Act relative to the Court of Probates, the office of Surro- gate, and the granting of Administrations ; passed April 8, 1813 — 1 Rev. L. 444. Repealed by the repealing act of Dec. 10, 1828, No. 111. An Act for the relief and settlement of the poor ; passed April 8, 1813—1 Rev. L. 279. This act relates to the city of New-York. It is repealed by the repealing acl of December 10, 1828, 3 Rev. S. p. 129. No. 80, and all acts and parts of acts amending the same, or relating to the subject matter thereof. An Act relative to District Attorneys; passed April 9, 1813 — 1 Rev. L. 413. By this act the state is divided into eleven districts, and the city and county of New-York, and the counties of Suffolk, Queens, Kings, and Richmond shall be the first district. Repealed by the repealing act of December 10, 1828, 3 Rev. S. p. 129, No. 106. An Act for giving Rehef in cases of Insolvency ; passed April 12, 1813—1 Rev. L. 460. go TITLE OF ACTS. Repealed by the repealing act of Dec. 10, 1828,3 Rev. S. p. 129. No 115, and all acts and parts of acts amending the same, as are not consolidated and re- enacted in the Rev. S. An Act concerning the Court of Chancery ; passed April 10, 1813—1 Rev. L. 486. ' The first section of this act requires two terms of the court of chancery to be held in New-York every year, and that the register shall keep his office in the city of New-York or Albany, as the chancellor shall direct. This act is re- pealed by the repealing act of Dec. 10, 1828, 3 Rev. S. p. 129. No. 120. An Act to divide this State into Counties; passed March 26, 1813 ^2 Rev. L. 31. By this act the state is divided into forty-seven counties, and the boundaries of New-York are given. Repealed No. 127, repealing act of Rev. S. An Act relative to the Duties and Privileges of Towns ; passed March 19, 1813—2 Rev. L. 125. Repealed No. 129, except the twentieth and twenty-third sections. The twen- tieth section authorizes the common council of New-York to make rules and re- gulations for making, mending, and maintaining the fences in the city. An Act concerning the Court of Common Pleas and General Sessions of the Peace in the several Counties of this State ; passed April 5, 1813—2 Rev. L. 141. Repealed, No. 131, 3 Rev. S. An Act relative to the Clerk's Office in certain Counties, and the removal of Public Records ; passed April 9, 1813 — 2 Rev. L, 151. Repealed, No. 133, except section 5, which empowers the governor, or in his absence, the common council, to authorize and direct the removal of the public re- cords of the city, and also in case of danger from the enemy, to authorize and di- rect the temporary removal of the banks, insurance companies, and other monied institutions from the city, which section see in the Compilation. An Act to regulate sales by Public Auction, and to prevent Stock Jobbing; passed April 6, 1813 — 2 Rev. L. 181. Repealed, No. 134. An Act to Incorporate Medical Societies, for the purpose of regu- lating the practice of Physic and Surgery in this State ; passed April 10, 1813—2 Rev. L. 219. Sections twelfth, twentieth, twenty-first, and twenty -second repealed, No. 140. An Act relative to the University ; passed April 5, 1813 — 2 Rev. L. 260. An Act relating to the different Colleges in this State ; passed April 9, 1813—1 Rev. L. 265. The first nine sections relate to Columbia College. TITLE OF ACTS. 61 An Act for the Inspection of Flour and Meal, and to establish the Standard Weight of Grain therein mentioned ; passed March 5, 1813 — 2 Rev. L. 320. Repealed by No. 148, and all acts and parts of acts amending the same, or re- lating to the subject matter thereof. An Act for the Repacking and Inspection of Beef and Pork ; passed March 12, 1813—2 Rev. L. 324. Repealed by No. 149, except section twenty-six, as to the beef and pork pre- served for exportation by Joseph Sparrow. An Act for the Inspection of Fish ; passed March 26, 1813 — 2 Rev. L. 330. Repealed by No. 150, and all acts and parts of acts amending the same, or di- recting the appointment of inspectors offish. An Act concerning the Inspection of Pot and Pearl Ashes ; pass- ed February 25, 1813—2 Rev. L. 333. Repealed by No. 151, and all acts and parts of acts amending the same, or re- lating to the subject matter thereof. An Act to regulate the Culling of Staves and Heading ; passed March 26, 1813— Rev. L. 336. Repealed by No. 152, and all acts and parts of acts amending the same, or re- lating to the subject matter thereof. An Act concerning the Inspection of Sole Leather ; passed March 5, 1813— 2 Rev. L. 340. Repealed by No. 153, and all acts and parts of acts amending the same, or di- recting the appointment of inspectors of sole leather, or prescribing the fees to be paid to them. An Act to reduce several laws, relating particularly to the City of New-York, into one Act; passed April 9, 1813 — 2 Rev. L. 342. An Act relative to the Pilots of the Port of New-York ; passed April JO, J 81 3— 2 R. L. 461. This act is conthiued by the act of April 15, 1814— p. 219. An Act concerning the Mayor's Court in the Cities of Albany and Hudson, and the Mayor's Court and General and Special Sessions of the Peace in the City of New-York : passed April 9 1813— 2R.L. 501. ^ Repealed, No. 154. An Act declaring the Powers and Duties of Justices of the Peace ; passed April 19, 1813—2 R. L. 506. Repealed, No. 155. 62 TITLE OF ACTS. An Act for the assessment and collection of Taxes ; passed April 5, 1813— 2 R. L. 509. Repealed by No. 156 — and all acts amending the same, or relating to the subject matter of the sai4act. V An Act to provide against infectious and pestilential Diseases ; passed March 26, 1813—2 R. L. 524. Repealed, No. 157, and all acts amending the same, or relating to the subject matter thereof. An Act concerning the Fund for the encouragement of Common Schools ; passed April 9, 1813— 2 R. L. 537. Repealed, No. 158. An Act for the more effectual Punishment of Persons who shall be guilty of the Trespasses therein mentioned in the Cities of New- York, Albany and Hudson, and the Township of Schenectady ; passed March 24, 1787—2 R. L. 539. Repealed, No. 159. An Act designating the duties of the Commissary of Military Stores, and relative to the Arsenals and Public Stores ; passed April 1, 1802— 2R. L. 545. Repealed, No. 160. See the next chapter on the same subject, p. 547. Re- pealed, No. 161. An Act supplementary to the act, entitled, an act for the establish- ment of Common Schools; passed March 12, 1813 — 3 L. 38. This act is incorporated in the revision of the laws of 1813, vol. 1, p. 266. Repealed by the act of November 19, 1824, p. 337. An Act to repeal the sixth section of the act, entitled, an act to incorporate the American Insurance Company of New- York ; passed March 12, 1813—3 L. 42. The act incorporating the company, was passed June 18, 1812 — 6 W. p. 544, amended. Same session laws of 1814, p. 176, amended, and continued in laws of 1824, p. 6. ' An Act to enable the Mayor, Recorder and Aldermen of the City of New- York, to raise money by tax ; passed March 19, 1813 — 3L. 61. One hundred and thirty thousand dollars. An Act to incorporate the Female Association of the City of New- York, and to amend the act relative to the Geneva Friendly Society ; passed March 26, 1813 — 3 L. 9J. Amended by the law of 1819, p. 216. An Act relative to the Sittings appointed to be held in the City of New- York, on the first Monday of April, 1813—3 L. 94. TITLE OF ACTS. 63 An Act to enable the Trustees of the German Reformed Church in the City of New-York, to sell certain Lots of land ; passed April 2, 1813— 3 L. 137. An Act authorizing a Dam to be built across Harlaem River ; passed April 8, 1813— 3 L. 161. M' Comb's Dam, reserving the rights of John B. Coles and his assignees, and the Harlaem Bridge Company, as to the rights of John B. Coles and his assignees— see 2 Kent and Radcliff. p. 489, 490, 491 and 492. An Act further to suspend the Collection of assessments therein mentioned; passed April 9, 1813 — 3 L. 185. Amended by the act of April 15, 1814, laws of 1814, p. 200. An Act concerning Pilots of the Port of New-York ; passed April 10, 1813— 3 L. 194. This act was revived and continued in force untij April 1, 1818, by the act of April 18, 1815, p. 256; and was further continued by the act of April 21, 1818, p. 288, to the first day of April 1820. An Act relative to the Managers of Lotteries; passed April 13, 1813— 3 L. 315. The fifth section of this act relates to selling tickets at auction in the city of New- York. This act is incorporated in the revised laws of 1 813, vol. 1 , p. 270. An Act to alter the name of the Corporation of Trinity Church in New-York, and for other purposes; passed January 25, 1814 — 3 L. 37 session b. 6. Altered to the " Rector, Churchwardens, and Vestrymen of Trinity Church in the city of New-York." An Act for the relief of the Rector, Churchwardens, and Vestry of the Protestant Episcopal Church of St. Marks, in the Bowery, in the City of New- York ; passed February 4, 1814 — 3 L. 10. This act authorizes the corporation to convey certain grounds, &c. An Act to incorporate the Humane Society of the City of New- York ; passed February 4, 1814 — 3 L. 12. An Act to incorporate the Washington Insurance Company of the City of New^York ; passed March 18, 1814—3 L. 56. Amended by the act of April 12, 1816, p. 111. An Act to incorporate the York and Jersey Steam-boat Ferry Company; passed March 18, 1814— -3 L. 60. An Act to incorporate the Ursuline Convent of the City of New- York ; passed March 25, 1814—3 L. 66. An Act to amend an act, entitled, an act to incorporate the 64 TITLE OP ACTS. Phoenix Insurance Company of New-York ; passed March 25, 1814— 3 L. 69. ^ An Act to incorporate the Literary and Philosophical Society of the City of New-York ; passed March 25, 1814—3 L. 69. An Act to enable the Rector, Churchwardens, and Vestrymen of Grace Church, in the City of New- York, to hold real and personal estates, of the annual value or income therein mentioned ; passed March 25, 1814—3 L. 72. Not exceeding' six thousand dollars. An Act to amend an act, entitled, an act to incorporate the Trus- tees of the Marine Hospital, called the Sailor's Snug Harbour in the City of New-York ; passed March 25, 1814—3 L. 78. This act was amended by the act of April 19, 1828, p. 351. The original act was passed February "6, 1806, 4 W. p. 323. The chancellor, mayor and recorder, &c. are ex-officio trustees to the corporation. An Act to amend the act, entitled, an act to reduce the several laws relating particularly to the City of New-York into one act, so far as the same relates to the Register in and for the Citv of New- York ; passed April 1, I8l4— 3 L. 94. This act relates to certificates of freedom of blacks and mulattoes, and directs them to be filed with the register. An Act to incorporate the North American Coal Company; passed April 6, 1814—3 L. 115. Charter extended twenty-one years by the act of April 21, 1832, Laws of 1832, p. 377. An Act to incorporate the New- York Coal Company ; passed April 6, 1814— 3 L. 118. By this act the corporation is declared to extend to the first Tuesday of June, 1835, and by the act amending and continuing this corporation, it is declared the corporation shall continue in force until the sixth day of June 1856, and shall be l?nown as '• The New-York and Tuscarora Coal Company." Vide the act, laws of 1832, p. 472. An Act for the relief of the Stockholders of the late Marine In- surance Company of New-York ; passed April 13, 1814 — 37 Sess.3 vol. 1 38. An Act instituting a Lottery for the promotion of Literature and for other purposes j passed April 3, 1814 — 37 Sess. vol. 3. 142. By the sixth section of tliis act the botanic garden is granted to Columbia col- lege, upon certain conditions specified in the act, and by the twelfth section thirty thousand dollars is to be paid to the college of physicians and surgeons of city of New-York. Part of the sixth section and all the seventh section of the said act are repealed by the act of February 19, 1819, p, 26. TITLE OF ACTS. 65 \ Axi Act relative to Inspectors of Beef and Pork in the City of New-York ; passed April 13, 1814—37 Sess.-vol. 3. 149. An Act to amend an Act, entitled, an Act to Incorporate the American Insurance Company of the City of New-York ; passed April 15, 1814—37 Sess.vol. 3. 176. An Act relative to the Lottery, granted to the Board of Health of the City of New-York; passed April 15, 1814—37 Sess.vol. 3. 186. By an act passed April 7, 1806. the board of health were authorized to raise the sum of twenty-five thousand dollars by lottery, for the purpose of erecting build- ings upon, for the accomnnodation of the sick. And by an act passed April 1 1, 1808, they were authorized to raise the further sum of five thousand dollars for the benefit of the orphan asylum. An Act to authorize and empower the Rector, Wardens, and Vestry-men of St. Stephen's Church, in the City of New-York, to Sell and Convey the property therein mentioned and for other pur- poses ; passed April 15, 1814 — 37 Sess. vol. 3. 172. May hold real and personal estate to the 3 early value of sixty thousand dollars. An Act to amend an act, entitled, an Act relative to Improve- ments touching the laying-out of Streets, and Roads in the City of New-York and for other purposes; passed April 15, 1814 — 37 Sess. vol. 3. 206. Relates to " The Parade," and to the act of April 9, 1813, 26 Sess. p. 185. An Act to continue in force an act, entitled, an Act relative to Pilots of the port of New-York ; passed April 15, 1814 — 37 Sess. Tol. 3. 219. ♦ This act revives and continues in force one year, "an act relative to pilots of the port of New- York," April 10, 1813, 2 Rev. L. p. 461. An Act to Incorporate the New- York Patent Oil Company ; pass- ed April 15, 1814—27 Sess. vol. 3. 216. An Act for the payment of Certain Officers of Government and other purposes; passed April 15, 1814 — 37 Sess. vol. 3. 250. By the twenty-fifth section any alderman or special justice in the citv of New- York, may execute certain duties of coroner, and by the forty-second section a certain room in the city-hall to be furnished at the expense of the state. The duties imposed upon all aldermen or special justices by this section, are enlarg-ed, 2 Rev. S. p. 743, sec. 9. An Act concerning Vessels in the Port of New-York ; passed Oc- tober 24, 1814—38 Sess. vol 3. 25. This act empowers the mayor, aldermen, and commonalty of the city of New- York, to remove vessels lying or being m the harbour or port of New- York. The act expressly limits its power to '* during the present war with Great Britain. (56 TITLES OF ACTS. An Act 10 provide for the Repayment of certain sums of money, advanced by the Corporation of the City of New- York, for the de- fence of this State and for other purposes ; passed October 24, 1814 —38 Sess. vol. 5. 30. V V An Act in addition to the act relative to the next Term of the Supreme Court, and to postpone the November Sittings in the City of New-York; passed October 24, 1814—38 Sess. vol. 3. 34. An Act to enable the Trustees of the Presbyterian Church in Cedar-street, in the City of New-York, to hold Real and Personal Estate to the annual value or income therein mentioned ; passed February 17, 1815—38 Sess. vol. 3. 39. Not exceeding five thousand dollars. An Act to Incorporate the Butcher's Benevolent Society of New- York ; passed March 3, 1815—38 Sess. vol. 3. 59. This act is revived and continued fifteen years by the act of April, 1831, p. 190. An Act to Incorporate an Association for the Relief of respect- able, aged, indigent Females in the Citv of New- York ; passed March 19, 1815—38 Sess. vol. 3. 74. An Act relative to the United Insurance Company in the City of New-York, and for further extending the period limited by law for the expiration thereof; passed March 17, 1815. Until the first day of May, 1835. An Act to amend an Act, entitled, an Act to Incorporate the Eagle Fire Company of New-York; passed March 24, 1815 — 38 Sess. vol. 3. 78. Authorized to execute policies, &c. without tljeir seal. An Act to amend the Act, entitled, an Act to Incorporate. the Firemen of the City of New-York as an Insurance Company ; pass- ed March 31, 1815—38 Sess. vol. 3. 110. Same as last and other matters. An Act apportioning the Members of Assembly of this state ac- cording to the rule prescribed bv the Constitution ; passed April 8, 1815—38 Sess. vol. 3. 143. By the first section New- York has eleven members. An Act to amend an act, entitled, an act for regulating Elec- tions; (passed March 20, 1813) ; passed April 11, 1815— 38 Sess. vol. 3. 146. The three sections repeal the act of March 29, 1813, so far as relates to the city and county of New- York; and this act is repealed by the repealing act of Dec. 10, 1828, 3 vol. Rev. S. p. 129. TITLE OF ACTS. 67 An Act concerning Distresses for rent in the City and County of New- York ; passed April 11, 1815—38 Sess. vol. 3. 156. Repealed by the repealing act of Dec. 10, 182G, 3 Rev. S. 3 vol. p. 129. An Act altering the time of Electing Charter Officers in the City of New-York; passed April 11, 1815—38 Sess. vol. 3. 160. Repealed by the repealing act of April 7, 1830, 4 sec. Vide "New-York," charter of. An Act to amend an act, entitled, an Act relative to the Court of Probates, the office of Surrogate, and the granting of Administra- tions; passed April 11, 1815—38 Sess. vol. 3. 161. It provides for the appointment of a public administrator, and details his du- ties. T,his act repeals the seventeenth, eighteenth, nineteenth, twentieth, twen- ty-first, and twenty-second sections of the act of April 8, lol.S, 1 Rev. L. p. 444, and the twenty-ninth-section of the act to reduce the severnl laws relating parti- cularly to the city of ISew-York, into one act; passed April 9, 1813, 2 vol. Rev. L. p. 342. An Act relative to Bastard Children in the City of New-York; passed April 11, 1815—39 Sess. vol. 3. J63. The act authorizes the commissioners of the almshouse to compromise with the putative fathers of bastard children. Repealed by the repealing act of Dec. 10, 1828, Rev. S. 3 vol. p. 129. An Act to enable the Mayor, Recorder, and Aldermen of the City jof New-York, to raise Money bv Tax ; passed April 11, 1815 — 3S Sess. vol. 3. 164. One hundred and eighty thousand dollars. An Act to Incorporate the National Insurance Company; passed April 14, 1815—38 Sess. vol. 3. 173. Amended by the act of April 14, 1815, p. 8. An Act to incorporate the Pacific Insurance Company; passed April 14, 1815— 3S Sess. vol. 3. 179. This act is amended by the act of March 20, 1827, authoriEing a reduction of the shares of th6 stock of the company. Laws of 1827, p. 97. An Act respecting the four great Senatorial Districts of this State; passed April 17, 1815—38 Ses». vol. 3. 209. By the first section of this act the southern district, the city and county of New-York, the counties of Kinjrs, Queens, Suftblk, Richmond, Westchester, Putman, Dutchess, and Rockland shall elect six senators. An Act to amend an act, entitled, an Act for the Repacking and Inspecting Beef and Pork and for other purposes ; passed A ril 18, 1815—38 Sess. vol. 3. 238. This act directs the inspection of beef and pork, to be made in stores and not elsewhere in the city of New-York. The act repeals the act of March 12, 1813, relating to the repacking- and inspection of beef and pork, 2 Rev. L. p. 324, and is repealed by the repealinj^ act of Dec. 10, 1828, 3 Rev. S. 3 vol. p. 129. ^a TITLE OF ACTS, An Act to continue in forcie an act, entitled, an Act relative to the Pilots of the Port of New- York ; passed April 18, 1815 — 38 Sess. vol. 3. 249. Reviving and continuing the act relative to pilots of the port of New-York; passed April 10, 1813,2 Rev. L. p. 462, until the first day of April, 1818. An Act to extend the act, entitled, an Act to Incorporate the Phoe- nix Insurance Company, of New- York ; passed April 18, 1815 — 38 Sess. vol. 3. 256. This act repeals the act of March 25, 1814, chap. 59, p. 56. An Act to Incorporate the Fulton Steam Boat Company ; pass- ed April 18, 1815—38 Sess. vol. 3. 256. An Act to amend an act, entitled, an Act to Incorporate the Na- tional Insurance Company in the City of New-York ; passed April 14, 1815—39 Sess. vol.4. 8. An Act to amend an act, entitled, an Act to Incorporate the Pa- cific Insurance Company of New-York ; passed April 5, 1816 — 39 Sess. vol. 4. 70. An Act to enable the Mayor, Recorder, and Aldermen of the City of New-York to raise Money by Tax ; passed April 5, 1816 —39 Sess. vol. 4. 75. One hundred and sixty-thousand dollars. By the fifth section of this act it is declared, that the third section of the act, entitled, an act for the assessment and collection of taxes, does not apply to the city of New-York, but that the assess- ment shall be yearly made under the annual tax laws of the city. An act relative to the duties and powers of Commissioners of Es- timate and Assessment on opening streets and avenues ; passed April 5, 1816—39 Sess. vol. 5. 77. An Act to amend an act, entitled, an Act to Incorporate the Washington Insurance Company of the City of New- York; (passed March 13, 1814) ; passed April 12, 1816—39 Sess. vol. 4. 111. Authorized to execute policies, &:.c. without seal. An Act vesting in the Trustees of St. Peter's Church in the City of New-York, and State of New-York, all the Right and Title of the People of this State, in the Estate of Ann Eleanor Graham, deceased ; passed April 12, 1816 — 39 Sess. vol. 4. 117. An Act to amend the act, entitled, an ActV) Incorporate the Mu- tual Insurance Company of the City of New-York ; passed April 12, 1816-^39 Sess. vol. 4. 120. Authorizes to execute policies without seal. An Act to enable the Society of the New- York Hospital to erect TITLE OF ACTS. 69 a new Building for the accommodation of Insane Patients ; passed April 17, 1816—39 Sess. vol. 4. 235. An Act authorizing the Commissary General to fill up the ground adjoining the State Arsenal, in the City of New-York ; pass- ed November 12, 1816 — 40 Sess. vol. 4. 8. An Act to amend an act, entitled, an Act to Incorporate the New-York Manufacturing Company; (passed June 15, 1812); pass- ed February 21, 1817—40 Sess. vol. 4. 30. Altered to " the president and directors of the Phoenix Bank." An Act to amend an act, entitled, an Act authorizing the arrest of ships or vessels for debts, contracted by the Master, Owner, or Consignee, for and on account of such ships or vessels in this State ; (passed August 10, 1798:) passed February 28, 1817 — 40 Sess. vol. 4. 49. By the second section the justice's court of the city of New-York shall have jurisdiction of the matters contained in the act and the amendatory act. An Act for the relief of the Eagle Manufacturing Company ; passed February 28, 1817—4 vol. L. 50. An Act explanatory of the proviso in the second section of an act, entitled, an act further to amend an act, entitled, an act to incorporate the New-York Manufacturing Company ; passed Febru- ary 28, 1817 : passed March 28, 1817—4 vol. L. 84. Original act of incorporation passed June 15, 1812. Amended February 21, 1817, p. 30. An Act postponing for one week, the next Sittings appointed to be held in the City of New-York, and appointing an Oyer and Terminer and Circuit Court in the County of Chantauque ; passed March 21, 1817—4 vol. L. 99. An Act authorizing a loan of Money to the Trustees of the College of Physicians and Surgeons of the City of New-York ; passed March 21, 1817—4 vol. L. 100. An Act to incorporate the auxiliary New-York Bible and Common Prayer Book Society ; passed March 28, 1817 — 4 vol. L. 102. An Act to amend the act, entitled, an act to incorporate the Academy instituted in the City of New-York, for the promotion of the Arts ; passed March 28, 1817—4 vol. L. 114. An Act to authorize the Directors of the New-York Society of St. John, to alienate their real estate ; passed March 28, 1817 — 4 vol. L. 120. 70 TITLE OF ACTS. An Act respecting the Free School Society of Nfew-York ; passed April 5, 1817—4 vol. L. 150. Directing the application of surplus monies by the trustees. An Act to provide for the dissolution of incorporated Insurance^ Companies in the City of New^-York ; passed April 5, 1817 — 4 vol. L. 150. Repealed by the repealing act of December 10, 1828 — 3 Rev. Stat. p. 129. An Act to facilitate the intercourse between the Western part of this State and the City of New-York ; passed April 5, 1817 — 4 vol. L. 169. An Act to enable the Mayor, Recorder and Aldermen of the City of New-York to raise money by a tax ; passed April 5, 181T —4 vol. L. 179. Annual tax law, one hundred and eighty thousand dollars. An Act to incorporate the members of the religious Society of Roman Catholics, belonging to the Congregation of St. Peter's Church in the City and County of New- York ; passed April 11, 1817— 4 vol. L. 239. This act is amended by the act of April 3, 1821, p. 244. An Act to incorporate the New-York Female Assistant Society ; passed April 11, 1817—4. vol. L. 244. An Act to amend an act, entitled, an act to reduce several laws relating particularly to the City of New-York, into one act, passed April 14, 1817-4. vol. L. 273. This act relates to the appointment, duty and fees of pilots, and amends the two hundred and ninety-eighth section of the act to reduce the several laws relating particularly to the city of Nev/- York into one act — 2 Rev. Laws.- An Act to amend an act, entitled, an act to regulate the Culling of Staves and Heading; passed April 14, 1817 — 4 vol. L. 270. This act gives the fees of the inspector general and cullers of staves and heading in New-York, and repeals the sixth section of the law of March 26, 1813, and is repealed by the repealing act of December 10, 1828, 3 Rev. Stat, p. 270. Au Act to incorporate the members of the religious Society of Roman Catholics, belonging to the Congregation of St. Patrick's Cathedral in the City of New-York ; passed April 14, 1817 — 4 vol. L. 275. An Act to incorporate the Roman Catholic Benevolent Society in the City of New-York ; passed April 15, 1817—4 vol. L. 343. TITLE OF ACTS. 7j An Act for the relief of Ann Warner; passed February 10, 1818 — 4 vol. L. 6. This act relates to lot of ground in the city of New-York released by the Btate to. Ann Warner. An Act concerning the New- York Firemen Insurance Company j passed February 27, 1818 — 4 vol. L. 11. By this act the business of the company is to be closed and new stock created, and the act to incorporate the firemen of the city of New- York as an insurance company, passed March 2, 1810. And the act. entitled, an act to amend the act, entitled, an act to incorporate the firemen of the city of New-York, passed March 1, 1815, are to apply and are continued in force. An Act to incorporate the New-York Typographical Society ; passed February 27, 1818—4 vol. L. 13. The duration of this charter by the act is fifteen years. It was amended by the act of April 20, 1832, and revived and continued fifteen years. See laws of 1832, p. 337. An Act for the relief of Eliza Hatfield ; passed March 6, 1818 — 4 vol. L. 25. This act relates to certain real estate in the fourth ward of the City of New- York. An Act to enable the Presbyterian Church in Cedar Street, in the City of New-York, to hold real and personal estate to the annual value or income therein mentioned ; passed March 13, 1818 —4 vol. L. 33. An Act to incorporate the Franklin Fire Insurance Company ; passed March 13, 1818—4 vol. L. 34. An Act authorizing the appointment of Guagers and Inspectors of Fish Oils ; passed March 31, 1818—4 vol. L. By this act one inspector to be appointed for the city of New-York, whose jurisdiction is to include Brooklyn. The act is repealed by the repealing act of December 10, 1828—3 Rev. Stat. p. 129. An Act to incorporate the Union Insurance Companv ; passed March 31, 1818 -4 vol. L. 63. • An Act further to amend an act, entided, an act to incorporate the Stockholders of the New-York Insurance Company ; passed April 10, 1818—4 vol. L. 84. An Act to incorporate the Mercantile Insurance Company of New-York ; passed April 10, 1818 — 4 vol.L. 89. An Act to incorporate the Young Men's Missionary Society of New-York ; passed April 10, 1818— 4 vol. L. 119. 72 TITLE OF ACTS. An Act to incorporate the New-York Benevolent Society ; passed April 15, 1818— 4 vol. L. 134. An Act to revive an act, entitled, an act to incorporate the Society of Teachers, in the City of N«w-York, for benevolent and literary purposes; passed April 15, 1818 — 4 vol. L. 137. An Act concerning the seal of the Court of Common Pleas, called the Mayor's Court of the City of New-York ; passed April 15, 1818— 4 vol. L. 144. An Act to vest certain powers in certain judges of the Courts of Common Pleas, and for other purposes; passed April 20, 1818 —4 vol. L. 173. By the last section judges of the supreme court who shall reside in New- York entitled to fees for chamber business. This act is repealed by the act of December 10, 1828—3 Rev. Stat. p. 129. An Act to incorporate the Lyceum of Natural History in the City of New-York ; passed April 20, 1818—4 vol. L. 176. An Act to enable the Mayor, Recorder and Aldermen of the City of New-York, to raise money by a tax ; passed April 20, 1818—4 vol. L. 190. Annual tax law two hundred and fifty thousand dollars. An Act for the relief of the corporation of the United German Lutheran Churches in the City of New- York ; passed April 20 1818— 4 vol. L. 195. An Act relative to the Commissioners of excise in the City of New-York ; passed April 20, IS18— 4 vol. L. 208. An Act authorizing the Health Commissioners of the City of New-York, to lay out a road on Staten Island ; passed April 20, 1818— 4 vol. L. 210. An Act to organize the Militia ; passed April 21, 1818 — 4 vol. L. 210. This act, from the forty-sixth section to the sixtieth and last section, relates to the city of New-York, and repeals all former acts relating to the same subject. This act is repealed by the repealing act of December 20, 1828 — 3 Rev. Stat. p. 129, and all acts amending the same and relating to the subject matter thereof. An Act to amend an act, entitled, an act concerning distresses, rents and renewal of leases ; passed April 5, 1813; passed April 21, 1818— 4 vol. L. 235. Repealed April 13, 1820, session 43, p. 176. An Act for the preservation of Heath Hens, Partridge, Quail, and Woodcocks ; passed April 21, 1818—4 vol. L. 265. 'riTLE OF ACTS. 73 This act repeals all former acts upon the same subject, and is repealed by the act of December 10, 1828 — 3 Rev. L. p. 129. Vide title ^'g-ame" in this volume. An Act to incor]V)rate the President, Directors, and Company of the Franklin Bank, of the City of New- York; passed April 21, 1818— L. 272. An Act to amend an act, entitled, an act to facilitate the inter- course between the western part of this State and the City of New- York ; passed April 21, 1818— L. 283. Commis.-ioners of the Milford and Owego road, by this act are anthorized to draw a lottery in the city of New-York. An Act modifying the act, entitled, an act to extend the jurisdic- tion of justices of the peace, as it respects the City of New-York, and for other purposes ; passed April 21, 1818 — L. 287. An Act to continue in force an act, entitled, an act relative to the Pilots of the Port of New-York ; passed April 21, 1818— L. 288. The original act of which this act is amendatory, was passed April 10, 1813, 2 Rev. Laws, p. 461. An Act for the relief of the Trustees of the third Congregation of the Associate Reformed Church, in the City of New-York ; passed February 5, 1819 — L. 8. May have an annual income not exceeding- ten thousand dolhirs arising from their real and personal estate. An Act relative to Columbia College in the City of New-York ; passed February 19, 1819— L. 26. The act to which this is amendatory was passed April 13, 1814, p. 142. An Act to amend an act, entitled, an act to incorporate the Franklin Fire Insurance Company; passed February 19, 1819 — L. 28. By this act the company are authorized to dispense with the use and applica- tion of their corporate seal to contracts. An Act to enable the Minister, Elders and Deacons, of the Re- formed Protestant Dutch Church in Garden Street, in the City of New-York, to hold real and personal estate of the annual value or income therein mentioned ; passed March 5, 1819 — L. 30. Not exceeding ten thousand dollars. An Act to enable the Trustees of the New- York Society Library to increase the yearly sums payable on the shares of the said Library ; passed March 5, 1819 — L. 33. An Act to amend the act, entitled, an act to provide for the 10 74 TITLE OF ACTS. incorporation of Religious Societies; passed March 5, 1819 — L. 34. First section relates to Episcopal churches. Second section remedies certain defects in incorporations then in existence. Third section authorizes all reli- j^ious incorporations in New-York, to hold real ^nd per^nal estate of the an- nual income or value of six thousand dollars. An Act to incorporate the Baptist Education Society of the State of New-York ; passed March 5, 1819— L. 36. An Act for the relief of the Free School Society in the City of New-York ; passed March 26, 1819— L. 70. Five thousand dollars granted to the trustees of said Society. An Act to incorporate the Fulton Fire Insurance Company in the City of New- York ; passed April 2, 1819— L. 92. An Act to incorporate the Merchants Fire Insurance Company ; passed April 2, 1S19— L. 97. An Act to enable the Mayor, Recorder and Aldermen of the City of New-York, to raise money by tax ; passed April 7, 1819 — L. 119. Annual tax law two hundred and fifty thousand dollars. An Act for incorporating the Ocean Steam Ship Company ; . passed April 7, 1819— L. 128. An Act to incorporate the Mechanic Fire Insurance Company of the City of New-York ; passed April 7, 1819 — 42 session, laws of 1819, p. 131. An Act to provide for the Inspection of Hops ; passed April 9^ 1819— Ibid. 144. This act authorizes the s-overnor and senate to appoint an inspector of Hops in the cities of New-York and Albany, and directs the manner of inspection and the penalties for neglect, &c. It is repealed by the repealing act of December 10, 18'28— SRev.Stat. 129. An Act to aid the Erection of Places of Worship at the Quaran- tine Ground, on Staten Island ; passed April 9, 1819 — Ibid. 150. An Act to enable the Minister, Elders, and Deacons of the Re- formed Protestartt Dutch Church in the City of New-York, to hold Real and Personal Estate of the annual value or income therein mentioned; passed April 9, 1819 — Ibid. 157. Twenty-five thousand dollars. An Act respecting the Female Association ; passed April 12, 1819— Ibid. 216. TITLE OF ACTS. 75 An Act to incorporate the New-York Evangelical Missionary So- ciety ; passed April 12, 1819— Ibid. -218. An Act to incorporate the United Benevolent Society of Tailors of the City of New- York ; passed April 12, 1819— Ibid. 227. An Act to incorporate the Society for Promoting the Gospel among Seamen in the Port of New-York ; passed April 13, 1819 —Ibid. 235. An Act to incorporate the Wesleyan Seminary ; passed Apnl 13, 1819— Ibid. 249. An Act relative to Harman-street in the City of New- York ; passed April 13, 1819— Ibid. 255. An Act relative to Lotteries ; passed April 13, 1819 — Ibid. 258. This act applies to the city of New- York ; and by the provisions of the act, half the fines for offences committed in the city and county of New-York are to be divided between the Institution for the Deaf and Dumb and the Free School So- ciety of the city of New- York. It repeals all former acts relating- to lotteries, and is itself repealed by the repealing- act of December 10, 1828 — 3 Rev. L. I'^y. An Act to incorporate the " French Benevolent Society" ; passed April 13, 1819— Ibid. 273. An Act to amend an Act, entitled, an Act to organize the Militia ; passed April 13, 1819— Ibid. 282. This act repeals the act, entitled, " an act to org-anize the militia,'" passed April 21, 1818, (p. 210,) so far as it relates to the city of New-York; and is repealed by the repealing act of December 10, 1828 — 3 Rev. L. 129. The first seventeen sections apply to the city of New-York. An Act to amenu an Act, entitled, an Act to reduce the several Laws relating f)articularly to the City of New-York into one Act, so far as it relates to Assistant Justices ; passed January 4, I 820 — 43 session, laws of 1 820, p. 4. See the repealing act of December 10, 1829 — 3 Rev. Stat. 129, No. 293. An Act to enable the Corporation of the First Baptist Church in the City of New-York to Sell and Convey the Land therein describ- ed ; passed January 21, 1820 — Ibid. 10. An Act for' the Relief of the Devisees of Joseph Watkins, de- ceased ; passed January 28, J 820 — Ibid. 12. This act relates to ground and improvements thereon in the eighth ward of tha city of New-York. An Act to incorporate the Cartmen's Benevolent Society of the City of New- York ; passed January 28, 1820— Ibid. 17. An Act for the Relief of Charles Reade ; passed January 28, 1 820 —Ibid. 24. 76 TITLE OF ACTS. Relating to a house and lot in William-street, New-York. An Act to amend an Act, entitled, an Act relative to Lotteries, (passed April 13, 1819) ; passed January 28, 1820— Ibid. 24. This act repeals part of tiie 9th, 10th, and 1 Itk sections of the act of April 13, 1819, (p. 258,) which requires venders of tickets, residing- in Albany, Hudson, Schenectady, and Troy, or in any town or county in this state, to take out a li- cense. It is repealed by the repealing act of Dec. 10, 1828 — 3 Rev. St. 129. State ofSce of the managers established in New-York. An Act to amend the Act to provide for the Inspection of Dis- tilled Spirits ; passed April IS, 1814— Ibid. 47. This act is repealed by the repealing act of December 10, 1828 — S Rev. L. 129. An Act to enable the Mayor, Recorder, and Aldermen of the City of New- York to raise Money by Tax ; passed March 10, 1820 — Ibid. 69. Annual tax law. Two hundred and fifty thousand dollars. An Act to incorporate the North River Steam Boat Company ; passed March 10, 1820— Ibid. 72. An Act to authorize the Rector, Churchwardens, and Vestrymen of Trinity Church in the City of New-York, to sell certain real estate ; passed March 24, 1820— Ibid. 76. An Act to incorporate the Consistory of the Reformed Presbyte- rian Church, in the City of New-York ; passed March 24, 1820 — Ibid. 81. Income not to exceed five thousand dollars. An Act concerning the Bank of Savings in the City of New-York ; passed March 24, 1820— Ihid. 93. An Act relative to the Common Lands of the Freeholders and Inhabitants of Harlfem ; passed March 28, 1820— Ibid. 96. An Act relative to the Roman Catholic Benevolent Society in the City of New-York ; passed April 1, 1820— Ibid. 117. An Act to aid the Erection of a Place of Worship at the Quar- antine Ground, on Staten-Island ; passed April 11, 1820 — Ibid. 160. An Act relative to the State Prison at New-York; passed April 12,1820— ibid. 169. An Act to amend an Act, entitled, an Act concerning Distresses for Rent and Renewal of Leases, (passed April 5, J 813,) and for other purposes; passed April 13, 1820 — Ibid. 176. This act repeals the act of April 21, 1818. The fourth section relates particu- larly to the city of New-York, and gives the construction to certain ag-reemenfs where the time is not snecified, &c. The act is repealed by the repealing^ act of December 10, 1829—3 Rev. Stat. 129. TITLE OF ACTS. 77 An Act to provide against Infectious and Pestilential Diseases ; passed April 14, 1820— Ibid. 208. This act applies to the city of New-York, and repeals all former laws that come within the purview of it. An Act making an appropriation for the Support of the New-York and Auburn State Prisons, and for other purposes ; passed April 14, 1820— Ibid. 250. Fifteen thousand dollars appropriated to the New-Tork state prison. An Act to amend an Act, entitled, an Act relative to the General Society of Mechanics and Tradesmen of the City of New-York, (passed April 3, 1811) ; passed January 26, 1821 — 44 session, laws of 1821, p. 10. Authorized to establish " The Mechanics' School," and " The Apprentices' Library." An Act to amend an Act, entitled, an Act concerning the New- York Firemen Insurance Company ; passed February 27, 1821 — Ibid, 14. Reducing- the stock to 300,000 dollars, and altering' the name to " The Hope Insurance Company." An Act to amend an Act, entitled, an Act to incorporate the Fulton Fire Insurance Company in the City of New-York ; passed January 29, 1821— Ibid. 16. An Act for the establishment of a Court of Common Pleas in the City and County of New-York, and for the appointment of a First Judge of the same ; passed February 27, 1821 — Ibid. 64. This act is repealed by the repealing- act of December 10, 182o, (3 Rev. S(af. 64,) except the 9th and lOlh sections, fixing the salaries of the major and recorder, which see in the volume. An Act to incorporate the New-York Nautical Institution and Ship Masters' Society; passed March 23, 1821 — Ibid. 116. An Act to incorporate the Manhattan Fire Insurance Company in the City of New-York ; passed March 23, J 821— Ibid. 130. An Act to amend an Act, entitled, an Act to provide for the Dis- solution of incorporated Insurance Companies in the City of New- York, (passed April 5, 1817) ; passed March 23, 1821— Ibid. 141. Repealed by the repealing act of December 10, 1828 — 3 Rev. St^. 129. An Act respecting the Sealers and Inspectors of Weights and Measures in the City.of New-York ; passed March 27, 1821 — Ibid. 150. The 2d and 3d sections of the act repealed by the act of December 10, 1828 —3 Rev. Stat. 129, ^329. 78 TITLE OF ACTS. An Act to Repeal the Seventh Section of the Act therein men- tioned ; passed March 27, 1821— Ibid. 155. Relating to assistant jusUces in New-York. An Act to amend an Act, entitled, ah Act for the establishment of a Court of Common Pleas in the City and County of New-York, and for the appointment of a First Judge of the same ; passed March 30, 1821— Ibid. 179. Repealed by the act of December 10, 1828—3 Rev. Stat. 129. An Act relative to the Public Administrator in the City of New- York ; passed March 31, 1821— Ibid. 187. Repealed by the act of December 10, 1828—3 Rev. Stat. 129. An Act concerning State Prisons ; passed April 2, 1821 — Ibid, 215. An Act to amend an Act, entitled, an Act to incorporate the Mem- bers of the Religious Society of Roman Catholics belonging to the Congregation of St. Peter's Church in the City and County of New- York, (passed April 11, 1817) ; passed April 3, 1821— Ibid. 244. The act incorporating- the Society of Roman Catholics may be found in the lawsof 1817, Aprilll, p. 239. An Act to incorporate the North River Insurance Company in the City of New-York ; passed February 26, 1822 — 45 session, laws of 1822, p. 16. An Act for the Relief of the Trustees of the Bethel Baptist Church in the City of New-York; passed February 8, 1822 — Ibid. 21. An Act to incorporate the Farmers' Fire Insurance and Loan Company; passed February 28, 1822 — Ibid. 47. . An Act to incorporate the New-York Mechanic Life Insurance and Coal Company ; passed February 28, 1822 — Ibid. 54. An Act to continue in force the Act to incorporate the Ancient Britons' Benefit Society of the City of New-York ; passed March 22, 1822— Ibid. 75. Chartered the 27th of February, 1807 — continue22, as is inconsistent with this act. Repealed by the repealing act of December 10, 1828 — 3 Rev. Stat. 129. An Act to amend an Act, entitled, an Act for the Inspection of Flaxseed, and to regulate the Exportation thereof, (passed April 5, 1822) ; passed April 13, 1825—48 Sess. 232. Repealed by the repealing act of December 10, 1828 — 3 Rev. Stat. 129. An Act to revive and continue the Act, entitled, an Act to in- corporate the German Society in the City of New-York, (passed April 6, 1804 ;) passed April 14, 1825—48 Sess. 242. Annual income not to exceed 3000 dollars ; continued without limit. An Act to alter the name of the Baptist Church in Fayette-street in the City of New- York; passed April 14, 1825 — 48 Sess. 243. An Act to incorporate the New-York La Fayette Insurance Com- pany ; passed April 14, 1825—48 Sess. 244. An Act to incorporate " The Association of the New-York While Lead Works;" passed April 15, 1825—48 Sess. 253. An Act relative to the Jail and Public Prisons in the City of New- York ; passed April 15, 1825—48 Sess. 270. This act authorizes the common council to remove the prisoners from the jail, bridewell, and penitentiary, in case of pestilence and fire. Repealed by the repealing act of December 10, 1828 — 3 Rev. Stat. 129. An Act to enable the Masonic Lodges to take and hold Real Estate for certain purposes ; passed April 16, 1825 — 48 Sess. 278. By this act provision is made for erecting a general hall in the city of New- York for the accommodation of the several lodges and chapters in the said city. An Act to Equalize and increase the number of Wards in the City of New-York ; passed April 16, 1825—48 Sess. 286. By this act the number of wards are increased to twelve, and the boundaries of each given. An Act in addition to the several Acts regulating Sales by Auc- tion ; passed April 16, 1825 — 48 Sess. 286. This act authorizes the appointment of twelve additional auctioneers for th« city of New- York, and is repealed by the repealing act'^of Dececnber 10, 1828— 3 Rev. Stat. 129. TITLE OF ACTS. 69 An Act to enable the Mayor, Aldermen and Commonalty of the City of New-York to raise Money by Tax ; passed April 18, 1825 — 48 session, laws of 1825, p. 295. Three hundred thousand dollars. An Act to incorporate the New-York Mount Hope Loan Com- pany ; passed April 18, 1825-— 48 Sess. 296. An Act to incorporate the American Fire Insurance Company in the City of New-York ; passed April, 1825—48 Sess. 316. An Act to incorporate the Firemen's Insurance Company in the City of New-York; passed April 18, 1825—48 Sess. 322. An Act to revive an Act, entitled, an Act to incorporate the So- ciety in the City of New-York for the relief of Poor Widows with Small Children, (passed April 25, 1810) ; passed April 20, 1825 — 48 Sess. 401. This act revives the act of 1810, and the forfeiture that had occurred in conse- quence of ihe expiration of the act, by the third section, is remitted. Continued to the first of May, 1845. An Act to amend an Act, entitled, an Act for the Inspection of Lumber, (passed March 27, 1807); passed April 21, 1825—48 Sess. 407. Repealed by the repealing act of December 10, 182G — 3 Rev. Stat. 129. An Act to amend the Act to Organize the Militia, (passed April 23, 1823); passed April 21, 1825—48 Sess. 412. By the 3d, 5th, and 6th sections special provision is made in relation to the horse artillery and infantry in the cily and county of New-Yoik ; and by the 7lh section parts of (he acts of April 23, 1823, and November 18, 1824, are repealed. It is repealed by the repealing- act of December 10, 1828 — 3 Rev. Stet. 129. An Act to incorporate the New-York Crown and Cylinder Glass Manufacturing Company ; passed April 21, 1825 — 48 Sess. 421. An Act further to amend the Act, entitled, an Act for the Repack- ing and Inspection of Beef and Pork ; passed April 21, 1825 — 48 Sess. 437. This act repeals so much of the act of March 12, 1813, and all other acts amending the same, as comes within the purview of this act, and is itself expressly repealed by the act of December 10, 1828—3 Rev, Stat. 129. An Act in addition to an Act, entitled, an Act in relation to certain Protests and Services of Notices in the City of New-York, (passed April 22, 1823) ; passed January 21, 1826 — 49 session, laws ofl&26, p. 12. Repealed by the repealing act of December 10, 1828^—3 Rev. Stat. 129. An Act to authorise the High School Society of New-York to in- 12 90 TITLE OF ACTS. crease their capital stock ; passed February 3, 1826 — 49 session, laws of 1826, p. 24. The act of incorporation was passed April 4, 1825, p. 107. An Act for renewing and continuing in force an Act, entitled, an Act to incorporate the New-York Historical Society, (passed Feb- ruary 10, 1809 ; passed February 10, 1826--49 Sess. 29. Continued to February 10, 1339. An Act to repeal certain parts of the Act, entitled, an Act further to amend the Act, entitled, an Act for the Repacking and Inspec- tion of Beef and Pork ; passed February 24, 1826 — 49 Sess. 40. Repealed by the repealing act of December 10, 1828—3 Rev. Stat. 129. An act to incorporate "The New-York Crown Glass Manutac- turing Company;" passed March S, 1 826-— 49 Sess. 49. An Act relating to the State Prison now building at Mount Plea- sant, in the County of Westchester; passed March 11, 1826 — 49 Sess. 54. Provision is made in this act to remove sick and infirm convicts, who are unable to work, to the state prison in New-York. Tlie act is repealed by the repealing act of December 10, 1828, (3 Rev. Stat. 129,) but which had before become ob- solete by the removal of the state prison in the city of New-York. An Act to incorporate the New-York Carpenters' Architectural and Benevolent Association ; passed March 14, 1826 — 49 Sess. 56. An Act to enable the Mayor, Aldermen, and Commonalty of the City of New-York to raise Money by Tax ; passed March 28, 1826 49 Sess — 75. Three hundred and fifty thousand dollars. An Act to amend an Act to incorporate the La Fayette Insu- rance Company of the City of New-York, (passed April 8, 1825) ; passed April 5, 1826—49 Sess. 90. The company was incorporated by the act of April S, 1825, p. 144. An Act for the relief of the New-York Dry Dock Company ; passed April 6, 1826—49 Sess. 91. Original act passed April 12, 1825. Amended by the act of April 29, 1829 ; and further amended by the act of April 22, 1831, p. 292. An Act to amend the Act relating to Common Schools in the City and County of New-York, (passed November 19, 1824) ; pass- ed April 8, 1826—49 Sess. 93. By the act passed November 19, 1824, (p. 827,) the act of the 12th of March, 1612, and all other acts relating to the same subject matter, are repealed ; »nd thii act is repealed by the repealing act of December 10, 1828 — 3 Rev. Stat. 1«0. TITLE OF ACTS. 91 An Act to incorporate the North American lusurance Company j passed April 13, 1826—49 session, laws of 1826, p. 168. Amended laws of 1327, p. 27. An Act for the relief of the Hope Insurance Company ; passed April 14, 1826—49 Sess. 225. An Act requiring- the Clerk of the City and County of New- York to give bond for the faithful appropriation of moneys coming into his hands ; passed 17, 1826—49 Sess. 265. Repealed by the repealing act of December 10, 1828, (3 Rev. Stat. 129,) and tLe substance of the act incorporated in the Rev. Stat. — see this vol. title '* Clerk'' of the city and county of JNew-York. An Act to amend an Act to incorporate the Madison Marine In- surance Company in the City of New-York, (passed April 8, 1825) ; passed April 17, 1826—49 Sess. 269. An Act to incorporate the St. Andrew's Society of the State of New- York; passed April 17, 1826—49 Sess. 269!^ An Act to provide for cases where there may be an Equality of Votes for Members of Assembly, and where a Vacancy may occur by the Death of a Member ; passed April 17, 1S26— 49 Sess. 279. The 4th section applies lo the city of New-York, and provides for cases of equality of votes and vacancies by death. Repealed by the repealing- act of December 10, 1828 — 3 Rev. Stat. 129. An Act providing for the appointment of Inspectors of Sole Leather in the Counties therein mentioned ; passed April 17, 1826 —49 Sess. 283. This act is not in the repealing- act of December 10, 1823, (3 Rev. Slat. 12J*,) nor is it lo be found in the list of acts in force. The substance of the act is in- corporated in the revision, and the act referred to — Vide title *• Sole Leather" in this volume. The 3d and 4th sections of Ihe act relate to the city and county of Ne^v-York. An Act making appropriations for the State Prisons at New- York and Auburn, and for other purposes ; passed April 17, 1826 —49 Sess. 284. An Act for the relief of Jane Reid, and for other purposes ; passed April 17, 1826—49 Sess. 307. By the second section of the act the snperintendant of the almshouse in the city of New-York is made trusfee for Jane Reid. An Act to incorporate the New-York Athenaeum; passed April 17, 1826— 49 Sess. 312. An Act for the apportionment of Members of the House of As* sembly of this State, and for the arrangement of the Senate Dis- tricts ; passed April 18, 1826—49 Sess. 335. »ja TITLE OF ACTS. By the first section uf ihe act the city and county of Ne\r-Ywk is entitled lo eleven members. Repealed by the repealin^j act of December 10, 1828 — 3 Rev. Stat. 129. An Act to incorporate the NewYorkj^nd Harlaem Spring Water Company; passed April 18, 1826 — 49 Sess. 337. An Act to continue in force the act for the relief of the Eye In- firmary of the City of New-York ; passed April 18, 1826 — 49 Sess. 341. Amended by the act of April 12, 1824, p. SOS. An Act to incorporate the Harleem Canal Company ; passed April 18, 1826—49 Sess. 269. Amended by the act of April 13, 1827, p. 234. An Act for the relief of. the New-York Equitable Insurance Com- pany ; passed January 23, 1827 — 50 Sess. 11. * An Act to incorporate the Neptune Company of New- York ; passed January 23, 1827—50 Sess. 12. An Act to incorporate the Society of the Friendly Sons of St Pa- trick in the City of New-York ; passed February 13, 1827 — 50 Sess. 27. An Act to authorize the Executors of Peter Schermerhorn, de- ceased, to become purchasers of his real estate ; passed February 20, 1827— 50 Sess. 29. An Act further to amend the act, entitled, an Act for regulating Trials of Issues and for returning able and sufficient jurors ; passed February 20, 1827—50 Sess. 29. The second section relates to New- York. Repcoled by the repealing^ act of December 10, 1828, 3 Rev. L. p. 129. An Act to incorporate the American Gas Light Company ; passed March 17, 1827—50 Sess. 62. An Act to incorporate the New-York Female Asylum Society for Lying in Women ; passed March 19, 1827 — 50 Sess. 71. An Act extending the time allowed the Nqrth American Insu- rance Company' to fill up their Capital Stock ; passed March 26, 1827—50 Sess. 79. An Act relative to the Saving's Bank in the City of New-York ; passed March 29, 1827—50 Sess. 87. Corporation authorized to vest money in certain cases by this act. An Act to amend an act, entitled, an Act to incorporate the Pa- TITLE OF ACTS, 93 cific Insurance Company of New-York ; passed March 30, 1827 — 50 Sess. 97. The amount of shares in the company reduced by this act from fifty dollars to twenty-five dollars. An Act to Incorporate the Manhattan-Ville Free School, in (he twelfth Ward, in the city of New-York ; passed March 30, 1827 — 50 Sess. 103. An Act to amend the act, entitled, an act to reduce the several laws relating- particularly to the City of New-York into one act ; (passed April 9, 1813); passed March 30, 1827 — 50 Sess. 104. This act increases the number of harbour masters in the city and county of New-York, from two to three, which was the number desig:nated by the act of April 9, 1813, Rev. L. vol. 2 p. 447. This act is repealed by the froneral repeal ins act of December 10,1829, 3 Kev. S. p. 129. An Act to incorporate the Trustees of the Yorkville School, in the twelfth Ward of the City of New-York ; passed April 2, 1827 —50 Sess. 114. An Act incorporate the Trustees of the Harlsem School, in the twelfth Ward of the City of New-York; passed April 2, 1827—50 Sess. 119. An Act to authorize Daniel Crommelin Verplank to sell and con- vey a certain House and Lot, in the City of New-York ; passed April 2, 1827—50 Sess. 126. An Act authorizing^ the Mayor, Aldermen, and Commonalty of the City of New-York, to take possession of certain Lands; passed April II, 1827—50 Sess. 210. For a market in Canal -street. An Act requiring Sheriffs to renew their Security to the People of this State ; passed April 12, 1827 — 50 Sess, 218. Repealed by the repealing act of Dec. 10, 1828, 3 Rev. S. p. 129. An Act to enable the Mayor, Aldermen, and Commonalty of the City of New-York to raise Money by Tax; passed April 13, 1827 —50 Sess. 230. Four hundred thousand dollars. An Act to amend an act, entitled, an Act to incorporate the Harisem Canal Company; (passed April 18, 1826) ; passed April 13, 1827—50 Sess. 234. By the act incorporating the company, the canal is to be constructed within two years. By this act the time for completing the canal is extended so far ai the directors shall deem necessary. 94 'title of acts. An Act concerning the Clerks of the Supreme Court ; passed April 13, 1827—50 Sess. 245. This act g-ives the judges of the supreme court residing in New-York, the same fees as the recorder for certain services. BepeaJed by the repealing act of December 10, 1828, 3 Rev. S- p, 159. v An Act for the Relief of the seventh Presbyterian Church and Congregation of the City of New- York ; passed April 14, 1827 — 60 Sess. 252. An Act extending the Jurisdiction of the Court of Common Pleas, in and for the City and County of New-York, and amending^ and declaratory of the law in certain cases; passed April 14, 1827 —50 Sess. 257. Repealed by the repealing act of Dec. 10, 1828, 3 Rev, S. p. 129. An Act to authorize the appointment of an Assistant Justice and Clerk, of the ninth and eleventh Wards of the City of New- York ; passed April 14, 1827—50 Sess. 282. Repealed by the repealing act of December 10, 1828, 5 Rev. S. p. 129. But see 1 Rev. S. appendix, p. 116, L. of 1830, sec. 10. An Act to incorporate the New- York South American Steam- Boat Association; passed April 14, 1827 — 50 Sess. 308. An Act directing the mode of selecting Grand Jurors; passed April 16, 1827— 50 Sess. 312. The last sectionoif the act directs the mayor, recorder, and aldermen to prepare the jtiry-lisis the second Monday in Julv in each year. Repealed by the repeal- ing act of Dec. 10, 1S28, 3 Rev. S. p. 129. An Act for the Relief of the Rector, Churchwardens, and Ves- try-Men of the Protestant Episcopal Church of St. Stephens, in the City of New-York ; passed April 16, 1827— 50 Sess. 314. An Act further to amend an act, entitled, an act to incorporate the Trustees of the First. Protestant Episcopal Charity School, in the City of New-York; passed April 18, 1827— 50 Sess. 315. An Act in addition to the several acts concerning the Inspection of Pot and Pearl Ashes, of Flour, Beef, and Pork ; passed April 16, 1827—50 Sess. 323. The second section relates to the certificate of inspectors of flour in the city of New-York. Repealed by the repealing act of Dec. 10, 1828, 3 Rev. S. p. 129. An Act to prevent the sale of Tickets of Unathorized Lotteries, and to prevent the Forgery of Lottery Tickets ; passed April 16, 1827—50 Sess. 327. This act applies to the city of New-York, and repeals all acts and parts of acts repugnant to its provisions. Repealed by the repealing act of Dee. 10, 1828, 9 Rev. S. p. 129. TITLE OF ACTS. , ^5 An Act to incorporate the New-York and Brooklyn Railway Dock Company ; passed April 16, 1827 — 50 Sess. 335. An Act to incorporate the Harisem River Canal Company ; pass- ed April 16, 1828—50 Sess. 356. , This act is amended by the act of April 20, 1829, p. 29. An Act relative to the Mechanic Fire Insurance Company in the City of New- York; passed January 12, 1828 — 51 Sess. 6. An Act to incorporate the New- York Beneficial Society ; passed March 10, 1828—51 Sess. 49. An Act to amend the Charter of the Society of the New- York Hospital; passed March 20, 1828 — 51 Sess. 93. An Act relative to the Fulton Bank in the City of New- York ; passed March 21, 1828—51 Sess. 97. This act empowers the company to reduce their stock. An Act to incorporate the Fur Company of the City of New- York ; passed March 28, 1828—51 Sess. H 7. An Act to incorporate the National Acadertiy of Design ; pass- ed April 5, 1828—51 Sess. ^01. An Act for the relief of the Atlantic Insurance Company of New- York ; passed April 15, 1828-51 Sess. 273. An Act to alter the Organization of the Common Council of the 'City of New-York; passed April 18, 1828—51 Sess. 317. The provisions of this law did not take effect. It was submitted to the elect- ors, and rejected by them. An Act to incorporate the New-York St. Patrick's Friendly So- ciety ; passed April 1 8, 1 828—5 1 Sess. 323. Income not to exceed ^3,000 per annum. An Act to reduce the Capital Stock of the Jefferson Insurance Company of the City of New-York; passed April 19, 1828 — 51 Sess. 342. An Act to provide for die inspection of Leaf Tobacco in the City of New-York ; passed April 19,' 1828—51 Sess. 348. Repealed by the repealing act of Dec. 10, 1828, 3 Rev. S, p.l29. An Act further to amend the act, entitled, an Act to Incorporate the Trustees of the Marine Hospital, called '' The Sailor's Snug 96 TITLES OF ACTS. Harbour," in the City of New- York ; (pg^ssed April 25, 1814 ;) pass- ed April 19, 1B2S— 51 Sess. 351. Theorij^inal act incorporating the sailor's snug- harbour, was passed March 25, 1814, p. 78. An Act to incorporate the New- York and Boston Steain-Boat Company; passed April 21, 1828 — 51 Sess. 382. An Act for the relief of the Orphan Asylum Society, in the City of New-York; passed April 2,1, 1828—51 Sess. 391. Oricfinal act of incorporation ; passed April 7, 1807, and further amended by the act of April 1, 1828, p. , and by the act of April 12, 1832, p. 473. An Act for the relief of Ernest Elexis Dubois Vicomte de Cour- val, and Eugenie Victoire Francoise Soloma Xaviere Isabella, his wife; passed April 21, 1828—51 Sess. 405. Tliis act relates to land in the fourteenth ward of the city of New-York. An Act concerning the Public Administrator in the City of New- York ; passed April 21, 1828 — 51 session, laws of 1828, p. 415. Repealed by the repealing act of December 10, 1828, p. 129. An* Act to revive and amend the Act, entitled, an Act to incor- porate the Canal Insurance Company in the City of New-York ; passed April 21, 1828—51 Sess. 425. The original act was passed March 14, 1825, p. 47. An Act to incorporate the Hibernian Universal Benevolent So- ciety ; passed April 21, 1828 — 51 Sess. 444. An Act to incorporate the Screw Dock Company ; passed April 21, 1828—51 Sess. 481. An Act to incorporate the Contributors to the Northern Dispen- sary of the City of New-York; passed November 28, 1828 — 2d meeting of 51 session, p. 14. An Act to increase the number of Trustees of the Methodist Epis- copal Church in the City of New-York ; passed January 20, 1829, 52 session, laws of 1829, p. 76. An Act to incorporate the Harlaem Literary and Scientific Aca- demy ; passed January 24, 1829—52 Sess. 80. An Act to incorporate the Seamen's Bank of Savings in the City of New-York; passed January 21, 1829 — 52 Sess. 85. An Act to incorporate the Bakers' Benefit Society of the City of New-York; passed February 29, 1829 — 52 Sess 94. An Act to change the names of William Jauncy Thorn and James TlTtE OF ACTS. 97 Jauncy Thorn of ihe City of New-York ; passed February 27, 1829 — 52 session, laws of 1 829, p. 104. An Act relative to the National Insurance Company in the City of New- York ; passed April 16, 1829—52 Sess. 242. An Act to enable the Mayor, Aldermen, and Commonalty of the City of New-York to raise Money by a Tax ; passed April 17, 1829— 52Sess. 255. Four hundred and Fifty thousand dollars. An Act to revive an Act, entitled, an Act to incorporate the Or- phan Asylum Society in the City of New-York, (passed April 7, 1807) ; passed April 17, 1829—52 Sess.;258. The Orphan Asylum Society was incorporated April 7, 1807, (p. 23G); amend- ed by the act of March 30, 1811, (p. 175); and by the act of April 21, 1828, (p. 391) ; and also by the act of April 35, 1832, (p. 473.) An Act to amend an Act, entitled, an Act to incorporate the Har- laem River Canal Company; passed April 20, 1829—52 Sess.291. The origfinal act of incorporation of the Harlaem Canal Company was passed April 16, 1827, p. 356. An Act to incorporate the New-York African Clarkson Associa- tion. ; passed April 23, 1829 — 52 Sess. 380. An Act for the relief of the Heirs of William Jones, deceased ; passed April 25, 1829 — 52 Sess. 394. An Act in relation to Masters and Examiners in Chancery in the Cities of New-York and Albany ; passed April 25, 1829 — 52 Sess. 401. An Act to amend an Act, entitled an Act to incorporate the New- York Dry Dock Company, (passed April 12, 1825); passed April 29, 1829—52 Sess. 427. Theoriginal act was amended by the act of the 6lh of April, 1826, (p. 91,) and further amended by the act of April 22, 1 831 , p. 292. An Act concerning Marine Insurance in the State of New- York ; passed May 1, 1829—52 Sess. 515. An Act to incorporate the American Institute in the City of New- York ; passed May 2, 1829—52 Sess. 527. An Act for the relief of the New-York Protestant Episcopal Pub- lic School; passed May 2, 1829—52 Sess 531. An ActtoaraendtheCharter of the Sun Fire Insurance Companv passed May 4, 1829—52 Sess, 560 The original act, incorporatingr the fcompany. wnt passed March SI, 1824-^p 13 I^S TITLE or ACTS. 1 1 3. Bj this act the stjlo of the company is changed to " The Nevr-York North- ero Fir« Insurance Company." An Act for the Payment of certain Officers and Expenses of Gov- vernmeiU; passed May 5, 1829 — 52 session, laws of 1829, p. 568. By the 25lh section provision is made for the payment of one hundred dollar* annually to the Marine Hospital, in. addition to the sums now allowed by law. An Act to incorporate the New-York Law Institute ; passed Feb- ruary 22, 1830 — 53 session, laws of 1830, p. 35. An Act to incorporate the New-York Union African Society ; pass- ed February 23, 1830—53 Sess. 38. An Act to incorporate the Clinton-Hall Association in the City of New-York; passed February 23, 1830—53 Sess. 39. An Act to incorporate the Manhattan Gas Light Company ; pass- ed February 26, 1830—53 Sess. 65. An Act to incorporate the New-York Life Insurance and Trust Company; passed March 9, 1830 — 53 Sess. 76. An Act relative to the Sale of certain Lands and Tenements, advertised to be sold for assessments, in the City of New- York, on the twenty-second day of March, 1830; passed March 16, 1830 — 53 Sess. 82. An Act for the relief of the Bank of Savings in the City of New- York ; passed March 29, 1830—53 Sess. 94. An Art to enable the Mayor, Aldermen, and Commonalty of the City of New-York, to raise Money by a Tax ; passed April 13, 1830 —53 Sess. 1 62. • An Act to incorporate the Trustees of St. Mary's Church in the City of New-York ; passed April 20, 1830—54 Sess. 326. An Act for the relief of Israel Dean and John De Peyster ; pass- ed April 20, 1830— 53 Sess. 357. An Act to extend the Charter of the New-York Sugar Refining Company ; passed January 24, 1831 — 54 session, laws of J 531, p. 6, By this act the charter of the company is extended until March 22, 1851. An Act for the relief of L'Anglois of the City of New-York; passed January 26, 1831 — 54 Sess. 11. An Act to incorporate the Leake and Watts Orphan House in the City of New-York ; passed March 7, 1831—54 Sess. 59. TITLE OF ACTS. 99 An Act to extend the lime for the completion of the Harleem Ca- nal ; passed March 9, 1831 — 54 session, laws of 1831, p. 64. By this act Ihe time is extended four 3 cars fiotn April 13, 1S31. An Act to authorize the Comptroller to Settle and Discharge the accounts of the Committee appointed to investigate the affairs of the New-York Hospital; passed May 24, 1831—54 Sess. 110. An Act to change the name of Harley Longbotham of the City of New- York ; passed March 30, 1831—54 Sess. 129. An Act to incorporate the Society for the Education of Poor Children and Relief of Indigent Persons of the Jewish persuasion, in the City of New-York ; passed April 1 1, 1831-.-54 Sess. 154. An Act to incorporate the New-York Whaling Company ; passed April 3, 1631—54 Sess. 164. An Act to revive and continue in force the Charter of the Butch- ers' Benevolent Society in the City of New- York ; passed April IS, 1631—54 Sess. 190. The original act of incoi'i oration was passed the 3d of March, 181D, (p. 61,) and limited the corporation to fifteen years ; this act revives and continues it for 6fteen 3 ears. An Act relative to the Boring of the Earth for Water in the City of New-York; passed April 18, 1631—54 Sess. 197. An Act to incorporate the New-York Institution for the Blind ; passed April 21, 1831—54 Sess. 256. . An Act to amend an Act, entitled, an Act to incorporate the Nep- tune Company of New-York, (passed January 23, 1827) ; passed April 22, 1831—54 Sess. 290. Revived and extended by the act of April 25, 1CS2 — Laws of 183^% p. 474. v An Act to amend the Charter of the New-York Dry Dock Com- pany ; passed April 22, 1831—54 Sess. 292. By tl.i? act the directore of ihe company may redure the stock. An Act to incorporate the Jackson Marine Insurance Company in the City of New-York; passed April 23, 1831—54 Sess. 294. An Act to incorporate the Congress Steam Sugar Refinery ; pass- ed April 23, 1831—54 Sess. 303. An Act concerning the Bank of Savings in the City of New- York; passed April 23, 1831— 54 Sess. 308. An Act to incorporate the New-York and Harlsem Rail Road Company; passed April 25, 1831— 54 Sess. 323. lOQ TITLE OF .4CT3. An Act to incorporate the College of Pharmacy of the City of New- York; passed April 25, 1831 — 54 session, laws of 1S31, p. 329. An Act to revive the Act, entitled, a\i Act to incorporate the New-York State Marine Insurance Company, (passed April 8, 1825) ; passed April 25, 1831—54 Sess. 338. By this act the corporation is contioued for the period of twenty-one years from the date of the act, and the stock of the company reduced to 30,000 dollars, in shares of fifty dollars. An Act to incorporate the New-York Hydrotic Company ; pass- ed April 26, 1831—54 Sess. 413. An Act to incorporate the Clinton Fire Insurance Company of the City of New-York; passed April 26, J 831— 54 Sess. 428. An Act to incorporate the Mutual Benefit Society of Mechanics in the City of New-York; passed January 24, 1832 — 55 session, laws of 1832, p. 9. An Act to incorporate the North American Mining Company ; passed March 1, 1832—55 Sess. 54. An Act to amend the Charter of the Phoenix Fire Insurance Com- pany of the City of New- York ;' passed April l5, 1832—55 Sess. 69. An Act to enable the Mayor, Aldermen, and Commonalty of the City of New-York, to raise Money by Tax ; passed March 16, 1832 — 55 Sess. 75. Five hundred and fiftv thousand dollar?. An Act to Incorporate the American Manufacturers' Mutual As- surance Association ; passed March 30, 1832 — 55 Sess. 129. An Act vesting the Title of a certain Lot in the City of New- York, escheated to the People of this State, in Elizabeth Idley, her heirs and assigns, for ever; passed April 4, 1832 — 55 Sess. 148. An Act to confirm the Title of certain Real Estate, in the City of New-York, in the Trustee of Edward Thorn, and to authorize the sale thereof; passed April 4, 1832—55 Sess. 149. An Act to amend an Act, entitled, an Act to incorporate the New-York and Harlsem Rail Road Company, (passed April 25, 1831) ; passed April, 1832—55 Sess. 156. An Act to incorporate the Niagara River Hydraulic Company ; passed April 11, 1832—55 Sess. 175. An Act to amend the Act, entitled, an Act to incorporate the Clin- TITLE OF ACTS. 101 ion Fire Insurance Company of the City of New-York, (passed April 26, 1831) ; passed April, 1832—55 session, laws of 1832, p. 238. An Act to incorporate the New-York and Albany Rail Road Company; passed April 17, 1832 — 55 Sess. 238. An Act to incorporate the New-York Fire Insurance Company of the City of New-York ; passed April 18, 1832—55 Sess. 292. An Act to incorporate the American Fire Insurance Company of the City of New-York ; passed April 10, 1832—55 Sess. 323.' An Act to revive and continue in force the Charter of the New- York Typographical Society; passed April 30, 1832 — 55 Sess. 337. The original act creating tins corporation was passed February 27, 1817 — Laws of 1817. An Act to incorporate the Palladium Fire Insurance Company of the City of New-York ; passed April 20, 1832—55 Sess. 339. An Act to renew the Charter of the North American Coal Com- pany ; passed April 21, 1832 — 55 Sess. 377. Original act passed April 6, 1814 — Laws of 1814, 115. An Act to incorporate the Commercial Insurance Company of the City of New-York ; passed April 21, 1832—55 Sess. 378. An Act to incorporate the New-York and Erie Rail Road Com- pany ; passed April 24, 1832 — 55 Sess. 402. An Act to amend the Charter of the Jackson Marine Insurance Company of the City of New-York ; passed April 24, 1832—55 Sess. 414. An Act to incorporate the Eastern Dispensary of the City of New- York; passed April 25, 1832—55 Sess. 449. An Act to incorporate the Good Hope Insurance Company of the City of New-York; passed April 25, 1832 — 55 Sess. 463. Incorporated for the period of twenty-one years, and the individuals composing the corporation at the time of its dissolution liable to the amount of their shares. An Act to extend the Charter of the New-York Coal Company, and to change the name thereof ; passed April 25, 1832 — 55 Sess. 472. An Act to amend the Act, entitled, an Act for the relief of the Orphan Asylum Society in the City of New-York ; passed April 25, 1832—55 Sess. 473. This act transfers the rents and profits of the real and personal estate of the late Philip Jacobs to the Orphan Asylum Society. IQ2 TITLE OF ACTS. •* An Act to extend the time for filling up the Stock of the Neptune Bell Marine Insurance Company of New- York ; passed April 25, 1832—55 session, laws of ] 832, p. 474. An Act to ampnd the Act, entitled^ an Act to incorporate the Trustees of Si. Mary's Church in the City of New-York; passed April 25, 1832—55 Sess. 495. An Act for the Relief of Daniel Clark; passed April 26, 1832— 55 Sess. 507. An Act to incorporate the New-York State Agricultural Society ; passed April 26, 1832—55 Sess. 519. An Act for the Relief of the Seamen's Bank of Savings in the City of New-York ; passed April 26, 1832— 55 Sess. 528. An Act to incorporate the North Western Insurance Company; passed April 26, 1832—55 Sess. 547. An Act to incorporate the New-York City Marble Cemetery ; passed April 26, 1832—55 Sess. 551. An Act to amend the Charter of the College of Pharmacy in the City of New-York ; passed April 26, 1832—55 Sess. 5ij6. This a jt reg-ulates tlie qualificalions of apothecaries, and imposes a penalty of fifty dollars for negiecliog them. LIST OF BANKS IN THE CITY OF NEVV.YORK, FBOH THE COMJlE.VCEME-fT OF THE GOVERNMENT TO THE PEE?ENT TIME, WITH TH3 SEVERAL ACTS Amendingf modifying, or altering their charters of incorporation. 1782. An Act incorporating the President, Directors, and Company of the Bank of North America; passed April 11, 1782 — 5 Sess. 35 chap. 1 Jones and V. 77, 73, and 1 Gr. 50 and 52. 1791. An Act incorporating the President, Directors, and Company of the Bank of New-York; passed, March 21, 1791 — 14 Sess. 37 chap. 2 Gr. 360,2 Kent and R. 351. Tlie above act amended by the act passed January 12, 1792 — 15 Sess. 1 chap. Stock increased to one hundred shares. Further amended by ihe act passed March 31, 1801 — Kent and R. 2 vol. chap. 94, p. 356. 1799. An Act incorporating the President and Directors of the Man- hattan Company; passed April 2, 1799— -22 Sess. chap. 84, 3 W. 571. 2 Kent and R. 370. 1801. An Act relative to the Bank of New-York; passed March 31, 1801—24 Sess. 104 chap. 2 Kent and R. 358. 1805. An Act incorporating the President and Directors of the Mer- chants' Bank, in the City of New-York ; passed March 26, 1805 28 Sess. 43 chap. 4 W. 62. 1808. An Act increasing the powers of the President, Directors, and Company of the JJlanhattan Company ; passed March 25, 1808-*- 31 Sess. 83 chap. 5 W. 294. An Act amending the act, incorporating the President, Directors, and Company of the Bank of New-York ; passed April 6, 1S08 31 Sess. 134'^chap. Private acts of 1809, p. 147. 1810. An Act incorporating the President, Directors, and Company of the Mechanics' Bank in the City of New-York ; passed March 23, 1810—33 Sess. 87 chap. Private acts of 1810, p. 1 10. An Act to prolong the payment of the debt due this State from 104 I'^ST OF BANKS. the Bank of New-York ; passed March 23, 1810—33 Sess. chap. 84, Laws of 1810, p. 24. 1811. An Act incorporating the President, Directors, and Company of the Union Bank, in the City of New-York: passed March 8, 1811 — 34 Sess. 34 chap. 6 W. 116. An Act amending the Charter, incorporating the President, Di- rectors, and Compan}' of the Mechanics' Bank, in the City of New- York; passed April 8, 1811— 34 Sess. 189 chap. 6 W. 268. 1812. An Act incorporating the President, Directors, and Company of the Bank of America ; passed June 2, 1812 — 35 Sess. 78 chap. 6 W. 413. An Act to fix the place of the Banking-house and office of Dis- count and Deposit of the Bank of America; passed June 8, 1812 —35 Sess. 81 chap. 6 W. 421. An Act to incorporate the Stockholders of the City Bank of New- York ; passed June 16, 1812—35 Sess 175 chap. 6 W. 529. An Act to incorporate the New-York Manufacturing Company ; passed June 15, 1812—35 Sess. 167 chap. p. 509. An Act to authorize the Comptroller of this State, to subscribe to the Bank of America; passed June 18, 1812 — 35 Sess. 188 chap. 6 W. 542. 1813. An Act relating to the President, Directors, and Company of the Mechanics' Bank, in the City of New-York — Laws of 1813, p. 195, 36 Sess. 98 chap. An Act relative to the Bank of America ; passed March 20, 1813 —36 Sess. 76 chap. Laws of 1813, 76. An Act in addition to the act, entitled, an Act to incorporate the Stockholders of the City Bank of New- York ; passed March 20, 1813—36 Sess. 76 chap. Laws of 1813, 75. An Act to repeal those parts of the act passed March 23, 1810, and April 8, 1811, respecting the Mechanics' Bank in the City of New-York, which relates to the appointment of two Directors in be- half of this State; passed April 2, 1813 — 33 Sess. 122 chap. Laws of 1813, p. 133. An Act extending the time, and continuing in force for a limited period, certain Banking incorporations in this State, and for other purposes; passed April 2, 1813 — 36 Sess. 98 cha^D, Laws of 1813, p. 104. 1814. An Act requiring the Bank of America and the City Bank of New-York, to loan to this Slate the sum which those Banks are respectively bound to loan ; passed October 22, 1814—38 Sess. 14 chap. Laws of 1814, p. 15. An Act to amend an act, entitled, an Act to incorporate the New- York Manufacturing Company; passed September 26, 1814 — 38 Sess. 1 chap. Laws of 1814, p. 3. LIST OF BANi5:S. 10^ 1817. An Act to amend an act, entitled, an Act to incorporate the Nevf- York Manufacturing Company ; passed February 21, 1817 — 40 Sess. 42 chap. 30, 1818. An Act to incorporate the President, Directors, and Company of the Franklin Bank of the City of New-York ; passed April 21, J818— 41 Sess. 256 chap. Laws of 1818, p. 272. 1819. An Act to empower the President, Directors, and Company of the Bank of America to reduce ilieir capital stock ; passed Feb- ruary 26, 1819 — Laws of 1819, 42 sess. chap. 24, p. 28. Incorporating^ '• A Bank for Savings in the City of New-Y^ork," passed March 26, 1819 — 42 sess. chap. 62, laws of 1819, p. 66. An Act relative to the transfer of stocks of this state ; passed March 26, 1819 — 42 session, chapter 70, p. 73. 1820. An Act to empower the President, Directors, and Company of the City Bank of New-York, to reduce their capital stock ; passed March 24, 1820 — 43 session, chapter 103, laws of 1820, p. 86. An Act concerning- the Bank of Savings in the City of New- York; passed March 24, 1820—43 session, rliapter 109^, laws of 1820, p. 93. 1S21. An Act amending an act, incorporating the President, Director!, and Company of the Union Bank in the City of New- York — 44 session, chapter 50, laws of 1821, p. 41. An Act relative to the Phenix Bank, reducing the capital lo $500,000; passed .January 29, 1821—44 session, ^chap. 22, p. 16. An Act to enable the Bank of New-York to buy and hold stock, and to enable the Banks to subscribe to canal loans ; passed March 16, 1821—44 session, chapter 114, laws of 1821, p. 110. An Act incorporating the President, Directors, and Company of the North River Bank of the City of New-Y'ork ; passed March 23, 1821—44 session, chapter 146, laws of 1821, p. 135. 1823. An Act incorporating " The President, Directors, and Company of the Tradesmens' Bank of the City of New-York; passed March 29, 1823—46 session, chapter 93, laws of 1823, p. 106. An Act to incorporate " The President, Managers, and Company of the Delaware and Hudson Canal Company ; passed April 23, 1823 — 45 session, chapter 2.38, laws of 1823, ]), 305. By an acl passed April 23, 1824, the charter was extended to embrace banking powers ; laws of 1 824, p. 332. 1824. An Act to amend an Act, entitled, *• an Act to incorporate the New- York Chemical Manufacturing Company;" passed April 1, 1824—47 session, chapter 148, laws of 1824, p. 140. An Act to incorporate " the President, Directors, and Compaoy 14 IC6 l^IST OF BANKS. of the Fulton Bank in the HDity of New-York ;" Dassed April I, 1824 — 47 session, chapter 140, laws of 1824, p. l44. An Act to amend the Act incorporating the Fulton Bank ; passed April 7, 1824 — 47 session, chapter 175, laws of 1824, p. 193. An Act further to amend the Act, entitled, " an Act to incorpo- rate the President, Managers, and Company of the Delaware and Hudson Canal Company;" passed April 23, 1823 — 47 session, chapter 270, laws of 1824, p. 332. 1825. An Act to incorporate the New-York Dry Dock Company J passed April 12, 1825, 48 session, chapter 114, laws of 1825, p. 178* 1826. An Act for the relief of the New- York Dry Dock Company j passed April 6, 1826, 49 session, laws of 1826, p. 91. 1827. An Act " relative to the Tradesmen's Bank," empowering thera to reduce the capital stock and shares ; passed March 26, 1827 — 50 session,* chapter 103, laws of 1827, p. 79. An Act relative to the Fulton Bank, to reduce the capital stock &c., passed March 16, 1827 — 50 session, chapter 75, laws of 1827, p. 60. An Act relative to the Savings' Bank in the City of New-York ; passed March 29, 1827 — 50 session, chapter 114, laws of 1827, p. 84. 1828. An Act relative to the Fulton Bank in the City of New-York ; passed March 21, 1828—51 session, chapter 96, laws of 1828, p. 97. 1829. An Act empowering the New- York Dry Dock Company to estab- lish an office of discount and deposit ; passed April 29, 1829 — 52 session, chapter 295, p. 427. An Act to incorporate the Seamens' Bank for Savings in the City of New-York ; passed January 31, 1829 — 52 session, chapter 17, laws of 1829, p. 65. An Act to incorporate the President, Directors, and Company of the Merchants' Exchange Bank of the City of New- York ; passed April 29, 1829—52 session, chapter 296, laws of 1829, p. 427. An Act to incorporate the President, Directors, and Company of the National Bank in the City of New- York ; passed April 30, 1829—52 session, chapter 319, laws of 1829, p. 465. 1830. An Act to extend the time for filling up the stock of the National Bank of the City of New-York ; passed April 7, 1830 — 53 session, chapter 129, laws of 1830, p. 143. An Act for the relief of the Bank of Savings in the City of New- York ; passed March 19, 1830 — 53 session, chapter 96, laws of 1830, p. 94. An Act to extend the time for filling up the stock of the National LIST OF BANKS. 107 Bank of the City of New-York ; passed April 7, 1830—53 session, chapter 129, laws of 1830, p. 143. An Act to incorporate the President, Directors, and Company of the Butchers' and Drovers' Bank of the City of New- York ; passed April 7, 1830-53 session, chapter 128, laws of 1830, p. 142. An Act to extend the time for filling up the stock of the Merchants* Exchange Bank of the City of New-York ; passed April 13, 1830 —53 session, chapter 140, laws of 1830, p. 162. An Act to incorporate the President, Directors, and Company of the Mechanics' and Traders' Bank ; passed April 15, lS30 — 53 ses- sion, chapter 169, laws of 1830, p. 179. An Act to incorporate the President, Directors, and Company of the Greenwich Bank of the City of New-York; passed April 17, 1830—53 session, chapter 256, laws of 1830, p, 278. 1831. An Act to extend for a limited period the charter of the Trades- mens' Bank in the City of New-York ; passed January 29, 1831 — 54 session, chapter 23, laws of 1831, p. 18. An Act to extend for a limited period the charter of the Bank of New-York in the City of New-York; passed January 29, 1831 — 54 session, chapter 251, laws of 1831, p. 20. An Act to extend for a limited period the charter of the City Bank of New-York ; passed January 29, 1831 — 54 session, chapter 26, laws of 1831, p. 22. An Act to extend for a limited period the charter of the Bank of America in the City of New-York ; passed February 2, 1831 — 54 session, chapter 27, laws of 1831, p. 23. An Act to extend for a limited period the charter of the Union Bank in the City of New-York ; passed February 2, 1831 — 54 session, chapter 28, laws of 1831, p. 25. An Act to extend for a limited period the charter of the Merchants' Bank in the City of New-York ; passed February 2, 1831 — 54 ses- sion, chapter 29, laws of 1831, p. 26. An Act to extend for a limited period the charter of the New- York Manufacturing Company ; passed June 15, l8l2 — now known as the Phoenix Bank in the City of New-York ; passed February 2, 1831—54 session, chapter 30, laws of 1831, p. 28. An Act to extend for a limited period the charter of the Mechanics' Bank in the City of New- York ; passed February 2, 1831—54 session, chapter 31, laws of 1831, p. 29. An Act to reduce the capital stock of the City Bank of New- York ; passed April 18, 1831 — 54 session, chapter 141, laws of 1831, p. 189. An Act to amend the charter of the National Bank in the City of New-York ; passed April 18, 1831 — 54 session, chapter 169, laws of 1831, p. 203. An Act to amend the charter of the New- York Dry Dock Com- pany ; passed April 22, 1831 — 54 session, chapter 243, laws of 1831, p. 292. lOS l-IJ^T OF BANKa. An Act concerning the Bank of Savings in the Gity of Newr York; passed April 23, 1831 — 54 session, chapter 254, laws of 1831, p. 308. An Act to extend the time for filling up the stock of the Mer- chants' Exchange Bank, of the CiJy of N^vv-York ; passed April 25, 1831—54 Sess. 284 chap. Laws of 1831, p. 353. 1832. An Act to incorporate the President, Directors, and Company of the Leather Manufacturers' Bank ; passed April 23, 1832 — 55 ses- sion, chapter 218, laws of 1832, p. 392. An Act for the relief of the Seamens' Bank of Savings in the City of New- York ; passed April 26, 1832—55 session, chapter 309, laws of 1832, p. 530. KEVISED STATUTES, Vol. 2. P. 117. TITLE VI. OF PUBLIC ADMINISTRATORS. ARTICLE FIRST. OP THE PUBLIC ADMINISTRATOR IN THE CITY OF NEW- YORK. Sbct. 1. How appointed, and the tenure of his office. 2. Oath of office to be taken, and bond to be executed by him. 3. Ilis commissions, how accounted for and paid ; his salary. 4. Cases in which he is authorized to act 5. Authority not to extend to certain cases. 6. In certain cases not to interfere without order of surrogate. 7: Upon wliat proof, order to be granted. 8. When subpoena to be issued by surrogate, to discover concealed effects. 9. If surrogate be absent, certain otlier officers may issue subpoena. 10. Subpoena how served and enforced. 11. Witness appearing, to be sworn and examined. 12. When warrant to issue, to seize effects concealed or withheld. 13. Warrant may be stayed, by giving a bond ; its conditions. 14. Duty of health officer respecting effects at tlie quarantine. 15. When perishable property taken by public administrator may be sold. 16. When to give notice of application for letters of administration. 17. Notice how to be served and published. 18. Persons interested may appear and contest the granting of letters. 19. When letters to be granted to executor, or widow, or relative. 20. Upon granting such letters, autliority of public administrator to cease. 21. Previous expenses to be deducted from assets, and buiauce lo im paid lo executors. 22. If there be not sufficient assets to pay expenses, to be paid by executor, &c. 23. When letters of administration to be granted to public administrator. 24. In what cases public administrator to give notice that he will administer. 25. How such notice is to be served and published. 26. Affidavit of having undertaken administration, &c. to be filed. 27. Public administrator from thenceforth to administer on the estate. 28. Powers of public administrator before letters granted or affidavit filed. 29. In certain cases, notices to be served on foreign consuls. 30. If lawful executor, &c. appear, assets to be delivered to him, after deducting ex- penses. 31 & 32. Cases in which powers of public administrator shall be superseded. 33. When so superseded, to deliver over assets, after making certain deductiong. 34. Suits commenced by public administrator, may be continued by hia successor. 35. The rights and powers of public administrator, on any estate, enumerated. 36. To deposit monies received by him in certain bank. 37. Monies deposited, how to bn drawn out. « 38. Advances, not exceeding fifty dollars, may be made to relatives. 39. Accoun* of public administrator to be annually exhibited on oath. 40. Actfunt to be publithcd iu New- York and in state paper. 1 TITLE 6 How appointed, ADMINISTRATOR— PUBLIC, 41. Penalty for not accounting, or not publishing account. 42. Corporation of New- York to be responsible for conduct of public admiuistratofy 43. And for monies received and stock transferred ; remedy of persons aggrieved. 44. On resigtiation, &c. of public administrator, papers, &c. to be delivered to liis sue^ 45. Keepers of boarding-liouses, &c. to report deatli of transient persons ; penalty fw neglect. 46. Penalty not to be recovered witliout proof of notice of last section. 47. Title VI. to go into operation May 1, 1830. 48. Common Council to make rules for the government of public administrator. 49. Jurisdiction of public administrator. 50. Foregoing provisions to make part of Revised Statutes. § 1. The mayor, aldermen, and commonalty of the city of New- York, in common council convened, from time to time, and as often as a vacancy in the office shall occur, may ap- point a competent person to be the public administrator in the city of New- York, who shall hold his office during the pleasure of the said common council. Oath and bond. § 2. Before entering upon the duties of his office, the per- son so appointed shall take the oath prescribed by the con- stitution, and shall execute a bond, with such sureties as shall be approved by the mayor or recorder of the said city, to the mayor, aldermen and commonalty thereof, in the penal sum of ten thousand dollars, conditioned for the faithful discharge of all duties enjoined on him by law, and particularly, that he will account for, and pay over, all monies and property, that may come to his hands as such administrator, according, to law. a^d?(Siry.^"^ § 3. The public administrator shall retain a commission, over and above all expenses, upon all monies that shall come into his hands, at the rate of five dollars upon the hundred dol- lars, upon all sums received from any one estate, not exceed- ing two thousand five hundred dollars ; and upon all sums so received, exceeding that sum, at the rate of two dollars and fifty cents upon every hundred dollars ; which sums may be so retained in preference to any debts or claims, excepting funeral charges. The monies so retained shall be accounted for, and paid by him into the treasury of the city of New- York. He shall be allowed and paid quarterly, such salary for his services, as the common council of the city shall pre- scribe, not less than one thousand two hundred and fifty dol- lars annually. Wig anthority. § 4. In the right of his office, he shall have authority to col- lect and take rhargo of the goods, chattels, personal estate, and ADMINISTRATOR— PUBLIC. debts, of persons dying intestate, and for that purpose, to main- '^^^^^ tain suits as public administrator, as any executor might by law, in the following cases ; 1. Whenever any person shall die intestate, either within this state or out of it, leaving any goods, chattels, or effects within the city and county of New- York : 2. Whenever any goods, chattels, or effects of any person who shall have died intestate, shall arrive within the said city and county, after his death : 3. Whenever any person, cojning from any place out of this state, in a vessel bound to the port of New- York, and arriving at the quarantine, near the city of New- York, shall there die intestate, and shall leave any effects either at the said quaran- tine, or in the city of New- York, or elsewhere : 4. Whenever any effects of any such person so arriving and dying intestate at the said quarantine, shall, after his death, arrive either at the said quarantine, or within the city of N©w- York: 5. Whenever any person, coming from any place out of this state in a vessel bound to the port of New- York, shall die intestate on his passage, and any of his effects shall arrive at the said quarantine -* In all the preceding cases intestacy shall be presumed, un- til a will shall be proved, and letters testamentary be granted thereon. § 5. But the last section shall not confer on the public ad- aid. ministrator any authority in respect to the estate of any per- son not a citizen of this state, dying out of this state, or on board any foreign vessel within the harbor of New- York, unless, 1. Such person shall have landed within the city and county of New- York, or at the quarantine near the said city : or, 2. Unless the effects of such person, or some part of them, shall have been so landed ; and when any effects of such per- son shall have been so landed, the authority of the public ad* ministrator shall extend to such effects only, (64) § 6. Whenever there shall be any widow, or next of kin of order or eurro- any such intestate, entitled to a distributive share in his estate, cessary. residing in the city of New- York at the time of his death, the (64) Aet of April 21, 1^^, p. 415. i ADMINISTRATOR— PUBLIC. TITLE 6. public administrator, upon receiving notice of such fact, shal! not have any authority to interfere with the effects of the de- ceased, until he shall have obtained an order from the surrogate of the city and county of Nev^- York to take charge thereof. S^'grMted? ^ 5 ^' ^^^^ order may be granted by the surrogate, upon the application of the public administrator, and upon due proof being made to Iiim by affidavit, that the effects of the deceas- ed are in danger of waste or embezzlement, or that for any other reason, it would be for the benefit of the estate to have the same, or any part thereof^ seized and secured. covM ^conce^ed § ^' Whenever, in any of the cases in wliich the public ad- effecta. ministrator is authorized to take charge of the effects of any intestate, any goods, chattels, credits, or effects of the deceas- ed, or of which ho had possession at the time of his death, or within twenty days previous thereto, shall not have been de- livered to the public administrator, nor accounted for, satis- factorily, by the persons who were about the deceased in his last sickness, ui in whose hands the effects of the deceased, or any of them, may be supposed at any time to have fallen, the public administrator may Inatitute an inquiry concerning the same ; and upon satisfying the surrogate of the city and county of New- York, by affidavit, that there are reasonable grounds for suspecting that any such effects are concealed or withheld^ he shall be entitled to a subpoena to be issued by the surrogate under his seal of office, to such persons as the said public ad- ministrator shall designate, requiring them to appear before such surrogate, at. the time and place tlierein to be specified, for the purpose of being examined, toucliing the estate and effects of the deceased. Ibid. § 9. If the surrogate be absent from the city of New- York,, such application for a subpoena may be made to the circuit judge of the first circuit, to the first judge of the court of com- mon pleas of the said city and county, or to the mayor or re- corder of the said city, either of whom is hereby authorized to issue such subpoena, under his hand and private seal, in the same manner as the surrogate. eSced^^^^ ^^ ^^^' ^"^^ subpoena shall be served in the same manner as in civil causes, and if any «person shall refuse or neglect to obey the same, or shall refuse to answer touching the matters ADMINISTRATOR—PUBLIC. 5 hereinafter specified, he shall be attached and committed to title e. prison, by the said surrogate or other officer so issuing such subpoena, in the same manner as for disobedience of any cita- tion or subpoena, issued by a surrogate in any case within his jurisdiction. §11. Upon the appearance of any person so subpoenaed be- Examination of fore such surrogate or other officer, he shall be sworn, truly to answer all questions concerning the estate and effects of the deceased, and shall be examined fully and at large, by the public administrator, in relation to the said effects. § 12. If upon any inquiry, it shall appear to the officer con- JJ^JIJ*^*' ^^^ ducting the same, that any effects of the deceased are con- cealed or withheld, and the person having the possession of such property shall not give the security in the next section specified, for the delivery of the same, such officer shall issue his warrant, directed to the sheriff, marshals, and constables of the city or county, where such effects may be, command- ing them to search for and seize the said effects, and for that purpose, if necessary, to break open any house in the day time, and to deliver the said property so seized to the public administrator, which warrant shall Jbe obeyed by the officers to whom the same shall be directed and delivered, in the same manner as the process of a court of record. § 13. But such warrant shall not be issued to seize any Bond to stay property, if the person in whose possession such property ^'^"*"^- may be, or any one in his behalf, shall execute a bond, w^ith such sureties, and in such penalty as shall be approved by the surrogate, or other officer, acting in his place, to the pub- lic administrator in the city of New- York, conditioned that such obligors will account for and pay to the said public ad- ministrator the full value of the property so claimed and with- held, (and which shall be enumerated in the said^ condition,) whenever it shall be determined in any suit to be brought by the public administrator, that the said property belongs to the estate of any deceased person, which the administrator has, by law, authority to collect and preserve. § 14. Whenever any effects of a deceased person, of which Duty of health the public administrator is authorized to take charge, shall be cases, at the quarantine at the time of the death of such person, or 6 ADMINISTRATOR— PUBLIC, TITLE c. gjjjjij arrive there afterwards, it shall be the duty of the health officer, or his deputy, whichever shall be present, to secure the said effects from waste and embezzlement, and immedi- ately to give information of such effects to the public admin- istrator, to cause an inventory or account thereof to be taken, and to deliver the same to the said public administrator, un- less the said property be of such a description as ought not to be removed, or may be ordered to be destroyed under the laws concerning the public health. Pcriahabie pro- § 15. If any property taken into the charge of the public administrator shall be in a perishing condition, he may im- mediately sell the same at public auction, on obtaining an or- der for that purpose from the surrogate of New-York, which shall be granted on due proof of the fact. Notice, when to § 16. If the property of any intestate, of which the public admmistrator is authorized to take charge, shall exceed m value the sum of one hundred dollars, he shall immediately give notice of his intention to apply to the surrogate of New- York, for letters of administration upon the estate of such in- testate, specifying the time and place when such application will be made. How served and § 17. Such uoticc shall be served personally on the widow publislied. '' ^ i i • and the relatives of the intestate entitled to any share in his estate, if there be any to be found in the city of New- York, at least thirty days before the time therein specified. If there be none to be found in tlie said city, and in all cases where the notice shall not have been personally served, it shall be published at least twice in each week, for four weeks, in some newspaper printed in the city of New- York. cmmincr of let- § 18. At thc time specified in such notice, any person in- tested."^^ ^*^^" terested in the estate of the deceased, may appear and con- test the granting of letters of administration to the public ad- ministrator, and shall be entitled to subpoenas to compel the attendance of witnesses, on such hearing. Sw.'or^'S § 19- If it shall appear that the deceased has left any will outitied to fyf j^jg personal property, by which any executor is appointed who is competent, and qualified according to law to take upon him the execution of such will : or if it shall appear that there live letters ADMINISTRATOR— PUBLIC;. 7 IS a widow or any relative of the deceased entitled to a share '^^^^ ^' in his estate, willing, competent, and qualified, according to law to take letters of administration, with the will annexed, if there be one, or to take letters of administration if there be no will, then letters testamentary shall be granted to such executor, or letters of administration shall be granted to such widow or relative, as in other cases. § 20. Upon such letters testamentary or letters of admin- Effect of such istration being granted, all control and authority of the public administrator over the estate of the deceased, shall cease, and every order that may have been previously granted to him, in relation to the estate, shall be revoked. § 21. The expenses incurred by the public administrator, in Previous eipen- 11 n • 1 T 1 rr ses to be paid. all necessary measures for securmg and guardmg the eiiects of the deceased from waste and embezzlement, of serving and publishing the notice aforesaid, and of obtaining any neces- sary order from the surrogate, and of executing such order, shall be taxed and allowed by the surrogate, and may be re- tained by the public administrator out of any monies or effects of the deceased in his hands, and the residue thereof shall be delivered by him to the executor or administrator so allowed or appointed, without any abatement or deduction for com- missions, or for any other charges than such as shall have been so allowed and taxed. § 22. If there shall be no monies or effects of tlie deceased iwd. in the hands of the public administrator, to pay such expenses, the same, after being allowed and taxed, shall be paid by the executor or administrator so appointed, in preference to all other debts or claims, except funeral charges, and the public administrator may maintain an action therefor in his own name, § 23. If no executor be allowed, and no letters testamen- Letters, when tary, or of administration, be granted by the surrogate to any pubuc^'aSi!!^ other person, at the time specified for hearing the application, '^^^°'' or at such other times as shall have been appointed, then, un- less it appear that letters testamentary, or of administration, have already been granted on such estate, the surrogate shall grant letters of administration thereon, with the will annex- ed, or otherwise, as the case may require, to the public admin- TITLE 6. ADMINISTRATORS-PUBLIC. istrator ; briefly stating that administration of the goods, chattels, credits and effects of the deceased, has been grant- ed to him according to law ; which letters, the record thereof, and a transcript of such record, duly certified, shall be con- clusive evidence of the authority of the said public adminis- trator, in all cases in wliich he is authorized by law to act. fetmfofwhSi'ui § ^^* ^^ ^^^ property of any intestate, of which the public be given. administrator is authorized to take charge, be worth a sum not exceeding one hundred dollars, he shall immediately give notice, briefly stating that the effects of the deceased, naming him, with his addition, in the hands of the public administrator, will be administered and disposed of by him according to law, unless the same be claimed by some lawful executor or ad- ministrator of the deceased, by a certain day to be specified in such notice, not less than thirty days from the service, or first publication thereof, as herein directed. How served. § 25. Such notice shall be personally served on the widow, and every relative of the deceased who shall be residing in the city of New- York, if any can be found ; and if none be found, and in all cases where such personal service shall not have been made, the notice shall be published once in each week, for four weeks, in a newspaper printed in the city of New-York. Affidavit, &e: § 26. If, at the time appointed in such notice, no claim to the eflTects of the deceased shall have been made by any law- ful executor or administrator, the public administrator shall make and file in the office of the surrogate of the city and county of New- York, an affidavit, stating the value of the property and effects of the deceased, the service and publican tion of the notice by him, as above directed, and that no claim has been made according to law, and that he has taken upon himself the administration of the estate of the deceased. Eftect of filing affidavit: § 27. Upon filing such affidavit, the public administrator shall be vested with all the rights and powers, and subject to all the duties of an administrator of the estate of the deceas- ed, in the same manner as if letters of administration had been granted. Such affidavit, and a duly certified copy there- of, shall be presumptive evidence of the facts therein contain- ed, and that administration of the estate of the deceased, has ADMlxNlSTRATOR— PUBLIC. » been committed to the public administrator according to law. § 28. Until letters of administration shalj be granted to the nrsnalor'' before .pubHc administrator, or until an aflidavit shall be filed by him *" *'^*' as above directed, he shall not proceed in the administration of any estate, further than to pay funeral charges of the de- ceased, to take possession of, and secure his efl'ects, as herein before authorized, to sell such of them as shall be perishable, and to defray the expenses of such proceedings, and of serv- ing and publishing notices, and of taking out letters of ad- ministration. § 29. Whenever the deceased, of whose estate the public j.^pn'j^fjj'eign ndministrator is authorized to take charge, shall be a fo- i«n«»»3- reigner, and shall not have become naturalized, or taken any steps for that purpose, it shall be the duty of the public ad- ministrator to serve upon the consul of the nation to which the deceased belonged, if any there be in the city of New- York, the notice of his intention to apply for letters of admi- nistration, and of his intention to administer, herein before specified, in the same manner as they are herein directed to be served, upon the widow or relative of the deceased. § 30. If any lawful executor or administrator shall appear ,AgJeJ/o ,awfui to claim the effects of the deceased, at any time before the executor, &c. public administrator becomes vested with the power of ad- ministering such effects, he shall, on producing the letters tes- tamentary, or of administration, be entitled to receive the goods and eflects of the deceased in the hands of the public administrator, after deducting the charges specified in the preceding twenty-fii'st section, to be allowed and taxed by the surrogate, as therein directed. § 31. The powers and authority of the public administra- Powers of pub- , . , . . r ^ ^ i n i li*"' administrator tor, m relation to the estate of any deceased person, shall be when superseded superseded in the three following cases : 1. Where letters testamentary shall be granted to any exe- cutor of a w411 of any deceased person, either before or after the public administrator shall have taken letters, or become vested with the powers of an administrator upon such estate : 2. Where letters of administrauon of such estate shall have 10 ADMINISTRATOR— PUBLIC, been granted to any other person, before the public adminis- trator became vested with the powers of an administrator, upon the same estate : 3. Where letters of administration shall be granted upon such estate, by any surrogate having jurisdiction, at any time within six months after the public administrator became vest- ed with the powers of an administrator upon such estate. Ibid. § 32. If any relative of the deceased, entitled to adminis- tration on his estate, being competent and qualified accord- ing to law, shall, within three months after the public admin- istrator has become vested with the powers of an administra- tor on such estate, apply to the surrogate of New- York for letters of administration, the same shall be granted to him, upon proof to the surrogate that the applicant did not reside in the city of New- York at the time of the" death of the intes- tate ; or that residing in the said city, no notice was served on him as herein required. iiv"e? *' *** ^^ ^ ^^' ^P^" notice being given to the public administrator, of the granting such letters testamentary, or letters of ad- ministration, in either of the cases aforesaid, by producing to him duly attested copies thereof, his powers and authority in relation to such estate shall cease ; and he shall deliver over to the executor or administrator so appointed, the property, monies, and effects in his hands, belonging to the said estate, after deducting his commissions on the monies received by him, at the rate herein before allowed, and the expenses in- curred by him, in the preceding twenty-first section specified, to be allowed and taxed as therein directed. 5 on the joint check of the public administrator and the said comptroller, in the cases where by law the public administra- tor is required to pay out monies. The comptroller shall pre- serve a register of all checks signed by him, as a part of the documents of his ofiice. ADMINISTRATOR— PUBLIC. 12 § 38. The puMic administrator may, at any time, advance ,.^;i^s"''' ^^ ''' to any relative of the deceased, such jDortion of the share of any estate to which he may be entitled, not exceeding fifty dollars, as in the opinion of the surrogate may be necessary for the support of such relative. § 30. Tlie public administrator shall exhibit to the common „^^J[;j;J.\^J^1;;* council of the city of New- York, to the first day of January i^tracor. in each year, or within fourteen days after that day, a state- ment, on oath, of the monies received by him for comm^sions and expenses, and of the total amount of his receipts and ex- penditures, in each case in which he shall have taken charge of and collected any effects, or in which he shall have admin- istered on any estate, during the preceding year, with the name of the deceased, his addition, the place of his residence at the time of his death, if the same be known, and the coun- try or place from which he came, if he w^as not a resident of this state at the time of his death. §40. The public administrator shall cause the said state- to be published, ment to be published for three weeks, daily, in a newspaper in the city of New- York, and twice in each week in the state paper ; the expense of which, shall be deducted by him from the balance in his hands, payable to the city treasury. § 41. If any public administrator in the city of Nev^-York, Penalty for omi»- shall neglect to render or to publish such statement, as here- in before required, he shall forfeit five hundred dollars, to be recovered by the attorney-general, for the use of this state ; and on such recovery being had, he shall forfeit his office, and be thereafter incapable of being appointed to the same. § 42. The mayor, alderman and commonalty of the city of Rf'»po»i''»wiity or -^T -^r 1 1 n • IT 1 .1 , ^ T / corporation. New- York, shall, ni all cases, be responsible for the applica- tion of all monies received by the public administrator, ac- cording, to law, and for the due and faithful execution of all the duties of his office. § 43. The said corporation shall also be answerable for all ibid, stock transferred by the public administrator, and the divi- dends received thereon, and for all monies paid into the city treasury by him, or whi<:h ought to be $o transferred or paid 14 ADMINISTRATOR— PUBLIC. in according to law, after deducting therefrom the commis- sions allowed by law ; but not for any interest on such mo- nies, or dividends on stock. All persons who shall be entitled to receive such monies and stock, as creditors, legatees, or re- latives of the deceased, and all persons, aggrieved by any un- authorized acts, or omissions, of the public administrator, shall have the same remedies against the said corporation for the same, as they would have, against any executor. de^nverefw*8u^c^ ^ ^'^' Whcncver the public administrator shall resign, or lessors. j^g rcmovcd from his office, he shall immediately deliver over all papers, money and effects, in his hands, to his successor ; and in case of the death of such officer, the persons into whose custody or possession any such papers, money or efi'ects, may come, shall, on demand, deliver the same to the successor duly appointed. Such delivery may, in either case, be enforc- ed in the manner provided in Chapter fifth of the first part of the Revised Statutes, in relation to public officers. Death of tran- § 45. Evcry pcrson keeping a boarding or lodging house be repoS "* ° in the city of New- York, shall report in writing, to the public administrator, the name of every transient person who shall die in his house, within twelve hours after such death. Who- ever shall neglect to comply with this provision, shall forfeit one hundred dollars, to be sued for, and recovered by, and in the nam^ of the public administrator, the one moiety thereof to his own use, and the other moiety to the use of the corpora- tion of the said city. Penalty for ncg- § 46. The public administrator in New- York, shall cause recovered. a copy of the last scctiou to be left at every boarding and lodg- ing house in the city of New- York, at least once in each year ; and he shall not be entitled to recover of any person the pe- nalty given by the last section, without due proof of the service of a copy of that section, personally, on the defendant, pre- vious to the neglect for which such suit may be brought, and . within one year before the commencement of such suit. (65.) (65) Laws of 1815, p. 161. Laws of 1821, p. 187. ADMINISTRATOR— puBuc. l^ CHAP. CXLVIII. AN ACT in relation to the Office of Public Administrator in the City of New- York. Passed April 16, 1829. TJie People of the State of New-York, represented in Senate and Assembly, do enact as follows : 47. § 1. So much of the Revised Statutes as relates to the Title 6 to go into office of pubHc administrator in the city of New- York, that May, i83o. is to say : Article first of Title sixth of Chapter sixth of the Second Part, shall go into operation on the first day of May, instead of the first day of January next, any law heretofore passed to the contrary notwithstanding. 48. § 2. It shall and may be lawful for the common council of common council •' to make rules tor the said city to ffive such directions, and to make such rules ^^p povtrnment •' ° ' ol public adinm- and regulations for the government of the said public admin- istraior. istrator, as they may from time to time deem necessary and proper to carry into effect the provisions of said article ; and it shall be his duty faithfully in all things to conform to the same. NoTH. — The office of public administrator was created by the act of 1815, vol. 3, p. 161 ; before that period the duty of administering to certain persons djing ioteetale belonged lo the chamberlain of the citj ofNewYork. 16 . ALDERMEN. AL DERM EX. iuDeKS OF Common Pleas,— Vide " Common I'leas." Judges of General Sessions,— Vide *' Court of General Sessions.' Judges of Oyer and Terminer, — Vide "Ojer and Terminer." Revised Statutes, Vol 2. P, 743. ARTICLE 11. 1. When to act as Coroner. 2. When may act as attorney and counsel. Certain officers 9. § 1. Ill casG of the absonoo of the coroner of the citv and in New-York -rri r ^ • • ^ i/^ *^i when to act aa countv 01 JXew^-York, or ot his inability to attend from sick- coronera. *^ • i i . ness or any other cause, at any time, any aklerman or special justice of the city, may perform during such absence or ina- bihty, any duty appertaining to the office of coroner of the said city, under this article ; and such alderman or justice shall possess the like authority, and be subject to the like ob- ligations and penalties as the said coroner. ALDERMEN. ^^ CHAP. XXIV. AN ACT to amend Title 1, Chapter III. Pa7i III. of the Re- vised Statutes, concernivg Courts of Justice, and the Poicers and Duties of certain Judicial OJicers in the City of New- York. Passed February 23, 1832. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. The third chapter of part third, title first of the Re- chap. amended; vised Statutes, shall be and the same is hereby amended, by- inserting, at the end thereof, the following sections, which in any future pubhcation of the said title shall be numbered as the twelfth and thirteenth sections of tlie said title : 12. § 2. The provisions of the fourth and fifth sections of this The provision of ^ ^ tins act 18 iiitend- tlie Rev. title shall not prevent the aldermen of the city of New- York ed to remove ^ •' rcstramts of ] from practising as attorneys or counsel in the court of com- |'4-^^'-5^- Pi^Ycu mon pleas of the said city, nor from having partners prac- Se'^JSaJact as tising in said court ; provided such alderman shall, within ten cStoJ'^or'^' attoj- days after having taken the oath of office required by law to ywHicIl^ hTi be taken by aldermen in said city, file in the office of the clerk KfknTpartlTer of the said city and county a declaration of his refusal to act foirtof whiJh^hl as a judge of said court of common pleas, during the term of S Sofe'suitsTil his service as alderman. bel^X^l &c.*" § 13. On filing such declaration of his refusal, such alder- ibid; man shall not act as judge of said court, nor be empowered to execute any of the duties of such officer, except in exer- cising the duties enjoined on him by the constitution. 3 IB ALMSHOUSE AND BRIDEWELL. AL1II8HOU8E AlXn BRID£lV£LIi. [Thirty-Sixth Session. — Vol 2. p, 439.] CHAP. LXXXVL AN ACT TO REDUCE, &c. Passed April 9, 1813. COMMISSIONERS OF THE ALMSHOUSE AND BRIDEWELL. 1.' Common council to appoint commissioners of tlie almshouse, and, 2. May remove them and appoint other officers, and 3. Powers of commissioners. 4. Commissioners may bind out poor children. 5. Settlement, how acquired in New-York. 6. Penitentiary, and who to be confined therein. 7. Jail of the city, and who to be confined therein. 8. Keepers of the jail and penitentiary to receive prisoners. 9. Disorderly persons may be committed to penitentiary for six months. 10. Powers of the corporation in relation to almshouse, bridewell, and penitentiary. 11 & 13. Superintendent of almshouse and tenure of his office. 13. Paupers required to work, and punishment for refusing. Common council 1 . § CCXLVL And be it further enacted, That it shall be law- to appoint com- *^ missionersoftheful for the mayor, aldermen and commonalty of the city of New- York, in common council convened, to nominate and ap- point under the common seal of the said city, not more than five of the freeholders and inhabitants of the said city, to be the overseers of the poor thereof, by the name and style of " the commissioners of the almshouse and bridewell of the city of New- York ;" which said persons being so appointed, or the major part of them, shall have the same power and authority of Their duties, ovcrsceing and providing for the poor of the said city, and they or any two of them shall have the same power and authority for putting or binding out apprentices and servants in the said city, and be subject to the same duties and penalties which the overseers of the respective towns in this state have or are subject to. Common council 2. § CCXLVIL And be it further enacted, That it shall be missioners and lawful for thc commou couucil of the said city to remove from appoint others. • i i • i j omce any person so by them appomted, at their pleasure, and ALMSHOUSE AND BRIDEWELL. , 19 also in manner aforesaid, from time to time, to fill all vacancies which shall be occasioned by such removal, or by death or resignation, and also from time to time to appoint such other And appoint officers as they may deem proper for the government of the said almshouse and bridewell, and to make and ordain such dinance™ for the ordinances and regulations as they shall think necessary for fJeSf"^"' ' the better government of the said almshouse and bridewell, and the keepers, officers, and servants thereof: Provided, Such ordinances and regulations be not contrary to the laws and constitution of this state, or of the United States. 3. § CCXLVIIL And he it farther enacted, That the commis- Further power. •^ . of commiBsionera sioners of the almshouse and bridewell of the city of New- York, or any one, two, or more of them, shall have and exercise the same powers and authority, and do every act and thing in pursuance of the "act for the settlement and relief of the poor," and the " act concerning apprentices and servants," in the same manner as if they were justices of the peace for the city and county of New- York, or aldermen of the said city : Pro- vided always, That nothing herein contained shall be construed to authorize them to sit as judges in the court of general ses- sions of the peace, in and for the said city. And whereas the commissioners of the almshouse and bride- well of the city of New- York, or some of them, have hereto- fore bound out poor children, as apprentices or servants, to persons residing out of the said city, and doubts are enter- tained whether such binding be lawful : Therefore, 4. § CCXLIX. Be it further enacted, That every such binding commis8ioner» out heretofore made, shall be and the same is hereby confirm- poor children, to ,,,,., . . (, , 1 11 persons residing ed, and that the said commissioners, or any two oi them, shall in any part of the and may, when they see fit, bind out such poor children as they shall be authorized to bind out, to any person or persons residing out of the city of New- York : Provided, The person or persons to whom such children may be bound, shall reside in this state. - 5. § CCL. And he it further enacted, That the person or per- Persons from * ^ ' r 1 other states, in sons who may have or hereafter shall come into the city of ^'^*^ ""^^^^ "^* •^ .'to acquire a eet- New-York, from any other state within the United States of ^.\\«j;"J'^/5 J^^^ America, shall not be deemed and adjudged legally settled in the said city, unless the party shall first prove to the satisfac- 20 ALMSHOUSE AND BRIDEWELL. tion of the commissioners of the ahiishouse and bridewell of the said city, that after his or her arrival therein, he or she, as the case may be, shall have acquire^i such requisites to constitute a settlement, as are necessary in and by the laws of such state, from whence he or she may have come as aforesaid. [Thirty-Seventh Session.^VoL 3. b. p. 190.] CHAR CLXXVL AN ACT relative to the Almshouse and Bridewell, and City Prison, in the city of New-Yorh Passed April 15, 1814. Recital, Whereas the mayor, aldermen and commonalty of the city of New- York, have, by their memorial, represented to the legislature, that they are now erecting, and have nearly com- pleted, spacious buildings, at Bellcvue, in the ninth ward of the city of New- York, one of which buildings is designated by them to be used and employed as an almshouse, and an- other contiguous thereto is designated by them to be used and employed as a jail, for the confinement of such offenders as are to be kept at labour during their imprisonment ; and have prayed the legislature, for certain reasons set forth in their said memorial,^ to establish the said last mentioned building as one of the jails of the said city, and to enact the hereinafter contained provisions relative to commitment of offenders thereto, and to the city prison or bridewell, the prayer of which memorial appears proper to be granted : Therefore, Penitentiary of 6. § L Be it enacted by the People of the State of New-York, New- York. tj x ^ »' represented in Senate and Assembly, That one of the buildings now erecting by the mayor, aldermen and commonalty of the city of New- York, at Bellevue, in the ninth ward of the said city, as shall be designated by the common council of the said city, shall be and become one of the jails of the said city, by the name of " The Penitentiary of the city of New- York," whenever and as soon as the common council of the said city shall deem such building sufficiently finished for the safe keep- ALMSHOUSE AND BRIDEWELL. 21 ing of the prisoners ; and the said building shall thenceforth fiS'lherein.*'"' be and continue the jail of the said city, for the confinement and safe keeping of all persons convicted of any crime or mis- demeanor, and sentenced to confinement therein, by the gene- ral sessions of the peace, in and for the city and county of New- York, or any court of oyer and terminer there ; and also of all persons committed thereto by the mayor, recorder, and aldermen of the said city, or the special justices for pre- serving the peace in the said city, for the time being, or any two of them ; and the said penitentiary shall be under the Penitentiary, un- ^ •' , der whose charge charge of the mayor, aldermen and commonalty of the city of New- York ; and the said mayor, aldermen and common- alty, in common council convened, shall, from time to time, p^fS/*^^^*^^ appoint some proper person to be keeper of the same, who shall hold his office during the pleasure of the said common council, and shall be called " the keeper of the penitentiary of the city of New- York ;" and all commitments of offenders to the said jail, shall be to " the keeper of the penitentiary of the city of New- York." » 7. § 2. And be it further enacted, That the part of the bride- Jaiiofihecity, well of the city of New- York, which is now established and used as the jail of the said city, for the confinement and safe keeping of all persons charged with, or convicted of any crime or misdemeanor, except persons sentenced to imprisonment in the state prison, shall, after the above mentioned building at Bellevue becomes the penitentiary of the said city as afore- said, continue to be the jail of the said city, for the confine- ment and safe keeping of such persons as shall be specially committed thereto, or sentenced to confinement therein, and especially of all persons committed to prison in the said city Whotobecon- r rr - ^ tt ■ . ^ ,...,, ^ ^"ed therein. lor offences agamst the United States ; and the jail last afore- said shall also be under the charge of the mayor, aldermen and commonalty of the said city ; and the common council of the said city shaff, from time to time, appoint some proper Keeper to be ap- person to be keeper of the same, who shall hold his office Knu ' ^"** ^^ during the pleasure of the said common council, and shall be called " the keeper of the city prison of the city of New- York;" and all commitments of oflTcnders to the jail last aforesaid, shall be to " the keeper of the city prison of the city of New-York." 22 ALMSHOUSE AND BRIDEWELL. pStemiarf and ^' § ^' "^^^ ^^ it further cnactecl, That the keeper of the said SnerT&c!'^^" penitentiary and the keeper of the said city prison, shall keep all persons committed to them respectively in the same man- ner and under the same penalties as the sheriffs of the other counties in the state ought by law to keep in the jails of the respective counties, the criminals committed to them. Disorderly prr- 9. § 4. ^^nd be it further enacted, That it shall and may be sons may be com- "' ^ • ♦' ^ mitted to the pe- law^ful for the mavor, recorder, and aldermen of the said city iiitentiary for six J ^ 7 j months. of Ncw- York, and the special justices for preserving the peace in the said city, for the time being, or any two of them, to commit any person who may be deemed and adjudged a dis- orderly person, within the meaning of the act, entitled " an act for apprehending and punishing disorderly persons," to There to be kept the abovc mentioned penitentiary, to be kept at hard labour, or any w^ork or employment therein, for any period not ex- ceeding six months. Common council 10. § 5. And he it further enacted, That it shall be lawful for appoint officers thc mayor, aldermen and commonalty of the city of New- over the alms- _^ . . house, bridewell, 1 ork, m couimou council conveued, irom time to time, to ap- knd regulate' the point such Other officors as they may deem proper' for the same by ordinan- * . 1 i 1 i • i n i • ces, &c. government oi the said almshouse, bridewell, and city prison, and penitentiary, and to make and ordain such ordinances and regulations as they shall deem necessary for the better government of the said almshouse, bridewell and city pri- son, and penitentiary, and the keepers, officers, and servants Proviso. thereof: Provided, Such ordinances and regulations be not contrary to the laws and constitution of this state, or of the United States. onhe'aimshouse H . § 6. And hc it further enacted, That it shall be lawful for by "the^Sunon thc Said uiayor, aldermen and commonalty, of the city of council. New- York, in common council convened, from time to time, to appoint such discreet and suitable person, as they may think proper, to be superintendent of the said almshouse, with such powers and duties as they may, from time to time, by their ordinances, regulations or by-laws, ordain and pre- Tohoid his of- scribe, and to hold^his office for the term of seven years, if un^ess'^soonerre- hc shall SO loug bc of good bohaviour, and removable during conduct only. that period for corrupt or malconduct, or disability, solely, and for no other cause. ALMSHOUSE AND BRIDEWELL, 23 [Forty-Fourth Session. — Vol 5, c.j). 9.] CHAP. XIIL AN ACT to repeal part of an act, entitled " An act relative to the Almshouse and Bridewell and City Prison in the City of New-York:' Passed January 22, 1821. 12. § L Be it enacted by the People of the State of New-York, ^f^X^LoSTn represented in Senate and Assembly, That so much of the sixth pleasure" etX section of the act, entitled " An act relative to the almshouse and bridewell and city prison in the city of New- York," as provides that the superintendent of the almshouse shall hold his office for the term of seven years, if he shall be so long of good behaviour, and removable during that period for corrupt or mal-practice, or disability solely, and for no other cause, be and the same is hereby repealed : And further, That the su- perintendent of the almshouse shall hold his office only during the pleasure of the mayor, aldermen and commonalty of the city of New-York. CHAP. XIII. AN ACT for the better government of the Almshouse in the City of New-York. Passed February 4, 1822. 13. § L Be it enacted by the People of the State of New-York, Paupers required represented in Senate and Assembly, That it shall be lawful for the superintendent of the almshouse, in the city of New- York, to require and compel all paupers actually chargeable upon, or receiving support from the said city, to perform such reasonable work, labour and service, as they shall respective- ly be able to perform without injury, or hazard to the health of 24 almshouse: the said paupers, and said superintendent shall from time to time direct ; and in case any such pauper shall refuse or neg- lect to perform the work, labour and service, so required of him or her, or shall not comply 'with and conform to such by- laws, rules, or regulations as now are or hereafter may be made and established by the mayor, aldermen, and common- alty of, the city of New- York, for the well ordering and go- vernment of such paupers, or shall at any time depart from such almshouse, until he or she shall be regularly and duly dis- im?ndem.^"^^'^' "fiissed and discharged therefrom ; in each and every such case it shall and may be lawful for the said superintendent, by and with the consent of the commissioners of the almshouse and bridewell of the said city, or any one of them, to inflict such reasonable and moderate punishment upon such disor- derly, disobedient, or refractory pauper, as he shall deem proper : provided such punishment shall not be by personal chastisement, nor shall extend beyond solitary confinement, in some part of the said almshouse, and feeding on bread and water only, until he or she shall submit to perform the labour, work, and service required of him, or her, and obey, conform to, and observe the rules and regulations aforesaid, or for such term as the said superintendent and commissioners shall judge proportioned to his or her offence : Provided, however, That every such pauper who shall think himself or herself aggrieved by the conduct of such superintendent towards him or her, shall be permitted to appeal to the board of commissioners, a ma- jority of whom shall be authorized to make such order in the case as to them shall appear just and proper. Proviso. AA'IMALS — iiAciNr. OP. 25 A:\i;TlAL,J«}-RACiIVG OF. Revised Siatutea, VoL 1. /». iM:i. ARTICLE FIFTH. OF THE RA€lNO or AMMALS.* 55. Racing, &c. of horses, -Stc. prohihitnl ; penalty. 50. Duly ol' jnil)ljc orticeni to {»ieveiU i ace.s and bind over ortt'ndcrS. 57. Penalty for conlril)Utiii'r or coUcdin^' purse, &c. to be raced tor. 58. i'eaully on owners of horsivj, &Cv and on pereonp telling. § 55. All running, trotting, or pacing of horses, or any »Arkg, fec.or Other animals, lor any bet or stakes, m money, goods, or other ed; valuable thing, or for any reward to be given to the owner or rider of any animal which shall excel in speed, excepting such as are by special laws for that purpose expressly allow- ed, shall be deemed racing within tlie meaning of this Article, and are hereby declared to be connnon and public nuisances and misdemeanors ; and all parties concerned therein, either penalty, as authors, betters, stakers, stakeholders, judges to determine the speed of the animals, riders, contrivers or abettors thereof, shall be deemed guilty of a misdemeanor, and shall be punish- ed by fine not exceeding five hundred dollars, or by imprison- ment not exceeding one year. (87) § 56. It shall be the dutv of all ofTicers concerned in the r«i)iic officers , . . . . . . " I *" prevent races admnustration ot iustice, to attend at the iilace where they ami bind over ,. . * -^ oftendere. .sliall know or be informed that any race is about to be run con- trary to the provisions of the law \ and there give notice of the illegality thereof, and endeavour lo prevent such race, by dis- persing the persons collected for the purpose of attending the * An act wa.- j.asseri March 19, 1802, 3 W. p. 52, entitled " Ats art to prevent Horse Racing :!:i(i for other piirposes therein mention(?d," vvhicli is incorporated in the Ki'visinn of W\^, Vol. J, p. 2-22. That act doclarfis all hut.s and contracts i:v')n any race void ; and racin? of horse? a nuisance ; and the authors, abettors and stakeliolders, See. may be proceeded a;;ainsi jind pijni;lKd by fine and imprisonment. The act referred to afSpears to bf; the fir:,t Ic^-i.-'a- tivc act upon the sul)ject. dnce the organization of the present govenmient, ;ind is repealed by the repealing act of December 10, 1828. 3 Ucv. ^. p. 129, Xo. 26. (:^7) 1 R. L. 22-:, (il&LG. 4 36 ANIMALS— RACING of. same, and by all other ways and means in their power. Upon their own view of any persons offending against the provisions of the preceding section, as well as upon the testimony of ^ others, such judges and justices shall issue warrants for the immediate apprehension of the persons so offending, to the end that they may be compelled to enter into recognizances, with sufficient sureties for their good behaviour, and for their appearance at some proper court, to answer for the said offences. •' Penalty for con- § 57. Every Dcrson who shall contribute or collect, or so- tnbuting or col- * J r labels fof^* ^^^^^ ^^y Other person to contribute or collect any money, goods, or things in action, for the purpose of making up a purse, plate, or other valuable thing, to be raced for by any animal contrary to law, or to be given to the owner or rider of any animal so racing contrary to law, shall forfeit twenty- five dollars, to be sued for and recovered by and in the name of the overseers of the poor of the town where the offence may be committed. (88) Penalty on § 58. The owncr, in the whole or in part, of any animal owners of horses, , , ,, , , , i i , • • • • • &.C. and on per- that shall bc uscd or employed, by his permission or privity, in racing contrary to law, shall forfeit the value of the animal so employed. Every person concerned in laying any bet or wager upon the event of any illegal race, or in contributing to the stakes to be awarded upon any such event, shall forfeit the amount of the bet or wager so made, or of the sum or thing so contributed. The said forfeitures may be sued for and recovered by the overseers of the poor of the town where the offence may be committed. (88) (88) 1 Rev. Laws, 222, ^ 2, 3 & 4. APPRENTICES AND SERVANTS. 2*7 OF MASTERS, APPRENTICES, AND SERVANTS. Revised Statutes, Vol. 2. p. 154. Art. 1.— Of apprentices and servants bound by indenture. Art. 2. — Of persons held in service. Art. 3.— General provisions. ARTICLE FIRST. OF APPRENTICES AND SERVANTS BOUND BY INDENTURE. 1. How and for what term minors may bind themselves as apprentices, &c. 2. By whom consent to such binding to be given. 3. Consent how signified. 4. Executors, in certain cases, may bind out minors. 5. Who may be bound out by county superintendents of the poor. C. Who may be bound out by overseers of poor of a town. ' 7. Con.sent of a justice necessary to binding out Indian children. 8. Age of infants to be inserted in indentures. 9. 3Ioney paid, &c. on binding out, to be stated in indentures. 10. Special agreement to bo inserted in indentures by overseers, &c. 11. Duplicates of indentures by overseers and superintendents, where to be deposited. 12. Indentures by foreigners being minors. . 13. How to be acknowledged and certified. 14. When and how such indentures may be assigned. § 1. Every male infant, and every unmarried female under who may bind 3 J ^ J themselves as ap- the age of eighteen years, with the consent of the persons or prentices, &c. officers herein after mentioned, may of his or her own free will, bind himself or herself, in writing, to serve as clerk, appren- tice or servant in any profession, trade or employment ; if a male, until the age of twenty-one years, and if a female, until For what tenoB. the age of eighteen years, or for any shorter term ; and such binding shall be as valid and effectual, as if such infant was of full age, at the time of making such engagement. (19) § 2. Such consent shall be given. who to con.sent 1. By the father of the infant. If he be dead, or be not in a ***^"*^'' *" '"^' legal capacity to give his consent, or if he shall have abandon- ed and neglected to provide for his family, and such fact be certified by a justice of the peace of the town, and endorsed on the indenture, then, (19)1R.L. p. 135, ^2, 4&14. 28 APPRENTICES AND SERVANTS. 2. By the mother. If the mother be dead, or be not in a legal capacity to give such consent, or refuse, then, 3. By the guardian of such iniix^n duly appointed. If such infant have no parent living, or none in a legal capacity to give consent, and there be no guardian, then, 4. By the overseers of the poor, or any two justices of the peace of the town, or any judge of the county courts of the county, where such infant shall reside. (10) Consent to be in § 3. Such couscut shall bc signilicd in writiniji-, by the per- writing, &c. • i i • i -, • <> i ' i r son entitled to give the same, by a c-ortincate at tlie end oi, or endorsed upon, the indentures, and not otlierwise.(19) whon executors § 4. The cxecutors of auY last will of a father, who shall rnay bind out mi- , ,, , , , .,, ' . i i •, i i nors. be directed in such will to bring up such chud to some trade or calling, may bind his child to service, as a clerk or ap- prentice, in like manner as the father might have done, if living.(19) When county su- § 5. Tlic couutv Superintendents of the poor, of the seve- porintendfnts . \ • i , ., i i i i ral counties, may bind out any child, under the ages above specified, w^ho shall be sent to any county poorhouse, or who is or shall become chargeable, or whose parent or parents are or shall become chargeable to such county, to be clerks, ap- prentices or servants, until such childf if a male, shall be twenty-one years old, or if a female, shall be eighteen years old; which binding shall be as effectual, as if such child had bound himself v/ith the consent of the father. pO) whpn ovcrsoera § 0. Thc oversecrs of the poor of any town or city, may, '"^ ^' in like manner, bind out any such child, who, or whose pa- rent or parents, shall become chargeable to such town or city, or who shall have been sent to any poorhouse, other than a county poorhouse, with the consent in writing, of any two justices of the peace of the tow^n, or of tlie mayor, recorder and aldermen of any city, or of any two of them. (21) Indian ciiiidren. § 7. No child of an Indian woman shall be bound as an ap- prentice, under thc provisions of this Title, except in the presence and wdth the consent of a justice of the peace ; a certificate of which consent signed by the justice, shall be (19) I R. L. 1). 13.-), <^ 2, 4 fc 11. (2(j) Laws ol' 1S'2G, p. 21X). (21) 1 R. L. p. 135, ^ 2, 4 & 14. ly bind out in lantB. APPRENTICES AND SERVANTS. 29 filed with ihii clerk of the town in which the indcntiu'C of ap- l)reiiticeship shall be executed. (21) § 8. The age of every infant so bound, shall be inserted '!^rxnLnId^!x%\" in the indentures, and shall be taken to be the true age, with- out further proof thereof; and wdienever any public officers are authorized to execute any indentures, or their consent is required to the validity of the same, it shall be their duty to inform themselves fully of the infant's age. (22) § 9. Every sum of money paid or agreed for, with, or in jionoy pni.i, tc. relation to, the binding out of any clerk or apprentice, shall be inserted in the indentures. (22) § 10. Whenever anv child shall be bound out bv the count v Spociai apree- • " ' ' iiitiit to Ix' irisert- su})ermtcndents oi the poor oi any county, or by the over- cd in certain seers of the poor of any city or town, the indentures shall contain an agreement on the part of the person to whom such child shall be bound, that he will cause such child to be- instructed to read and write, and if a male, will cause him to be instructed in the general rules of arithmetic ; and every such indenture shall also contain an agreement, that the mas- ter will give to such apprentice, at the expiration of his or her service, a new bible. (22) § 11. The counterpart of an^' indentures executed by the retain inrfpn- ' ^ 1 J r 1 " 1 11 1 1 , , . tJircs, whore to county supermtendents ol the poor, shall be by thcAu deposit- be deposited. ed in the office of the clerk of the county; and the counter- part of such indentures executed by any overseers of the p(XH', shall be by them deposited in the office of tlic clerk of their city or town. (23) § 12. Any person coming from any foreic^n country be- in.irnfurrpby , * 1 • 1 1 • 1 - foieijru.'is b» ing yond sea, may bmd hnnsed to service, if an infant, until he "'•"»"'• attain the age of twenty-one years, or for a shorter term. Such contract of service, if made for the purpose of raising money to pay his passage, or for the payment of such passjage, may be for the term of one year, although such term may ex- tend beyond the time when such person will be of full age ; but shall in no case be for a longer term. (24) (21) 1 II. L. p. ir,, sor. 2, 4 Sc J-l. (o-) lb. sec. 5, G &c 7. (23) 11,, p. l^C, .-...c. 4, I.aus of 18-30, p. 290. (24) 1IM<. p. 137, sec. H. 30 APPRENTICES AND SERVANTS. iSge*d,&J"°''" ^ 1^- ^"o contract made under the last section shall bmd the servant, unless it be acknowledged by him before some mayor, recorder, or alderman of a city, or bjefore some jus- tice of the peace ; nor, unless a certificate of such acknow- ledgment, and that the same w^as made freely, on a private examination, be endorsed upon such contract. (24.) How assigned. § 14. The Contracts specified in the two last sections, may be assigned by the master, by an instrument in writing en- dorsed thereon, executed in the presence of two witnesses ; if such assignment be approved of, in writing, by any magis- trate mentioned in the preceding section, and such approba- tion shall be also endorsed on the contract. (24.)* ARTICLE SECOND. OF PERSONS HELD IN SERVICE. la. Certain persons born of slaves, to be servants ; how Ion?. 1(5. If born Avitliin certain periods-, to be servants only until iwcnty-one. 17. Master to in.^truct surli .servants ; etfect of neglect. 18. Certain affidavit to be tiled to entitle to service. in. When ser. ant released, to be bound out by overseers of the poor. 20. Slaves nf certain emigrants to be servant* ; how long. 21. Allidavit to be filed to entitle to such service. 22. Such servants to be instructed. 21!. I pon such servant.s beinji released, how bound out. 21. Penalty for trading, &-c. with certain servants. 25. Penalty for employing, concealing, &c. such servants. Certain children § 15. Evcrv cliild bom in tliis statc previous to the tliirtv- of slaves to be , r a r i • eervants. first day of March, one thousand eight hundred and seven- (24) 1 R. L. p. 137, section 8. * By an act passed Cth February, 1788, 2 Greenleaf, p. 26, entitled "An act concerning Apprentices and Servants," it is enacted, that the overseers of the poor, with consent of the justices, may bind poor children apprentices, but no infant to be bound longer than the pe- riod at which he shall arrive at 21 years of age, except such as are or shall be bound in order to raise money for the |)aymeut of their passages, who may be bound until of twenty-four years, provided the term of such service shall not exceed four years in the whole. By this act two ju.stices may ; unish apprentices for misbehaviour, aird three justices may discliargc in cases where no money was paid upon the binding of apprentices. And by the act for the settlement of the \Mor, passed 7th March, 1788, 2 Greenleaf, p. i33, § 28, it is declared, that in all contracts by overseers of tlie poor for binding out poor children a clause shall be in- serted, that the master shall cause such child to be taiiglit to read and write ; and overseers of the poor are declared to be guardians of such children. The act concerning apprentices and servants, before referred to, is revised by Mi.'ssrs. Kent and Rad. vol. 1, p. 180, and that revised act is adopted by the revisors of the laws of 1813, .>«ee vol. 1, p. 1.35. The act is re- pealed by t!i • act of Dec. 10, 1828, Rev. St. vol. 3, ]». 12i), ]Vo. 43. The ri,ghts and duties of masters and apprentices wore early subjects of legislation, a.s may be seen by refcr-.nce to v. S. vol I, p^43 : vol. 2, 'JTo. 185. Jones & Varick, vol. 2, p TJ2. 311. APPRENTICES AND SERVANTS. teen, of a person then held in slavery therein, shall remain the servant of the owner of the mother of such child, and of the personal representatives and assignees of such owner, in the same manner as if such child had been bound to service by the overseers of the poor of any city or town, pursuant to law, and shall continue in such service, if a male, until the For what age of twenty-eight years, and if a female, until the age of twenty-five years. (25) § 16. Every such child born after the date in the last sec- vijf "of ** em'S'ii tion specified, and before the fourth day of July, one thou- ^"'^'' «h«wren- sand eight hundred and twenty-seven, shall remain a servant as aforesaid, until such child shall arrive at the age of twenty- one years, and no longer. (25) § 17. Every person entitled to the services of a child, pur- ^°jj'g^^7*y ' *" suant to either of the two last preceding sections, shall cause such child to be taught to read and write, or shall furnish at least two years' schooling to such child ; and if this provision Effect of neglect, be neglected, the child is entitled, on arriving at the age of eighteen years, to be released from all obligations of service to such person. (26) § 18. Eveiy such child is also entitled to be released from Ar.iavit to be all obligations of service, on arriving at the age of eighteen years, unless within one year after the birth of such child, the person then claiming such services shall have filed with the clerk of the town or city whereof he is an inhabitant, an affi- davit in writing, containing the name and addition of such person, and the name, age, and sex of the child so born. (26) § 19. Whenever any such child shall be released from ser- ^v^on to be ^ , . , ^ , , . bound out by Vice, pursuant to either of the two last sections, the overseers overseen, of the poor of the city or town where such child resides, shall forthwith bind out such child to service until the age of twenty-one years, in the same manner, and with the like eflfect, as in the case of children chargeable to such town. (26) § 20. Every person born since the fourth day of July, one Certain 8iave« of thousand seven hundred and ninety-nine, and brought into seJvai*te * (Q5) Laws of 1?17, p. 136, $ 4, 5, 6. (26) Laws of 1617, p. 136, $ 4, 5, 6. 32 APPRENTICES. AND SERVANTS. this state as a slave, prior to the thirty-first day of March, one thousand eight hundred and seventeen, hy a person com- ing to reside permanently therehi, is free ; but shall remain the servant of the emigrant entitled to the services of such How long. person, and of his personal representatives; if a male, until the age of twenty-eight years, and if a female, until the age of twenty-five years, in the same manner as if such person had been bound to service by the overseers of the poor of" a town, in the cases authorized by law. (27) Affidavit to be § 21. Evcrv such Dcrsou is entitled to be released from all filed. 1 i- • *^ . obligations of service, on arriving at the age of eighteen years, unless the emigrant claiming such services, Avithin six mrnilhs after arriving within this state, shall have filed with the clerk of the city or town in which he then re- sided, his affidavit, containing his name and addition, and the name, age, and sex of the person, whose services are claimed. (27) flufhFcrTantsto ^ oo^ Evorv such i)crson is also entitled to be released be instructed. ' J l from all (obligations of service, on arriving at the age of twenty-one years, unless such emigrant, or his personal rc- ])rescnlatives, shall have used all reasonable means to teach such i)erson to read, and shall also have furnished him with at least one year's schooling. (27) bourlirolu X ^ '^^- ^^^ ^^^y ^^^^^ person being released from service, un- IC ic 17. {=28 J Lavvc of 1817, p. 141, V -2 ^ 23. Apprentices and servants. as § 25. No person shall harbour, employ, conceal, or entertain ZmSig,il.^"' any such servant specified in the preceding section, knowing him to be such servant, without the consent of his master. Whoever shall offend against this' provision, shall forfeit ten dollars for every twenty-four hours, and in that proportion for a greater or less time, during w^hicli such servant shall have been harboured, employed, concealed, or entertained, but not to exceed the value of the remaining term of service of such servant, to which the master shall be entitled. Tliis penalty may be sued for and recovered by the master of such servant.* (28) * That spirit of benevolence and philanthropy which is so active at the present day throughout the Christian world, has induced our legislature to enact sundry laws for the gra- dual abolition and final extirpation of slavery. The first act to be found in our statute book was passed March 29, 1799, '22 Session, chap. 22, Lor. And. p.721. That act declares that any child born of a slave after the 4th of July of that year shall be deemed to be born free, with a proviso, that such child shall continue a servant, if a niale, until lie shall arrive at the age of twenty-eight years, and if a female, until she shall arrive at the age of twenty-five years. In order to entitle the master to this service, he must file a certificate with the clerk of the city or town where he resides, within nine months after the birth of the child, or he may elect to abandon the child, in which case provision is made for its support until it shall have arrived at an age proper to be bound out by the overseers of the poor. The substance of this act is incorporated in the Revision of Kent and Rati. vol. 1, p. 612, and new provisions made in fa- vour of the gradual abolition of slavery. This act imposes restraints upon bringing slaves in the state, or selling or transferring slaves brought in the state, or exporting slaves out of the state, and inflicts penalties upon masters of vessels receiving slaves on board for exportation. This act was amended by an act passed Mar. 2Gth, 1802, W. vol. 3, p. 51, and by an act passed March 31, 1804, W. vol. 3, p. 479. And by an act, March 31, 1807, 5 VV. p. 94, further restraints were imposed against taking slaves out of the state, and slaves for a term of years were pro- hibited from being taken in any case out of the state. And by an act passed February 17, 1809, 5 W. p. 450, slaves are capable of taking by devise, descent, or otherwise, all estates real and personal, in the same manner as if they had been born free, and that all marriages contracted where one of the parties was a slave shall be deemed legitimate. These several acts are revised in the Revision of 1813, vol. 2, p. 201, and some new provisions made in fa- vour of a gradual abolition of slavery. This was followed by the act of March 31, 1817, vol. ■4, p, 136, which repeals the act of February 25, 1813, and is incorporat*^d in tbe above aet. <«) Laws of 1^17, p. 141, section 22, 03. 34 APPRENTICES AND SERVANTS. ARTICLE THIRD. GENERAL PROVISIONS. 26. Indentures, &c. invalid, unless made as herein prescribed. 27. County superintendents and overseers to be guardians of servants- 28. Penalt}' on apprentices, &c. absenting tliemselves from service. 29. Proceedings to compel apprentices, &c. to serve. 30. For misbehaviour may be brought before two justices, ice. 31. Justices, etc. to imprison offender, or discharge him from service. 32. How apprentices, etc. may be discharged for misconduct of masters. 33. Last five sections not to extend to certain apprentices. 34. 35, 36. Proceedings for misconduct of master, when money was paid, etc. on bind- ing out 37, 38. Proceedings in like esses for misbehaviour of apprentices, etc. 39. Journeymen and apprentices not to be restrained in using their trade, etc. 40. Penalties for violating last section. 41. Certain indentures may be assigned by executors, with consent of apprentices. 42. If consent refused, general sessions may order assignment. 43. This Title to apply to female mistresses, etc. as well as males. ^"vTd"'^**'^^^'^ § 26. No indenture or contract for the service of any ap- prentice shall be valid as against the person whose services may be claimed, unless made in the manner before prescribed in this Title. (29) int^ndelfts'^and ^ ^^' '^^^ couuty Superintendents of the poor, and the over- euarSns of se^r- sGcrs of the poor of the rcspcctive cities or towns, shall be vants. ^\^Q guardians of every person bound or held in service, in their respective cities or towns, to take care that the terms of the contract of service be fulfilled, and that such person Their duties as such. be properly used ; and it is hereby made their, special duty to inquire into the treatment of every such person, and re- dress any grievance in the manner prescribed by law. (29) pSS,^&;c*''' § 2®- If any person lawfully bound to service under either sli'ilTs^inh™'- of the preceding Articles of this Title, shall wilfully absent ^*^^' , himself from such service without the leave of his master, he shall be compelled to serve double the time of such absence, unless he shall otherwise make satisfaction for the loss and injury sustained by such absence ; but such additional term (29) 1 R. L. p. 137, $ 5, 6, 7, 10, 11 & 12. APPRENTICES AND SERVANTS. 35 of service shall not extend beyond three years, next after the end of the original term of service. (30) § 29. If any such person shall refuse to serve according to jjJPP'^JJj^p^fed the provisions of this Title, or the terais of his contract or in- to serve. dentures, his master may apply to any justice of the peace of the county, or to the mayor, recorder, or any alderman of the city, where he shall reside, who shall be authorized by war- rant or otherwise, to send for the person so refusing, and if such refusal be persisted in, to commit such person, by w^ar- rant, to the bridewell, house of correction, or common jail of the city or county, there to remain until such person will con- sent to serve according to law. (30) § 30. On complaint beinff made on oath, by any master. Proceedings ^ ^ o ' .7 J ' against, tor im»- touching any misdemeanor or ill behaviour of any such per- behaviour, son, to any two justices of the peace of the county, or to the mayor, recorder, and aldermen of any city, or any two of them, it shall be their duty to cause the person complained of to be brought before them, and to hear, examine, and de- termine the complaint. § 31. If the complaint appear to be well founded, the said offender may be officers mav, by warrant, commit the offender to the house of discharged from '' , . ., ^ , -. service. correction, or to the common jail oi the county, lor any term not exceeding one month, there to be employed in hard la- bour, and to be confined in a room with no other person ; or they may, by a certificate under their hands, discharge the offender from his service, and the master from all obligations to such offender. (30) discharged. § 32. If any master shall be guilty of any cruelty, misusage, Misconduct of refusal of necessary provisions or clothing, or any other vio- SSf&c^may'be lation of the provisions of this Title, or of the terms of the in- denture or contract, towards any such person so bound to service, such person may make complaint to any two of the officers specified in the preceding thirtieth section, who shall summon the parties before them, and examine into, hear and determine the complaint, and by certificate under their hands, discharge such person from his obligation of service. (30) (.30) 1 R. L. p. 137, ^ 5, 6, 7, 10, 11, IS. 86 APPRENTICES AND SERVANTS. ia^"five sS.^^ § 33- The preceding five sections shall not extend to any apprentice whose master or mistress shall have received, or shall be entitled to receive, any sum of money with liim, as a compensation for his instruction. (30) paid,&c.orS § 34. In cases where money was paid, or agreed to be paid, fofm&SucTof on the binding out of any clerk or apprentice, the like corn- master, plaint may be made by any person so bound to service, to any justice of the peace of the county, or any mayor, recorder, or alderman of the city, in which he shall reside, who shall inquire into the matter, and make such order and direction between the master and the person bound to service, as the equity of the case may require. ern'r^'^inTo^'cot § 35. If the diiBculty cannot be compounded or reconciled, a^gSaiT^*'^ such officer shall take a recognizance from the master for his '°^'' appearance at the next court of general sessions of the peace of such county, in such sum and with such sureties as he shall approve. rlu*^88TonB.^*"*' 5 36. Upon a hearing of the parties, the court may discharge the person so bound to service from his obligation, by a rule to be entered in their minutes ; and may order any sum of money that shall have been paid or agreed for on the binding out of such person, or any part thereof, to be refunded, if paid, to him who advanced the same, or his personal representa- tives ; and if not paid, they may, by order, discharge the same, and direct any securities that may have been given therefor, to be delivered up or cancelled. (31) Proceedinzs in ^ 37^ 'pj^g mastcr of any person so bound to service, where liKe caECB by mas- ^ • 1 ' **'• any money was paid or agreed to be paid, on such binding out, may, in the same manner, make complaint of the misbe- haviour of any such person to any such officer, who shall proceed in the same manner to inquire into the same ; and he may take a recognizance from the person bound to service for his appearance at the next court of general sessions. Powers of gen*- ^ 38. The court may in like manner discharge such person *uch cates, fj-Qni scrvicc, and order the refunding of any money so paid CSO) I R. L. p, 137, $ 5, fi, 7, 10, U, 15. (31) 1 R. L. p. 138, ^ftc. 9. APPRENTICES AND SERVANTS. 87 or agreed to be paid, and the cancelling of any securities ; and may punish such person by fine or imprisonment, or both, as for a misdemeanor. (31) § 39. No person shall accept from any journeyman or ap- ^""/"n^JJJJ" "^ prentice, any contract or agreement, nor cause him to be [« ^Isi^'^^'^l^ei bound by oath or otherwise, that after his term of service ^^*<*^' *^«- expired, such journeyman or apprentice shall not set up his trade, profession, or employment, in any particular place, shop, house, or cellar ; nor shall any person exact from any journeyman or apprentice, after his term of service expired, any money or other thing, for using and exercising his trade, profession, or employment, in any place. (32) § 40. Every security given contrary to the provisions con- renaiue*. tained in the last section shall be void ; any money paid, or valuable thing delivered, for the consideration, in part or in whole, of any such agreement or exaction, may be recovered back by the person paying the same, with interest ; and every person accepting such agreement, causing such obli- gation to be entered into, or exacting money or other thing as aforesaid, shall forfeit one hundred dollars to the appren- tice or journeyman from whom the same shall have been re- ceived. (32) § 41. Upon the death of any master, to whom any person a^^'/n cenaiJTh^^ may have been bound to service, as clerk, apprentice, or eonienr&c!"^ otherwise, by the county superintendents of the poor, or by the overseers of the poor, the executors or administrators of such master may, with the consent of the person bound to service, signified in writing, and acknowledged before a jus- tice of the peace, assign a contract of such service to any other person, which assignment shall vest in such assignee all the rights of the original master, and render him subject to all his obligations. § 42. If the person so bound to service refuse to give such rl{*'^'g"siong"\} consent, such assignment may be made under the sanction of <^°"'"^"* '■^''"**^- an order of the court of general sessions of the peace, after fourteen days' notice of an application to that effect, served (HI) I R. L. p. 138, sec. 9. (31») lb. p. IS."), sec. 1, 88 ASSISTANT JUSTICES. on the apprentice, his parent or guardian, if there be any in the county, and when so made, such assignment shall be as valid and effectual as if such consent had been given in man- ner aforesaid. ^J'&Z fe-^ § 43. The provisions of this Title shall apply as well to mistresses, female guardians, apprentices and wards, respec- tively, as to masters^ male guardians, apprentices and wards. this males. A§j§iistaiit Justices. — Appomtuneiit of, &c.* Revised Statutes, Vol 2. P. 224. 1. Authorized and required to hold a court. 2. Must be held in the manner specially provided by law. 3. Appointment of. 1. § 2. Each of the assistant justices of the city of New- York is authorized and required to hold a court within the ward or wards for which he may be appointed. * Courts of Justices of the peace and assistant justices have undervi^ent various altera- tions and mutations as it respects the City of New- York, as the various acts passed upon the subject will abundantly prove. Perhaps there are few subjects of Legislation, which ara met with so many obstacles as those efforts which are made to settle upon any thing like a permanent basis, courts for the trial of small causes. By the 20th section of an act entitled " an act for the more speedy recovery of debts to the Value often pounds," passed April 17, 1787, Greenlcaf, Vol. 1, p. 445, it is enacted that the person administering the government, by and with the advice and consent of the Council of Appointment, may ap- point so many persons in the City of New- York as they may think necessary, by the name of Assistant Justices, who are invested by the act with the same powers as justices of the peace in the counties of this state under the said act. The above act was amended and explained by the act of 21st February, 1791, Greenleaf, Vol. 2, p. 345, which declares that doubts having arisen, whether the Aldermen of the City of New- York being justices of the peace by virtue of the Charter, had power under the said act to try, hear and determ.ine causes, the second and third section declares, that it sliall not be lawful for the Aldermen of the said city to try, he.ir and determine causes under and by virtue of the said act. From this period to the 16th February, 1797, the jurisdiction under the act for the more speedy re- covery of debts under ten pounds, was exercised by these assistant justices. By an act for the recovery of debts and demands to the va!ue of ten pounds in the City of New-York, passed ICth February 1797, Greenleaf, Vol. 3, p. 372, an entire new provision was made. The preamble to that act recites, whereas the appointing assistant justices to hear, try and determine causes in the City and County of New York, by virtue of the act, entitled "an act for the more speedy recovery of debts to the value of ten pounds," has n-ot " been attended with all the benefits thereby intended, and it is conceived a better mode can he adopted in the City of New-York for the recovery of de,bts and demands not exceeding te» pounds. The act then authorizes and directs the appointment of Justices of the Peace, in and for the City and County of New- York, with full power under the act entitled "an act for the more speedy recovery of debts to the value often pounds, and actions and infor- mations for penalties to the amount of ten pounds, and authorizes and requires them to hold a court at the City Hall, where two of them shall sit in rotation ; the first and second person named in the commission shall attend and hold the said court tlie first week, and the third ASSISTANT JUSTICES. 39 2. § 5. The several courts enumerated in this Title shall re- spectively possess the jurisdiction and powers, be holden at the times and places, and proceed in the manner specially pro- vided by law. and the fourth the second week, and so on until all the said justices shall have served one week, if they consist of an even number, or otherwise all but one ; and then Uie person first and last named in the commission shall attend and hold the said court the next week, and the second and third persons named therein the week after, and so on in like rotation after. And if the justices present at any time in the said court shall be equally divided upon any question before them, the senior justice present, that is, he whose name stands first in the commission, shall have the casting vote. And repeals the 20th section of the ten pound act authorizing the appointment of assistant justices. This Court existed until March, 1804. By an act entitled "an act for establishing courts of justice of the peace in and for the City of New- York," passed March 24, 1804, 3 Webster, p. 437, the courts of justices of the peace were again entirely re-organised. By this act the person administering the government is authorized and required to appoint and commission not exceeding eight justices of the peace in and for the City of New-York, who are invested by the act with civil and criminal pow- ers, and are required to hold two courts in the City of New- York, one at the City Hall and the other not exceeding one quarter of a mile from the new watch-house, and are invested with powers to decide all actions of debt and for penalties and forfeitures to the amount of fifty dollars, and jurisdiction is given to the Court over certain marine cases in favour of seamen and mariners, &c. By the 6th section it is declared that it shall be the duty of the said justices to hold the said courts according to the following rotation, that is to say: the first and second persons named in the commission shall attend and hold the court to be holden at the City Hall aforesaid, and the third and fourth persons named in the commission shall attend and hold the other court to be holden by the said justices, the first week ; the fifth and sixth persons named in the said commission shall kold the other court the second week, and so on till all the justices have served one week in one of the said courts. This act repeals the act of April 17, 1787, entitled "an act for the more speedy recovery of debts to the value often pounds" so far as the same extends to the City of New- York, and the act entitled " an act concerning the recovery of debts and demands to the value of ten pounds in the City of New-York," passed February 16, 1797, and an act concerning certain debts and de- mands in the City of New-York, and to amend an act entitled " an act concerning the re- covery of debts and demands to the value often pounds in the City of New- York." This act was amended by the act entitled, an act to amend an act, entitled " an act for establish- ing courts of justices of the peace in and for the City of New- York," passed April 4, 1806, Web. Vol. 4, p. 520 ; by this act it is declared that all suits or actions cognizable in the said courts, where both the parties shall reside in the City of New- York, to the southward of the north bounds of the sefcond and third wards thereof, including the first, second and third wards, to be called the first district, shall be commenced, prosecuted 'and tried in the court of the justices of the peace aforesaid, which shall be held at the City Hall of the said city ; and all suits or actions, both the parties to which shall feside in the said city to the north- ward of the north bounds of the said second and third wards, includiag the fourth, fifth, sixth, seventh and eighth wards, to be called the second district, shall be commenced, pro- secuted and tried in the court of the justices of the peace aforesaid, which shall be held at the place which the said justices have appointed or shall appoint, not exceeding a quarter of a mile from the new watch-house in the said city ; and that where the plaintiff is a non- resident of the said city, the suit or action shall be commenced, prosecuted and tried in the court to be held in the district wherein the defendant shall reside ; and that the jurors who are to try any suit or action which shall be commenced and prosecuted in either of the said courts, shall come from the district in which the court- for the trial thereof shall be held, any thing in the act hereby amended, to the contrary thereof notwithstanding. By an act for establishing courts of justices of the peace and assistant justices in and for the City and County of New- York, passed April 6, 1807, 5 Web. 155, assistant justices' courts were again established, being the third alteration and reorganization of these courts since the adoption of the Constitution of the state. By that statute it is enacted, that the per- sons administering the government of this state for the time being, by and with the advice and consent of the coiuicil of appointment, shall appoint and commission one proper person, in and for eachof the respective wards of the City of New- York, to be known and distinguished by the name of assistant justices of the City of New-York ; each of which said assistant justices re- spectively, is hereby authorized and required to hold a court for the trial of all actions of debt, 40 ASSISTANT JUSTICES. Constitution, Article 4, Section 14. sifiSTi'^'hTsticM ^* 5 ^I^* 'I'he special justices, and the assistant justices,and T^^how a' *"im- ^^^^^ clerks, in the city of New- York, shall be appointed by the ***• common council of the said city ; and shall hold their offices for the same term that the justices of the peace, in the other counties of this state, hold their offices, and shall be remov- able in like manner. Vide Title "Othcers." detinue, account, covenant, trespass on the case, and trespass including trespass on any land, or other real estate, wherein the sum or balance due, or damages, or thing demanded, shall not exceed twenty-five dollars ; and also all ptnalties not exceeding the said sum im- posed by the act, entitled "an act to lay a duty on strong liquors, and for regulating inns and taverns," and also all penalties not exceeding the said sum imposed by any by-law or or- dinance of the mayor, aldermen and commonalty of the said city, in comniou council as- sembled ; and also all sums of money not exceeding the amount of twenty-five dollars to ba sued for and recovered in any court of record by virtue of any statute of this state ; and generally all such actions as are cognizable or triable by and before justices of the peace in , the respective counties of this state ; and to hear, try and determine the same according to law and equity. This act was incorporated in the revision of 1813, with some slight altera- tions, which is now in force. This act also established another tribunal called the Justices' Court ia and for the City and County of New-York. The i>2d section declares that it shall and may be lawful for the person administering the government of this state for the time being, by and with the advice and consent of the council of appointment, from time to time to appoint and commission three proper and discreet persons, to be called and known by the name of justices of the Justices' Court, in and for the City and County of New-York, which said justices shall hold their offices during the pleasure of the said council ; and that the said commissioners shall issue once at least in every three years. This act invests the justices with civil and criminal powers, and repeals the act of the 22d March, 1804, and directs that the suits pending before the tribunals created by that act may be continued and prosecuted with efloct in the court established by this act called the justices' court; and fur- ther directs that the records of the said tribunals, and all registers, books, entries, and mi- nutes appertaining thereto shall be deposited in the Court to be holden before the justices hy virtue of this act, there to remain as matters of record. An act was passtd 5larchl8, 1808 Web. 5, p. 281, amendatory to the above act containing provissions confining suits to the wards in which one of the parties live, tc. Those acts are revised in the revision of the laws of 1813, and are now in force, and may be seen under their respective heads in this volume. The title of Justices' Court in the , City of New-York was ehangcd to •' the Marine Court of the City of New-York" by an act pawed March 26, 1S19. See title " Marine Court" in this volume. ASSISTANT JUSTICES. 41 AN ACT TO REDUCE, &c. Revised Laws, Vol 2. p. 870. justices' courts. 1. Assistant Justic<»8, how appointed, and theit jurisdiction, 26 & 35. 2. Their power. Futrher powers, 26 Sc 35. 3. Process to be by summons or warrant. / 4. Process against freeholders, &c. 6. 5. Courts to be held in their respective w rds. 6. When warrant may issue against freeholders. 7. & 8. Adjournment of trial. 9. Defendants to set off their demands. 10. Proceedings on plea of title. 11. Demand of jury and proceedings thereon. 12 Penalties on jurors and witnesses for non-attendance, how recovered and approprf- ated. 13. Costa how to be awarded, and execution how to be issued. 14. Constable or Marshal how to proceed on execution, and their Iiablli(y. 15. Johit debtors how proceeded against. IG. Officer serving warrant, to have charge of defendant. 17. VV'hc:e actions shall be brought. 18. Fees of Assistant Justires. See further, 36 & 41. 19. Fees of Constables and Marshals. See also 43. 20. Jurors' fees. 21. When defendant not precluded his nctinn, on neglecting to set off his demands, 22. -Discharge of persons confined under twenty-five dollars. 23. Not to be imprisoned again. 24. Debts against persons discharged to remain good. % 25. Penalty for perjury under this act. 27. Rooms to be provided. 28. Jurors how selected, and suits confined to wards. 29. Salaries to be paid. 30. Clerk to each justice. 31. Duty of Clerk, and process how signed. 32. Fees by whom paid. 33. A certain section repealed. 34. Marshals. 37. Other law, &c. declared in force. 38. Certain proceedings valid, and Marshals .serving process. 39. Certain sections extended — others extended, 40. 42. Certain sections repealed. 44. Suits on bail bonds. 45. The act of the 15th of April, 1817, repealed. 46. Assistant justices of the 5lh & 8th wards restrained from jurisdiction in the 9th. 47. Assistant justices of the 9th and 11th wards. 1. § LXXXV. And be it further enacted, That the person ad- APFistfmt justice* mimstermg the government of this state for the time being, by ij.v whom to be and with the advice and consent of the council of appointment, shall appoint and commission one proper person in and for each of the respective wards of the city of New-York, ex- 6 42 ASSISTANT JUSTICES. cept the ninth ward, and two proper persons in and for the said ninth ward, to be known and distinguished by the name causesof which of assistant justicos of the city of New- York ; each of which diction. Tiie said assistant justices, respectively, is hereby authorized and ces mentioned in required to hold a court for the trial of all actions of debt, this section are * . , reduced by the dctinuc, accouut, covcnant, trespass on the case, and trespass, act of January 4, . , ,. , i i i . . i • 1830, post. including trespass on any land or other real estate, wherein the sum or balance due, or damages or tiling demanded, shall not exceed twenty-five dollars ; and also all penalties, not exceeding the said sum, imposed by the act, entitled " an act to lay duty on strong liquors, and for regulating inns and taverns ;" and also all penalties, not exceeding the said sum, imposed by any by-law or ordinance of the mayor, aldermen and commonalty of the said city, in common council assem- bled ; and also all sums of money, not exceeding the amount of twenty-five dollars, to be sued for and recovered in any court of record by virtue of any statute of this state, and generally all such actions as are cognizable or triable by and before justices of the peace in the respective counties of this state, and to hear, try and determine the same, according to Causesof which law and equity: Provided always. That the said assistant they have no J ur- i ^ J ^ isdiction. justicos shall uot havc cognizance of any action wherein the people of this state shall be concerned, or where the title of any lands shall in anywise come in question, except in actions of trespass on land as aforesaid, nor any action of assault, battery or imprisonment, or of slander, nor of matters of > account where the sum total of the accounts of both parties exceeds in the amount or value thereof the sum of two hun- dred dollars, and that account proved to the satisfaction of the said court, nor of any action to be brought by or against any executor or administrator, for any debt or demand due to or from the estate of any testator or intestate : And provided alsoy That the several persons now holding the offices of as- sistant justices in the said city, shall continue to hold the same until others shall be appointed and commissioned in their stead. Assistant justices 2. § LXXXVI. And he it further enacted, That eveiT of the VGstGcl with sucli ^ powers as are u- Said assistant justiccs is hereby vested with all such power, Bual in courts of ^ , ^ . , . r ' record lor the purposcs aioresaid, as is usual in courts of record in this state, and in the same manner as the justices of the peace t^'sKfosSr'" "^ ^^^ several counties of this state: And further, That each ASSISTANT JUSTICES. 43 of the said assistant justices shall sign all process to be issued out of such court, so to be held by him as aforesaid. 3. § LXXXVII. And he it farther enacted, That every ProceBs to be by ,. . , . J r u summons or war- such assistant justice, upon application to mm made, tor tne raau recovery of any such debt, damages or demand, shall issue a summons or warrant, as the case may require, directed to any constable or marshal of the said city, commanding him, when a summons is issued, to summon the defendant to appear be- Bummona. fore such assistant justice, at a certain time and place in the said summons to be expressed, not less than six, nor more than twelve days, from the time of issuing such summons, to answer the plaintiff of a plea in the same summons, to be men- tioned : and when a warrant is issued, then commanding the Warrant constable or marshal to take the defendant and bring him or her forthwith before such assistant justice, to answer the plain- tiff of the plea in the same warrant mentioned, and upon the return of such summons, if the same be duly served, or upon bringing the defendant before such assistant justice by virtue of any such warrant, or at such other time and place as the said assistant justices shall think reasonable to appoint, not exceeding six days thereafter, the said assistant justice shall proceed to hear and examine the allegations and proofs of the parties, and within four days thereafter give judgment therein. Judgment to bo in such a manner as shall appear to him to be agreeable to law Ift^tri^. ^^^ and equity, together with costs of suit as hereafter allowed. 4. § LXXXVIII. And he it further enacted. That the first First procesa process to be issued by any of the said justices against all eS!*"?r "^Jerson* freeholders and inhabitants having families, except as here- how"8«vS.'*^^ after is excepted, shall be by summons, which shall be served at least six days before the time of appearance mentioned therein, by reading the same summons, and delivering a copy thereof, when required, if such defendant shall be found ; and if not, by leaving a copy thereof at his or her house or place of abode, in the presence of some one of the family of suita- ble age and discretion, who shall be infonned of the contents thereof; and the constable or officer serving such summons, shall, upon the oath of his office, endorse thereupon the time and manner he executed the same, and sign his name thereto ; and in case the defendant does not appear at the time and place appointed in such summons, and it shall appear by the 44 ASSISTANT JUSTICES. return endorsed thereon, that the summons was duly served upon the person of the defendant in the manner aforesaid, and no sufficient reason shall appear to the assistant justice why If served perpon- the defendant does not appear at the time appointed, then the ally, aud defend- . . . ^[ . , , n ant does not a\>- said assistaut justicc wlio issucd tlic said summons, shall pro- pear, justices to ** -^ proceed to trial, ceed to hear and try and determine the said cause, in the If served by leav- ^^^G manner as if the defendant had appeared ; but* if such fend^Tdoes not summons was served only by leaving a copy thereof at the BhJiuiu^'^'*"' house dr place of abode of the defendant as aforesaid, and the defendant does not appear at the time and place appoint- ed in such summons, and no sufficient reason shall appear to the assistant justice why the defendant does not appear, then the said assistant justice shall issue a warrant against such defendant, in the manner aforesaid, and proceed as above Unless piaintifr directed, unless the plaintiff shall elect to have a new sum- new summons, mons against such defendant. And in all cases where a suf- „ , ^ . frcient reason shall appear to the assistant iustice, whv the Defendant not ap- i ^ J ' .. Sis"ma""on"'e- defendant does not appear at the time and place appointed 2iown*"have fm^ "^ ^^^ summous, the assistaut justice shall give to the defend- ther ume. g^pj- ^^^^i further time as he shall think reasonable, and at such time so given the assistant justice shall and may proceed as aforesaid. Court of apsistant 5. § LXXXIX. And be itfitrther enacted, That each of the their respective said assistant justiccs shall hold a court for the trial of all such actions in the ward for which he shall be appointed ; wliich court shall be CQUstantly open at seasonable hours, and every Incase of the ah- (Jav, (Suudavs cxccptcd) and in all cases where a warrant shall sence, &.C. of JUS- *^ ^ • * ' tice who issued be issucd bv virtuc of this act, and upon service thereof, the as- warrant, who • _ '■ may try cause, sistaut justicc w^ho issucd tlic samc shall be absent, or unable to hear and try the cause, it shall and may be lawful for the constable or marshal, or other proper officer serving such warrant, to carry the defendant before the assistant justice of either of the next adjoining wards to that where the assis- tant justice by whom the said process may have been issued, sliall reside ; and such other assistant justice shall take cog- uizance of, and hear, try, and determine the cause, in the same manner as he could or might have done if he had issued the warrant by virtue of which the defendant shall be taken, In all other capeB \^^x. in all Other cascs, where any process shall be issued by justice who IS- . . . Buesprorew Khali ^j-jy of the gaid assistaut iustices in pursuance of this act, and served on the defendant for any debt, damages, or demand, ASSISTANT JUSTICES. 4t of what nature soever, the cause shall be tried before the assistant justice who first issued such process, and not before any other: And further, That where any parties shall agree ^™^ "J^ie^ to enter an action before any assistant justice without any by consent of par- process, such assistant justice shall proceed to trial in the same manner as if a summons or warrant had been issued. 6. § XC. And be it further enacted, That if any plaintiff, or t^^"/*;jj°*^^ his or her attorney, so applying for process, shall prove upon ^^iic"e^*iSjaiMt"' oath to the satisfaction of the assistant justice, that if such [J^^f^^j,';'^^^^';', ^^^^ process be by summons against any freeholder or inhabitant ing famines, having a family, the plaintiff will be in danger of losing his debt or demand thereby, or- doth really and sincerely believe that such freeholder or inhabitant will depart the city of New- York, or if the action shall be for any sum or penalty on any statute, or on the said charter or by-law of the said corpora- tion, that then or in either of such cases, the assistant justice, (to whom such application shall be made,) shall issue a war- rant ao:ainst such defendant : Provided, That no warrant shall Pr^^Jso m to ft- in any case whatever issue against any female : And further, That where the plaintiff in any action aforesaid shall not re- side in the said city, and shall give security to pay the debt and damages and costs of suit, in case judgment shall be given against him or her, then and in that case such plaintiff may have a warrant returnable immediately. Uial. 7. § XCI. And be it farther enacted, That where a warrant Adjournment of shall be issued for a non-resident plaintiff as aforesaid, the assistant justice before whom the cause is to be tried, shall not adjourn the same for a longer time than three days, un- less the parties otherwise agree ; and in all other cases where a warrant shall be issued, if the plaintiff or defendant shall require a longer time than is at first appointed by the court to try the said cause, and will, if required, give sufficient security to appear and stand trial on such other day as shall be appointed, then the assistant justice is hereby empowered and required to adjourn the trial of such cause, to any day he shall judge most convenient, not exceeding twelve days, nor less than. three days, unless the assistant justice and parties shall otherwise agree : Provided always. That if any adjourn- ment be made without the consent of the plaintiff, in any case Proviso. 46 ASSISTANT JUSTICES. where a warrant shall be issued as aforesaid, the defendant shall give sufficient security to appear on the day to which such adjournment shall be madq, and in default of such ap- pearance, to pay the debt and costs, if judgment shall be given against such defendant, and for want of such security the assistant justice shall proceed to trial without an adjourn- ment. Adjournment ai. Q, J XCII. And he it further enacted, That in cases not pro- lowed lor want of ^ *^ ' * material witness, yidcd for by the last scctiou of this act as aforesaid, and the defendant shall make oath that he or she cannot, for want of some material testimony or witness, safely proceed to trial, the assistant justice shall in such cases postpone the trial for such reasonable time as will enable the defendant to procure ihS^m^onths*^^^*^ ^"^^ testimony or witnesses : Provided, That such time shall lecur"it*""*^'^^''* not exceed three calendar months : And provided also, That such defendant, before he shall be- entitled to have the trial postponed as aforesaid, shall give security to the said as- sistant justice to appear and answer the said action, and to pay the debt and damages and costs, in case judgment shall aSn«m?nt""o ^^ givcu agaiust him or her : And provided also, That in any accoiuu^^*"^' ^'^"^ action to be brought before any of the assistant justices by virtue of this act, by warrant or otherwise, if either the plain- tiff or defendant shall request an adjournment, he or she shall not be entitled thereto, unless the party requesting such ad- journment, after having seen the account or demand of the adverse party, shall, if required, exhibit his or her account or demand, or state the nature thereof, as far forth as may be in his or her power, to the satisfaction of the assistant justice before whom the cause is to be tried. Defendants to set 9. § XCIII. And be it further enacted, That if the defendant, offtheir demands . . i i ' i i r- • • • i if any. Vide the m any actiou to be brought beiore any assistant justice by HCt 01 Jilll. ^tj , /•!• 11 11*1 1817, post, where virtuc of this act, hath any account or demand against the defendants are i i i ix- ^ • i i not precluded plaintiff, hc uiav plead and set oft the same against the de- their actions for '^ •' * ^ neglecting to set maud of the plaintiff; and if any defendant shall refuse or off in certain ca- ^ *' ^^^' . . u neorlect so to do, such defendant shall for ever thereafter be On neglect to he o EdS'therefo'r" P^^cludcd from having any action against the plaintiff to re- cover the same or any part thereof: Provided always. That where the balance found to be due to the defendant shall ex- ceed twenty-five dollars, in such case the defendant shall not ASSISTANT JUSTICES. -*'» be precluded from recovering the same account or demand against the plaintiff in any other court of record having cog- nizance thereof. 10. § XCIV. And be it furtJier enacted. That when in any Proeee.iings m ' *' i_ T_ U action of trcspasB action of trespass upon land or other real estate, to be brought ^^j^^^gJ^'^^J^^^gi before any assistant justice, any defendant shall justify on aoftuie. plea of title, the defendant shall commit such plea of justifi- cation to writing, and having signed the same in the presence of such assistant justice, shall deUver such plea to the assis- tant justice, who shall then countersign the same, and deliver it to the plaintiff, and it shall and may be lawful to and for such plaintiff to commence and prosecute an action for such trespass against such defendant, in the court of common pleas, called the mayor's court of the city of New- York, and if such plaintiff shall recover any damages in such action, the defendant shall be liabl% to pay to such plaintiff double costs ; and in every trial to be had for such trespass, the plea signed by such defendant shall be conclusive evidence that the defendant relied on his title to justify such trespass ; and every assistant justice, to whom a plea of justification shall be tendered, shall, before he shall receive such plea, exact from the defendant, together with one sufficient surety, a re- cognizance in the sum of fifty dollars, conditioned, that if such plaintiff shall commence a suit before the then next mayor's court of the said city, for the recovery of damages for such trespass, such defendant shall appear and put in special bail in such mayor's court, within eight days after the first day of the then next term of the said court ; and that in every case in which such plea shall be tendered, and the defendant shall not forthwith enter into such recognizance, the assistant justice shall proceed in the same manner as if such plea had not been tendered : Provided always, That it shall be com- petent for such defendant, notwithstanding the said plea of title, to show on the trial of any such case before the said mayor's court, that the plaintiff had not possession of, or title to the premises, at'the time such supposed trespass was com- mitted. 11. § XCV. And be it further enacted, That in every action A[j«^'6su^joined *tobe brought by virtue of this act, before any such assistant ''^"'*"''*j^'y- justice, it shall be lawful for either of the parties to the suit, 48 ASSISTANT JUSTICES. or the attorney of either of them, after issue joined, and before the court shall proceed to inquire into the merits of the cause, to demand of the said court, that such action be tried by jury, and upon such demand, the said assistant justice shall, in open court, nominate eighteen persons residing in the ward in which the cause is to be tried, and qualified to serve as jurors on tri- JSd!'''*'"^'^"' als in the mayor's court of the said city, and who are in no wise of kin to the plaintiff" or defendant in the said suit, or interest- ed therein; and the names of the said persons so nominated by the said assistant justice, shall be by him written on a panel, which panel shall be annexed to a venire, which the said assis- venfri?^ *° '"""* taut justicc is hereby required to issue, directed to any consta- ble or marshal in the said city, commanding him to summon any twelve of the persons named in the said panel, to be and appear before such assistant justice issuing such venire, at such time and place as shall be expressed in the saidvenire, to make a jury for the trial of the action between the parties mention- ed in the said venire, which constable or marshal shall, at the return of the said venire, return a panel of the names of the jurors he shall so summon by virtue of the said venire ; and the name of each person empannelled, shall be written on several /dTba^r'^*^^" and distinct pieces of paper, as nearly of one size as may be, and shall be delivered to the said assistant justice, before whom such action is to be tried, by the said constable or mar- shal returning such panel, and shall, by the said constable or marshal be rolled up, all as near as may be, in one and the same manner, and put together in a box or some convenient thing, and on the trial of such caus^, such assistant justice, or such indifferent person as he shall appoint for that pui-pose, shall draw out six of the said papers one after another, and if any of the persons whose names shall be so drawn, shall not Challenges ai- appear, or shall be challenged and set aside, then such further number thereof shall be so drawn as shall make up the number of six, w^ho do appear after all legal causes of challenge allowed by the said assistant justice ; unless the parties agree that the said constable or marshal shall summon six men at his discretion ; and the said six persons, So drawn, and ap- pearing, and approved by the court as indifferent and qualifi- ed, shall be the jury who shall try the cause, to each of whom the said assistant justice shall administer the following oath:— Their oath. " You do swcar in the presence of Almighty God, that you" will well and truly try the matter in diflference between ASSISTANT JUSTICES. 4» plaintiff, and defendant, and a true verdict will give according to evidence ;" and after the said jury have taken the oath aforesaid, they shall sit together and hear the several proofs and allegations of the parties which shall be delivered in public in their presence ; and to each of the witnesses on the said trial the said assistant jus- tice shall administer the following oath: " You do swear in oathtfwiucncm the presence of Almighty God, that the evidence you shall give in this matter in difterencc between plaintiff, and defendant, shall be the truth, the whole truth, apd nothing but the truth." And after hear- ing the proofs and allegations, the jury shall be kept together in some convenient place until they shall agree upon a verdict, and for which purpose a constable or marshal shall be sworn, and to whom the said assistant justice shall administer the following oath: '' You do swear in the presence of Almighty Oahofeon*tabi« • God that you will, to the utmost of your ability, keep every ' person sworn on this inquest together, in some private and ' convenient place ; and will not suffer an^' person to speak to them, nor speak to them yourself, unless b}^ order of the jus- 'tice, unless it be to ask them whether they have agreed upon their verdict, until they have agreed upon their verdict." And when the jurors have agreed upon their verdict, they shall de- ^^^"ment iTn vJ)^ liver the same to the assistant justice in the same court, who '*^"- is hereby required to give judgment thereupon, and to award execution in manner hereafter directed: Provided always, oathofpartyor mi 1 r • 1 m ^ • r l «Xpan<» affidavit That no oath of either party or exparte affidavit of any other n^i t<; be rcccw- person, shall be allowed or given in evidence in any such ac- »cnt- ' tion, unless the parties agree to allow of such evidence. 12. § XCVI. And he it further enacted, That every pergon .rrTanJ^witVe.-' ?«8 for t tendance. summoned and drawn as a juror, or subpoenaed as a witness, ""* ^"^ "°''*' who shall not appear, or appearing shall refuse to serve or give evidence in such action, shall forfeit and pay for every such default or refusal, unless some reasonable cause be proved on oath, to the satisfaction of the court, such fine or fines, not exceeding the sum of ten dollars, nor less than sixty- two and an half cents, as the said court shall think reason- able to impose ; and the said court is hereby authorized and How r«eov<9rrd. required to issue a warrant directed to any constable or mar- shal of the said city, commanding him to levy the same on the goods and chattels of the said offender; and for the want 50 ASSISTANT JUSTICES. thereof to convey him or her to the jail or debtor's prison of the said city and county of New- York, there to remain until he or she pay such fine, together ,with the costs attending the same ; and the keeper of the said jail or prison is hereby com- manded to keep such offender in safe custody, in such jail or prison, until such fine, together with the costs, shall be paid : Provided always, That no such fine or fines shall be imposed, unless oath shall first have been made before the court, by some credible person, that such juror or witness so in default, hath been lawfully summoned or subpoenaed as ^How ftppropna- aforesaid ; all and every of which said fines, when recover- ed, shall be delivered by the said court to the chamberlain of the said city, for the use of the poor thereof. XCVII. This section is repealed by the repealing act of December 10, 1828, 3 Rev: St. p. 129. award%d°rnd'e^t' 13. § XCVIII. And he it further enacted, That if the plain- be?s5°"ed!^°'^ *° tiff, in any action to be brought before any such assistant justice, shall be noVsuited or discontinue or withdraw his or her action without the consent of the defendant, then judg- ment shall be given against such plaintiflf for the costs re- covered ; or if he or she shall be found to be indebted to the defendant, then judgment shall be given against him or her for the debt or damages and costs, as the case may require, and whenever judgment shall be given against either plain- tiff or defendant, the said court shall grant execution there- upon, directed to any one of the constables or marshals of the said city, commanding him to levy the debt, or damages and costs, of the goods and chattels of the person against whom such execution shall be granted, (his arms and accou- trements excepted) and to bring the money at a certain time and place, therein to be mentioned, before the assistant jus- tice who issued the execution, to render to the party who recovered the same ; and if no goods or chattels can be found, or not sufficient to satisfy such execution, the party recover- ing the judgment may, from time to time renew such execu- tion, or have further execution against the goods and chat- tels of the party against w^hom such judgment is recovered, or may bring an action of debt thereon, or if the party against whom such judgment is recovered be a freeholder within this state, or being a person not having a family therein, and the ASSISTANT JUSTICES. 51 same be proved to the satisfaction of the assistant justice, by the oath of the party in whose favour the execution shall issue, or by the oath of such witness or witnesses as the assistant justice shall require, or if the judgment be against any person whatever for any penalty incurred under the act entitled " an act to lay a duty on strong liquors, and for regulating inns and taverns," then every execution to be issued as aforesaid may further command, that if sufficient goods and chattels cannot be found to satisfy the debt, or damages and costs as aforesaid, that the officer take the body of the person against whom such execution shall be granted, and him or her to convey to the jail or debtor's prison of the said city and county : Provided always^ That no such proof of any such party, against whom judgment shall be given, being a free- holder, or not having a family, shall be required by any such assistant justice; unless such party shall at the time of the trial of any such action, or some time before the issuing exe- cution, not exceeding four days after such trial, claim and allege his exemption from any such execution against his or her body : And further, That no execution otf any judgment given by such assistant justice, by virtue of this act, shall issue against any freeholder or inhabitant having a family, in less than thirty days after giving the judgment, unless the person in whose favour judgment shall be given shall make it appear to the satisfaction of the said assistant justice, on ' his own oath or the oath of some other person, that such plaintiff will be in danger of losing\the debt or damages, if such delay be allowed; in which case the said assistant jus- tice shall issue execution immediately, as herein before di- rected, unless the party against whom such judgment shall be given, shall thereupon give security to the party in whose favour judgment w^as given, that he will pay the debt or da- mages and costs before, or surrender himself in execution, if liable to be imprisoned on execution by virtue of any thing herein before contained in this act, at the expiration of thirty days. marshal, hnw to •ze- CUtiOB. 14. § XCIX. And be it further enacted. That the constable constable or or marshal, after taking such goods and chattels into his cus- proceed' on tody, by virtue of such execution, shall immediately give pub- li:^. notice by an advertisement signed by him, and put up at three public places in the ward in the said citv, where such 5^ ASSISTANT JUSTICES. goods and chattels shall be taken, of the time and place when and where they will be exposed to sale, at least five days be- fore the time appointed for the ^selling thereof, and therein describe the goods and chattels so taken ; and at the time and place so appointed for selling them, shall expose them to sale at public vendue, and sell them to the highest bidder, and pay the debt, or damages and costs, so levied, to the assistant justice who issued the execution, returning the over- plus, (if any,) to the owner ; and for want of goods and chat- tels whereon to levy, the said constable or marshal shall, according to the tenor of the said execution, take the body of the person against whom the said execution shall be granted, and convey or deliver him or her to the keeper of the com- mon jail and debtor's prison of the said city and county ; and in case the person against whom such execution shall issue, be a freeholder, such keeper is hereby commanded to keep such person in safe custody, in the jail or prison aforesaid, until the debt or damages, with costs, shall be fully paid ; and in case such person be not a freeholder, and the same be certified, or a tiemorandum thereof made by such justice upon such execution, whose duty it shall be so to do, then until the expiration of thirty days from the time of receiving When liable for g^(,j^ persou ; and in case such constable or marshal to whom »:iiouat of execu- l ' <»""• any execution shall be delivered, shall not within five days after receiving such execution levy the same on the goods and chattels of the person against whom such execution shall be granted, and in fifteen. 'days thereafter pay the debt, or da- mages and costs, so levied into the hands of the assistant jus- tice who issued the same, or in case of his death or removal from office, to the person in whose favour the execution was granted ; or if no goods or chattels can be found whereon to levy, then if the said constable or marshal shall not, if such execution require it, take the body of the person against whom such execution was granted, if to be found, wdthin fifteen days from the receipt of such execution as aforesaid, then and in every such case the said constable or marshal shall be holden to pay the amount of such execution, to be recovered by an action of debt, with costs, by the person in whose favour such execution was granted, in which case execution shall issue forthwith against such constable or marshal. ASSISTANT JUSTICES. 5S 15. § C. And be it further enacted, That eveiy summons or ho4t"oe^^edT warrant, to be issued by any such assistant justice, may issue «'"°^*' against any joint debtors, in the same manner as against indi- vidual debtors ; and in case the same be duly served in man- ner herein before directed upon either of such joint debtors, such joint debtors on whom the same shall be so served, shall answer to the plaintiff, and the judgment shall in such case be against the joint debtor or debtors on whom the same was served, and against the other joint debtor or debtors named in such summons or warrant, in the same manner as if the said process had been duly served on all such debtors : Pro- tided, however, That no execution shall issue against the body, or against any goods and chattels, the sole property of any debtor on whom such process was not duly served as afore- said. CI, This section is repealed by laws of April 12, 1822, voL 6, p. 177, section 4. warrant to Lave 16. § CII. And be it further enacted, That in all cases, when offlrt-r any person or persons shall be brought before any such as- charge of d«Fw.d . . /••'•un ai^t until diachar sistant justice on any warrant by virtue of this act, it shall gedbyjuiuc«. be the duty of the constable or marshal who served the war- rant, to take the charge of the person or persons, until dis- charged by such assistant justice. 17. § CIII. And be it further enacted, That every action to wher<» a«tA - 1 1 r r 1 • . . ' , shall be br oujht . be commenced before any of the assistant justices, (except where an assistant justice shall be one of the parties thereto,) shall be commenced and prosecuted before the assistant jus- tice, either in the ward in which the plaintiff or plaintiffs shall have resided, at least one month immediately preceding the commencement of the said action, or of the ward in which the defendant or defendants, or one of them, shall reside at the time of the commencement of the said action ; and that if there shall be several plaintifis, not all residing as aforesaid in the same ward, or if the said action be comme'nced by any agent or attorney, then "and in every such case, the said ac- tion shall be prosecuted only in the ward in which the de- fendant or defendants, or one of them, resides ; and every such assistant justice is hereby directed and required to dis- miss every action brouglu before him, contrary to the pro- 54 ASSISTANT JUSTICES. visions of this section, with costs of suit, to be paid by the plaintiff or plaintiffs in the same manner as if he or they were nonsuited on the merits ; and every judgment that may be ob- tained or procured contrary to the true intent and meaning of this section, shall be utterly void, but where one of the said assistant justices shall be one of the parties in any such action, it shall and may be lawful to commence and prosecute the same before any other of. the said assistant justices. 18. § CIV. And he it further enacted, That no other or greater fees shall be allowed, taxed, taken, or demanded by the said assistant justices, or by any constable or marshal serving or executing the process issued by the said assistant justices, than the following, that is to say : Assistant Justices^ Fees. feetsJot]m7ct ^^r entering every action, six cents, isaofn^vvhere For cvory summons or warrant, fifteen cents. fslSeluniiou For entering the return of summons or warrant, six cents. feerrece'^TCd life For entering an appearance or default, six cents. iiayor.AWenncn For entering the substance of the plaintiff's charge or demand, ofth^citrof 'i^ upon the return of process against the defendant when serv- York — salai V not i . i i i i r more than $1(500, cd, twclvc and an half cents. Si5oo, March To', For entering the substance of the defendant's plea, six cents ; ^Tivra o .p. ^^^ .^ ^^^j^ charge, demand, or plea is exhibited in writing, it shall be the duty of the assistant justice to file the same ^ in his office. For taking security, twelve and an half cents- For every venire to summon a jury, twenty cents. For making a panel of jurors to annex to -venire, twelve and an half cents. For a subpoena for each witness, six cents. For swearing a jury, nineteen cents. For administering every other oath in court, six cents. For every judgment or conviction, and entering the same, twenty-five cents. For every commitment, twelve cents. For every execution, twenty-five cents. For entering every adjournment, twelve and an half cents. And when the parties shall, on the return of process, meet before the assistant justice (who issued the same) ^nd settle ASSISTANT JUSTICES. the same, the said assistant justice ishall be entitled to re- ceive twenty-five cents for his attendance. 55 19. Fees to the Constables and Marshals. For serving eveiy summons, nineteen cents. For serving every warrant, twenty-five cents. For returning a summons or warrant, six cents. For taking the defendant into custody, on a mittimus, com- mitment, or execution, twelve and an half cents. For serving an execution for two dollars and fifty cents, or under, twenty-five cents ; and at the rate of six cents for eveiy two dollars and fifty cents more. For travelling, if the person summoned or arrested is taken above one mile from the place where the court is holden, for every mile going only, twelve and a half cents. For summoning a jury, thirty-seven and an half cents. For going with the plaintiflf or defendant to procure security, in cases where it is ordered by the court, twenty-five cents. For notifying defendant to give security, where it is ordered by the court, twelve and an half cents. For notifying plaintiff for trial, twelve and an half cents. CoMtables and marshal's fees. 20. Jurors^ Fees. For every juror sworn in a cause, twelve and an half cents. J^o"' f««^ Witnesses^ Fees, and Charges for summoning them. For each witness necessarily attending and sworn, twelve witneweB. and an half cents. For serving a subpoena on each witness, tw^elve and an half cents. • Jailers' Fees. For receiving a person committed on an execution, mittimus, or commitment, twenty-five cents.* * See 3 Rev. Sta. p. 647, Laws of 1813. * Vide sections 115, 117, 118, 120, 136, 137, 140, 141, 142, 143, 144, 147, & 149, of the same act, (to be found under the head " Marine Court,") which of themselves, or by subsequent sta- tutes, are made to apply to Assistant Justices. See also " Marine Court," for many other matters relating to assistant justices, besides the references at the end of this Title to Title " Wards." Several of the pld statutes, particularly the aet of April 10, 1818, vol. 4, c. 79, re- lating to justices in the country, formerly extended to this city, but are all repealed by the Revised Statutes, and are now considered as no longer in force as to this city, notwithstand- ing sec. 10, LawE of 1830, p. 31. 5G ASSISTANT JU^ITCES. CHAP. XXL AN ACT relating to the sixth section of the actj entitled " an act for the recovery of debts to the value of twenty-Jive dollars" and to the ninety-third section of the act, entitled " an act to, reduce several laws relating particularly to the city of New- York into one act,^^ Passed January? 27, 1817. Vol. 4, p. 16. Jl^fpLlSliJ 21. § 1. Be itenactedhy the people of the State of New-York, fng'to seS'^hia represented in Senate and Assembly, That no defendant shall demand!. ^^ precluded from having any action against the plaintiff, to recover his debt or demand or any part thereof, provided the same shall exceed twenty-five dollars, over and above all just set-ofFthe plaintiff'may have against the defendant, exclusive of the judgment which the plaintiff may have obtained against the defendant, notwithstanding such defendant may have neg- lected to set off the same against the plaintiff before the jus- tice of the peace, or the assistant justice in the city of New- York, according to the provisions of the several sections of the acts hereby amended.* CHAP. CCLX. AN ACT for the relief of persons imprisoned for debts less than twenty-five dollars in the City and County of New- York, • Passed April 15, 1817. Vol. 4, p. 297. . Vide the act of 22. § I. And be it enacted by the people of the State of New- 19 April, 1825. 7 ^^ ' 7.0, 7 / 7 7 mi Vol. A. p. 331. re- loj^k, represented in /Senate and Assembly, Ihat any person ute except as to who shall bc confiucd in the jail of the city and county of Householders, in- _ . . , . serted, Post. Ncw-York, upou any execution or other process, or by virtue of any judgment, or order of any court of justice, or by war- rant from any judge or justice for any sum of money due upon any contract not exceeding twenty-five dollars exclusive of costs, such person may apply to any judge or justice of the said city, and upon making oath before said judge or justice, in * See 3 Rev. »tat. page 65S, Laws e>f 1817. ASSISTANT JUSTICES. S'S' "Writing, that all his real or personal estate does not exceed, in value, the sum of twenty-five dollars over and above such articles as are by law exempt from seizure by execution, such judge or justice shall order the keeper of the said jail to dis- cjiarge such person from custody; and the jailor, on being served with a copy of such order, shall discharge the said prisoner from jail without taking any fee or detaining him for or on account of any jail fees ; and the said judge or jus- tice shall forthwith file the said affidavit in the office of the clerk of said city and county. 23. ^ 11. And be it further enacted, That no person discharg- JJlV "ngailT^^ ed from imprisonment by virtue of this act shall at any time thereafter be imprisoned for the same cause ; and if any per- son so discharged shall be arrested for the same cause, it shall be lawful for any judge of the court out of which the process upon which such person shall be arrested, shall have issued, or any justice of the peace who shall have issued such pro- cess, to discharge such person out of custody : Provided, such person do enter an appearance or give a warrant to some at- torney to appear and plead to such action, 24. § III. And be it further enacted, That notwithstanding per?onJ*di8d?ir? such discharge, every debt and demand, judgment and de- l^^^° r©m«a cree, against the person so discharged, shall remain good against the estate real and personal of such person, his arms and accoutrements and other articles already exempted from execution being excepted,- and any creditor at whose suit such person was confined, his executors and administrators, •and the officer who ought to prosecute for any such fine or forfeiture, may at any time after such discharge, sue out a new execution or other process for the said debt, sum, fine or forfeiture, with the costs, against the estate real and personal •of the person so discharged, such articles as are exempted from execution as aforesaid being excepted in the same man- ner and form as if such person had never been so confined for the same ; and in case no judgment shall be obtained at the time of such discharge, it shall be lawful for the creditor to prosecute his action to judgment, and to prosecute any other action for the recovery of such debt or sum, and to take out such execution therefor, with costs, against the estate real 8 ^8 ASSISTANT JUSTICES. and personal of the person so discharged, as if such person never had been confined for the same. FWJU17. 25. § IV. And be it furthe?^ enacted, That if any person who shall take any oath by this act required to be taken, shalj, upon any indictment for perjury, be convicted by his own con- fession or by verdict, every person so convicted shall suffer the pains and forfeitures which by law are to be inflicted upon any person guilty of wilful and corrupt perjury, and shall, likewise, if discharged out of execution by virtue of this act, be liable to be taken in any process de novo^ and charged in execution for the said debt, in the same manner as if he had not been taken and discharged, and shall never after have the benefit of this act.* [Forty-Third Session. — Vol. 5, b. p. 3.] CHAP. I. rr«ainbl«> Assistant justices to be appointed, and powers. AN ACT to amend an act, entitled " An act to reduce several laws relating particularly to the city of New-York, into one act" so far as it relates to assistant justices. Passed January 4, 1820. Whereas the mayor, aldermen and commonalty of the city of New- York have, by their memorial to the legislature pray- ed that the laws establishing courts of assistant justices in the said city, may be amended, and that the number of assis- tant justices may be reduced, and they allowed salaries, to be paid by the said the mayor, aldermen and commonalty, instead of fees, and also that the said law be amended in other respects, in the manner herein after provided for : Therefore, 26. § I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the person adminis- tering the government of this state for the time being, by and with the advice and consent of the council of appointment, shall appoint and commission suitable persons to be assistant iuitices of, in, and for the following wards in the city of New- * «•« 8 R«T. Sti. p. 653, last eolumn, Lawi of 1817, . ; ', ASSISTANT JUSTICES. 30 York, to wit : one for the first, second and third wards ; one ^®/jf %^ "^k?, for the fourth and sixth wards ; one for the fifth and eighth l^^pi^i'^fi^Jn^ «^^^ wards ; and one for the seventh and tenth wards, to be known fice^and deJk for and distinguished by the name of assistant justices of the city ward!.* *" of New- York ; each of which said assistant justices respec- tively are hereby authorized and required to hold a court for the trial of causes to the amount of fifty dollars and under, in all actions in ^hich jurisdiction is given to the assistant justices of the city of New- York, in and by the act hereby amended : And further, That the said assistant justices re- spectively shall be invested with all the jurisdiction, power, and authority, with respect to matters cognizable before them, with which the assistant justices of the city of New- York have heretofore been invested, and shall also be subject to the performance of all the duties imposed upon the said assis- tant justices : And further, That during the sickness or ina- bility of either of the said justices to act, it shall and may be lawful for any other justice in the said city to exercise every jurisdiction, notwithstanding any provision in this act con- tained. Kn«fntt«b« pr«- Tidad. 27. § II. And be it further enacted, That it shall be the duty of the mayor, aldermen and commonalty of the city of New- York, to provide suitable rooms for the accommodation of the courts to be held by the said assistant justices, and that they shall respectively be held within the wards for which the said assistant justices shall respectively be appointed, and at such places as the mayor, aldermen and commonalty of the city of New- York may from time to time provide for that purpose. 28. § III. And be it further enacted, That the jurors who shall ,/"ted"''and'Iu'ti be nominated for the trial of actions before the said assistant confined to the Trardt. iustices, shall be selected out of the wards for which they shall respectively be appointed : And further. That all suits shall be commenced before the assistant justice of the wards in which either the plaintiflT or defendant shall reside, except in suits brought by, or in behalf of the mayor, aldermen and commonalty of the city of New- York, or by, or against non- resident plaintiflTs or defendants, which may be commenced and prosecuted before either of the said assistant justice* : And further, That it shall not be lawful for either of the par- M ASSISTANT JUSTICES. ties to any suit, before any assistant justices of the city of New- York, or before the justices of the justices' court in and for the city and county of New- York, after the day in which an order has been made for an adjournment, to demand of the said court that such action be tried by jury. Salaries t<^ u 29^ 5 ly^ ^^^ ^^ it farther enacted, That the said assistant justices, instead of receiving for their own use the fees now allowed by law to the assistant justices of the city of New- York, shall each be paid a yearly salary of one thousand , seven hundred and fifty dollars, in equal quarterly payments, by the mayor, aldermen and commonalty of the city of New- York, out of which the said assistant justices shall pay all the necessary expenses of their said courts, including fuel, the usual blank forms and stationary : And farther, That all such fees as may accrue or become payable, shall be received for the use of the ma3'or, aldermen and commonalty of the city of New- York, in the manner herein after directed. Clerk to .ach 30. § V. Ajid he it further enacted, That each of the said assistant justices shall have a clerk, who shall be appointed and paid for his services by the mayor, aldermen and com- monalty of the city of New- York, and shall be removable at their pleasure ; that each of the said clerks, before he shall enter upon the duties of his office, shall take an oath before the mayor of the said city, faithfully and honestly to discharge the duties of his office, and shall also enter into a bond, with one or more sufficient sureties, to the mayor, aldermen and commonalty of the city of New- York, in the penal sum of two thousand five hundred dollars, and conditioned that the said clerk shall well and faithfully discharge all the duties of his, office according to law. Duty of riPrk, 31. § VI. Aud he it further enacted, That the said clerks procpss how sign- "" •^ ' shall make out and sign all process, and cause to be entered in proper books to be kept for that purpose, a docket or re- gister of the returns of the same, and also proper entries of all the proceedings before the assistant justices to whom they shall respectively be appointed clerk, and shall also collect and receive for the use of the mayor, aldermen and common- alty of the city of New- York, all costs of suits and fines which ,\»ay be imposed by the said assistant justices respectively^ «d, &.C. ASSISTANT JUSTICES. 61 and exhibit an account of the same monthly to the comptrol- ler of the said city, which account shall state the title of each suit which shall have been commenced in the said court, in which any fees shall have been received, during the preced- ing month, and the amount of the fees which shall have been received in the same respectively, without specifying the par- ticular items, and also the fines which shall have been re- ceived, and by whom paid, which account shall be verified by the oath of the clerk, and the amount of the monies so re- ceived shall be forthwith paid over by him to the chamber- lain of the said city : And further, That before any such ac- count shall be delivered to the comptroller, it shall be exhi- bited by the clerk to the assistant justice in who::e court such fees and fines were collected, and it shall be the duty of such assistant justice to examine such accounts, and compare the same with the registers and minutes of his court, and to cer- tify whether the same appears to him to be correct or not. 32. § VII. And be it further enacted, That the fees of the Few, by whom assistant justices shall be paid by the parties for whom the respective services are rendered at the time of rendering the same. 33. ^ VIII. And he it further enacted, That so much of the a certain section ' •' repealed. one hundred and thirty-fifth section of the act hereby amend- ^IiJl. f» AUCTIONEERS. bidder, they shall be subject to the same duties as if struck off to any other person ; but this section shall not be construed to render valid any sale, thatv would otherwise be deemed fraudulent and void.(l) Private sales by J 3. ^11 articles which shall be sold bv an auctioneer on commission, whether at auction or private sale, shall be liable to the payment of the duties before enumerated. (2) Artieiea exempt. § 4. jNfo auction duties shall be payable upon the following goods and articles : 1. Ships and vessels: 2. Utensils of husbandry, horses, neat cattle,hogs and sheep: 3. Articles of the growth, produce or manufacture of this state, except distilled spirits : 4. All fabrics of cotton, wool, hemp and flax, manufactured within the jurisdiction of the United States. (3) Baiei exempt. § 5. Goo'ds and chattels otherwise liable to the auction du- ties, shall be exempt therefrom, if they shall be sold under the following circumstances : 1. If they shall belong to the United States, or to this state : 2. If they shall be sold under any judgment or decree of any court of law or equity ; or under a seizure by any public officer, for or on account of any forfeiture or penalty ; or under a distress for rent: 3. If they shall belong to the estate of a deceased person, and be sold by his executors or administrators, or by any per- son duly authorized by a surrogate : 4. If they shall be the effects of a bankrupt or insolvent, and be sold by his assignees appointed pursuant to law, or by a general assignment for the benefit of all the creditors of such bankrupt or insolvent : 5. If they shall be goods damaged at sea, and be sold with- in twenty days after they shall have been landed, for the be nefitofthe owners or insurers. (4) Baiet by whom § 6. All sales at public auction in the city of New- York, not under the authority of the United States, and all such sales in other parts of the state where duties are payable on the flj Lawf sf 181T, r- »6, 4 1. (5) lb. ^ 11. (3) lb, $ 8. (4) Law-s of 1817, p. 399, $ 9. AUCTIONEERS. 09 effects to be sold, shall be made by an auctioneer who shall have given the security herein after required, or by a copart- ner or clerk of an auctioneer duly authorized under the pro- visions of this Title ; but where no duties are payable, all such sales, except in the city of iVew- York, may be made by any citizen of this state. (5) § 7. Every person who shall sell, or attempt to sell, at pub- Penalty, lie auction, any goods or efiects, contrary to the provisions of the last preceding section, shall be deemed guilty of a misde- meanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried :. the fine in no case to exceed five hundred dollars ; the imprisonment, three months. (6) § 8. Every auctioneer, in case of his inability to attend an cje^JP^""^"®' *' • auction, by sickness, by his duty as a fireman, by reason of military orders, or by liis necessary attendance in a court of justice, or in case of his temporary absence from the city or place for which he is appointed, may employ a copartner or clerk to hold such auction in his name and behalf. (7) § 9. Goods damaged at sea, and sold for the benefit of the ^f^^^'^ damaged owners or insurers, shall be sold, in the city of New- York, under the direction of the wardens of the port, and in other cities and counties of the state, under the direction of persons appointed to inspect damaged goods in the city or county where the sale is made. (8) § 10. One or more, not exceedinr^ three, inspectors of da- Tnappcto™ of , ° ^ eueh goods. maged goods, whenever their appointment shall be necessary, shall be appointed in the cities of Albany, Troy and Hudson, by the mayor or recorder of those cities respectively ; and in every other county of the state, by any judge of the county courts, to whom application for that purpose shall be made. (8) § 11. No person appointed to the office of an auctioneer, Bond, shall execute the duties of such office, until he shall have en- tered into a bond to the people of this state, wdth two suffi- cient freeholders as his sureties, in the penalty of five thou- 0) lb. Lawi of 1824, p. 37, § 2. (fi) lb. p. 3?, $ •. (?) Law« oflSlT, p. 331, $ 11. (8) lb. ^ t. 70 AUCTIONEERS. sand dollars, conditioned for the faithful performance of the duties of his office," and for the payment of the duties that are, or shall be imposed by law, and that shall accrue on sales made by him, or under his direction, by virtue of his office. (9) How approved. ^ 13^ g^^,}^ ^ond, if executed by an auctioneer appointed in a city, shall be taken and approved of by the mayor or re- corder of such city ; and if executed by an auctioneer ap- pointed for a county, by any judge of the coiunty courts of such county. (9) . iiow disponed of. § 13. The officcr taking the bond shall endorse upon it a certificate of his approbation, and of the day on v^hich it was taken, and shall deliver the bond thus endorsed to the auc- tioneer by whom it shall have been executed, w^ho within ten days thereafter shall deliver, or cause the same to be deliver- ed, to the comptroller. (9) lb. § 14. Every officer taking such bond, shall, without delay, transmit a notice to the compt ulle.', stating the. name of the auctioneer and liis sureties entering into the bond, and the day on which the same was executed and approved. Penalty for net. § 15. Evcry auctionccr who shall sell any goods, wares, mgwjtiout on • jj^gpj^hg^j^jjse^ or effects, by public auction, without having given the security above required, shall forfeit the sum of one hundred and twenty-five dollars for each article so exposed by him to sale. (9) Further penalty J § 1 6. Evory auctioneer who, during his term of office, shall accept an appointment as auctioneer from any other state, or who shall be concerned as principal or partner in selling any goods, w^ares, merchandise, or effect, in any other state by public auction, or who shall receive any reward, compensa- tion, or benefit, for or on account of any such sale, shall be deemed guilty of a misdemeanor, and on conviction shall for- feit his appointment, and be incapable for ever thereafter of acting as an auctioneer within this state.(lO) Auctioneers to § 17. No auctionccr in any city of this state shall at the Srhouso''' ''"''" same time have more than one house or store, for the purpose <9) I.aws of 1817. p. 3-27. $ 4. (10) lb. ^ 16. AUCTIONEERS. ?1 of holding his auctions ; and every such auctioneer, before he shall enter on the execution of his office, shall designate, in a writing signed by him, sjch lu use or store, and shall also name therein the partner or partners, if any, engaged with him in business, and shall file such wTiting with the clerk of the city for which he shall be appointed. (11) § 18. No such auctioneer shall expose to sale by P^"^^^^^ ei5.^^;j^JJg' ^° *®" auction, any goods or articles liable to auction duties, at any other place than that designated in the writing so deposited by him, except goods sold in original packages as imported. Exceptions, household furniture, and such bulky articles as have usually been sold in warehouses, or in the public streets, or on the wharves. (12) § 19. Every such auctioneer who shall violate any provi- sion of the two last sections,'shall be deemed guilty of a mis- demeanor, punishable by a fine not exceeding two hundred and fifty dollars for each offence. (12) Penalty. § 20. The common council of each city in this state may piace for sale of liors€s fee designate such place or places, within such city, for the sale by auction of horses, carriages, and household furniture, as they shall deem expedient. (12) § 21. Every auctioneer in a city shall give at least two Not'^e of certain days previous notice, in one or more of the public newspapers printed in the city for which he shall be appointed, of every auction sale that shall be lawfully made by him, at any other place than the house or store designated by him, in the man- ner above required. (13) § 22. Every auctioneer who shall violate the provisions of Penalty, the last section, shall forfeit the sum of five hundred dollars for each offence. (13) § 23. No auctioneer shall demand or receive a higher com- pensation for his services, than a commission of two and one half per cent, on the amount of any sales, public or private, made by him, unless by virtue of a previous agreement in Commission. (11) lb. J 9. (12) Lawfs of 1817, p. 330, ^ 9. (13) lb. sec. 13. 72 AUCTIONEERS. writing, between him and the owner or consignee of the goods or effects sold. (14) Penalty. ^ 24. Every auctioneer who shall violate the provisions of the last section, shall forfeit the sum of two hundred dollars, to every person from whom he shall demand or receive an unlawful compensation or commission, and shall also be lia- ble to refund the monies so illegally received. (14) whfn^Ind wS 5 25. No auctioneer, on the day and at the place where prohibited. j^jg public auction shall be held, or any person whatever, on the same day and at the same place, shall sell at private sale any goods or effects liable to auction duties ; and every per- son who shall violate this provision, shall forfeit a sum equal to the price for which such goods have been sold. (15) ^Entry in sale j 26, When the goods shall be struck off at auction, and the bargain shall not be immediately executed by the pay- ment of the price, or the delivery of the goods, it shall be the duty of the auctioneer, to enter, in a sale-book to be kept by him for that purpose, a memorandum of the sale, specify- ing the nature, quantity and price of the goods, the terms of sale, and the names of the purchaser, and of the person on whose account the sale is made. count. Quarteiiy ac ^ g?. Every auctioneer who shall havo entered into the bond required by law, shall make out in writing a quarterly account, dated on the first days of April, July, October and January, in the year for which he is appointed, and shall there- in state minutely and particularly, 1. The sums for which any goods or effects shall have been sold at every auction held by him, or in his behalf, from the time of his entering into such bond, or the date of his last quarterly account : 2. The days on which sales were so made, and the amount of each day's sale, designating the sales made by himself or in his presence, and those made in his absence by a partner or clerk acting in his behalf, and specifying the causes of such absence : 3. The amount of all private sales made by himself or any of his partners, on commission, and the days on which such sales were made : (14) Lam ©f 1817, p. 330. sec. 14. (^15) lb. «ee. 11. . ^ AUCTIONEERS. 71, 4. The amount of the duties chargeable under the proyi- s'ions of this Title, on all the sales, public and private, men- tioned in the account. (10) § 28. Every such account, within twenty days after the day ^To^who«««ki- on which it is dated, shall be exhibited, if made out, by an auc- tioneer appointed in a city, to the mayor or recorder of such city ; and if by an auctioneer appointed for a county, to any judge of the county courts of such county. (16) § 29. Every auctioneer exhibiting an account, shall take the o»»*> following oath, before the officer to whom the account shall be Exhibited: "I do solemnly and sincerely swear, (or affirm) that the account now exhibited by me, and to which I have subscribed my name, contains a just and true account of all the goods, wares, merchandise and effects, sold or struck off, or bought in by me, at public sale, or sold by me at private sale on commission, whether subject to duty or not, or sold, struck off, or bought in as aforesaid, by others in my name, or under my direction, or for my benefit, within the time mentioned in the within account ; and of the days upon which the same were respectively sold ; and that I have attended, personally, such of the said public sales as are not stated in the said account to have been made without my attendance ; and that the causes therein mentioned, of my absence from such sales as I did not attend, are truly stated : that I have examined the entries of all the sales mentioned in said ac- count in the book kept by me .for that purpose, and fully be- lieve this account to be in all respects correct ; and further, that I have, during the time therein mentioned, conformed, in all things, to the true intent and meaning of the laws regulating aales by auctioneers, according to the best of my knowledge, information and belief." Such oath shall be re- duced to writing, be endorsed on the account, and be sub- scribed by the auctioneer taking it. (17) make oath. § 30. Every partner of such auctioneer shall also make Panneraisoto and subscribe an oath, to be endorsed on the account, that he '""''" believes the account so rendered to be just and true in every particular. (17) L16j Laws of 1817, p 32?, $ 5 &, 5, [i*] ib. sec. IL 10 Af/.' ^4 AUCTIONEERS. S°e7er?ai?r«? 5 31. Eveiy partner or clerk, who shall have made any eounu gg^ig Qj^ behalf of an auctioneer, shall, in the account render- ^ cd by such auctioneer, set his ^ name, or the initials thereof, opposite to each sale made by him, mentioned in such ac- ' • count ; and shall make and subscribe an affidavit to be an- nexed to such account, stating that the sales so noted are all the sales liable to auction duties, public or private, made by him within the time mentioned in the account, and that the account of such sales, so therein stated, is just and true ; that such sales w^ere made by him, in the absence of such S^uctioneer, who was unable to attend from the causes spe- cified in his account ; and that in all acts performed by him, in behalf of such auctioneer, during the time aforesaid, he had endeavoured to conform to the true intent and meaning of the laws regulating sales by auctioneers. (18) i>atiM when to K ^2. Even' auctioneer, witiiin ten davs after he shall be paid. . . " . have exhibited his account, shall pay for the use of this state, the duties accrued on the sales mentioned in the account, to- gether with the additional sum of two and half per cent, on the whole amount of such duties, and immediately after such payment, shall deliver or transmit such account, with the affidavits endorsed thereon, and annexed thereto, to the comptroller, to be filed in his offxe.(19) uTbTKado.'^^*'^* § 33. Every such payment, if made by an auctioneer ap- pointed for any other place than the city of New- York, shall be made to the treasurer of this state, and by every auc- tioneer in the city of New- York, shall be made to such bank, in the city of New-York as shall be designated by the comptroller, as entitled to the state deposits according ta law ; and the receipt of the proper officer of the bank shall be taken therefor. (19) to*com\ro^er°* ^ ^'^' ^^^ auctioneer taking such receipt shall immedi- ately transmit the same to the comptroller, who shall there- upon certify such payment to the treasurer, and charge him with the amount thereof. (19) «K bi^made "° ^ ^^- Every auctioneer who, within the period limited for his accounting, shall have made no sales, public or private^ (U) La\Tt of 1817. p. 325. ifc 5 &. 6, [l^nb- »cc. 5, 6, fe 19 AUCTIONEERS. ^ of goods or effects liable to auction duties, shall make and subscribe an affidavit of those facts, before any officer to whom his account, had such sales been made by him, might have been exhibited, and shall transmit a copy of such affi- davit, certified by the officer taking it, to the comptroller, within the same time that an account is required to be ren- dered. § 36. Every auctioneer, and every partner or clerk of an penaip- for b ceit, in the execution of this Title, or who shall, by an^ fraudulent means, seek to elude or defeat its operation, shall .^^ be deemed guilty of a misdemeanor, and shall forfeit treblo. damages to the party injured. ?if^^5 .«^ § 40. All forfeitures, imposed in this Title, and not other- forfeiture, how • n • 1 , 11 . , „ proe««uted for. wise specially appropriated, shall be prosecuted for, by the district attorney of the county in which the offence shall b« 74 AUCTIONEER.S.^ eommitted, in the name of the people : and it shall be tlie duty of the comptroller to give imnagiiate notice to the proper dikrict attornej^ of e^ery such mrfeiture believed to have been incurred. The monies recovered, deducting a proper compensation to the district attorney, to be settled by the comptroller, shall be paid to the treasurer of the county in which the offence shall be committed, for the Uf^e ©f the poor of such county.* CHAP. CCLXII. AN ACT relative to the appointment of Auctiojieeis in the city of New-York. Passed April 19, 1830, p 2?7. Tht people of the state of New-York, represented in Senate and Assembly, do enact as follows : § 1. All commissions for auctioneers in the city of New-- York, which may hereafter be issued, shall expire on^he first day of February, in every year. But those persons who shall be in commission on that day, may hold over until others are appointed in their places. •Auctioneers for the city of New-York were formerly appointed by the Mayor, or Re- corder in his absence. By the act of February 20, 1784, Greenleaf, Vol. 1, p. 64, provision ii made for the appointment of auctioneers which continued until March, 1791. '* By an act passed March 8, 1791, 2 Greenleaf, p. 353, it is enacted that the Governor, by and with the advice and consent of the council of appointment, shall annually appoint so many auctioneers as he may think proper, pro\idcd that the nninber to be appointed for the elty'and county of New- York, shall not exceed twelve in any one year ; and by an act pass- ed April 2, 1801, Kent, and Bad. Vol. 1, p. 408, their number is limited to twenty-four for the city of New- York. And by the act of April 6, 1813, 2 Rev. Laws, p. 181, their num- ber is not to exceed thirty-six. And by an act passed April 5, 1817, Vol. 4, p, 327, the number to be appointed at anyone time shall not exceed thirty-six ; and by an act passed Feb. 19, 1824, the number shall not exceed forty-two; and by act of April 16, 1825, p. 286, twelve additional auctioneers may be appointed. By Rev. Stat. Vol. 1, p. 98, the number is limited to fifty-four, A wiiolesome enactment was made by our Provincial Assembly in relation to the sale of goods, &c. by nirrkt. By an act passed 8th of March, 1773, V. S. Vol. 2, p. 774, it is en- acted that from and after the passing of this act, if any person or persons shall be convicted of selUng or putting up to sell, within said city, any goods, wares {or merchandises, or any other article or thing whatsoever, by way of vendue, auction or outcry, at any time after svnttt, sueh person or pereone shall forfeit fire pounds. BASTARDS. 77 Revised Statutes, Vol. I. p. 640. ^ TITLE VI. OF THE SUPPORT OF BASTARDS. Skct. 1. Who are to be deemed bastards. 2. To be supported by father and mother, or by county or town. 3. Penally for removing mother of bastard ; how supported after removal. 4. Mother and child, paupers ; proceedings against county and town from which she was removed. 5. Superintendents and overseers to institute proceedings to compel support of baa- tards. 6. Justice to ascertain father of bastard, and issue a warrant. 7. Proceedings when father out of the county ; endorsement of warrant, &c. 8. Justice endorsing warrant may take oneof two bonds, from father. ^f 9. Proceedings upon bond being executed. 10. Upon failure to execute bond, father to be carried before justice issuing warrant. 11. Who shall associate another justice ; their duties and powers. 12. When and for what time proceedings may be adjourned. 13. Powers and duties of justices, on hearing. 14. Person adjudged to be father, to pay costs, and enter into bond. 15. On executing bond, to be discharged ; on failure, to be committed. 16. Amount of penalty in bonds for appearance of father. 17. Father to remain in custody during examination ; when and how Imprisoned. 18. Proceedings when bond given by father out of the county. 19. In what cases examination to be had in presence of father. 20. Mother of bastard how compelled to disclose name of father. 21. In what cases, and how, mother compelled to support bastard. 22. Proceedings in case of her refusal to obey order for support, 23. When amount ordered to be paid may be reduced ; when it may be increa«ed. 24. Appeals from determinations of justices ; notice thereof. 25. Justices not to sit in general sessions on appeals from his order, 26. Bonds for appearance, orders, &;c. when to be transmitted to general BeBsions. 27. Subpoenas to be issued for parties in appeal ; effect thereof. 28. Proceedings of court on appeal ; testimony of mother. , 29. Court may quash, affirm, or vary orders, and may adjourn hearing. 30. In what cases father to be discharged from custody or from bond. 31. Proceedings by general sessions on affirming order of filiation. 32. Father neglecting to give bond as required, to be committed. 33. When bond for appearance of father at court to be forfeited. 34. Duty of general sessions when motlier bound to appear, &c. 35. In what cases order against mother may be confirmed or varied, or discharirtd 36. If order be affirmed, proceedings to compel obedience, 37. & 38. Costs on appeal, how awarded and collected. 39. Original order of filiation, when to be made by court, &c. 40. Proceedings by justices, on order of filiation being quashed for informality. 41. Court to inquire into circumstances of father or mother imprisoned. 42. In what cases to order discharge of father or mother. 43. Notice to be given to superintendents or overseers, before discharge. - 44. Persons imprisoned under this Title, not entitled to discharge under insolvent act. 45. Bonds for appearance to be signed and transmitted to court. 46. How to be prosecuted on forfeiture ; recevery how to be paid and applied. 47. By whom bonds for support of bastard to be prosecuted, on breach. 48. Proceedings thereon; what to be deemed breaches thereof. 49. Proceedings for subsequent breaches ; recovery how applied. 50. CoetB on recovery by defendant, how collected. 51. Actions for expenj-e of bastard, &;c. may be brought, although there i» aboiid. Si. Troc9e.d\»cc 4 BASTARDS. 81 having such warrant, shall take the person so apprehended before the justice who originally issued such warrant. (41) §*11. Upon the person so charged with being the father of cfatfanotherf*^ such bastard, or of such child likely to be born a bastard, being brought before the justice who issued the warrant for his apprehension, whether he was arrested in the same or in any other county, the said justice shall immediately call to his aid any other justice of the same county ; and the said them^^ *""* two justices shall proceed, without unnecessary delay, to make examination of the matter, and shall again examine the mother of such bastard, or the woman so pregnant as afore- said, on oath, in the presence of the person so charged or ap- prehended, touching the father of such child, and shall hear any proofs that may be offered in relation thereto ; and on the application of the person so charged, or of the persons appearing in behalf of the public, either of the said justices shall issue a subpoena to compel the attendance of witnesses before them, which may be enforced, and the witnesses may be compelled to appear and testify, in the same manner as in any civil cause, before a justice of the peace. § 12. If the said iustices shall not be prepared to proceed, Adjournment of ^ ** 1 r r ' proceedings. or the person charged shall require delay, and give sufficient reasons therefor, they may adjourn such examination for any time not exceeding six weeks, and shall take a bond with sureties from such person for his appearance at such time, before them, in the penalty herein after directed. § 13. The said iustices shall determine who is the father of Proceedings and ^ determination of such bastard, or of such child likely to be born a bastard, and justices on iiear- shall proceed as follows : 1. If they determine that the person so charged and appre- hended is not the father of such bastard, or child, he shall be forthwith discharged : 2. If they determine that he is such father, they shall make an order of filiation, in which they shall specify the sum to be paid weekly, or otherwise, by such putative father, for the support of such bastard, or of such child likely to be born a bastard ; (41) 1 R. L. 306, eeclion i. 11 86, BASTARDS. 3. If the mother of such child be in indigent circumstances, they shall determine the sum to be paid by such putative father for the sustenance of such mother during her confinement, and her recovery therefrom : 4. They shall certify the reasonable costs of apprehend- ing and securing the said father, and of the order of filia- tion: 5. They shall reduce their proceedings to vt^riting, and sub- scribe the same. bv^'^^erson ^ ad-*^ ^ ^^' ^^^^ pcrsou, SO adjudgcd to bc the reputed father, t-uhe? ancf^)ond s^^^^' upou uoticc of such Order, immediately pay the amount to be entered into go certified for the costs of apprehending him and of the order of filiation ; and shall enter into a bond to the people of this state, in such sum as such justices shall direct, with good and sufficient sureties, to be approved by them, with one or other of the following conditions : First, that such person will pay weekly, or otherwise, as shall have been ordered, such sum for the support of the said child, and for the sustenance of its mother as aforesaid, as shall have been ordered, or shall at any time thereafter be ordered by the court of general ses- sions of the peace of the same county ; and that he will fully and amply indemnify the county and town, or city, where the said bastard shall have been born, or where the woman likely to have such bastard shall be, and every other county, town, or city, which may have incurred any expense, or may be put to any expense for the support of such child, or its mo- ther, during her confinement and recovery therefrom, against all such expenses : Or, second, that such person will appear at the next court of general sessions of the peace of the said county, and not depart the said court without its leave. When father to ^15, Upou such boud bcinff executed to the satisfaction of be discharged ; ^ ^ ^ mitted^° ^^ *^°™ ^^^ justices, they shall discharge such person from his arrest. But if he refuse or neglect to execute a bond with one of the conditions aforesaid, or to pay the costs and charges so cer- tified, he shall be committed by such justices, or either of them, to the common jail of the city or county, by warrant, there to remain until discharged by the court of general sessions of the peace, or until he shall execute such bond, in the penalty which shall have been required by the justices. BASTARDS. 83 § 16. The penalty of every bond which shall be taken for tflni^di*/ ^^*' the appearance of any such reputed father, either before jus- tices of the peace, or at the court of general sessions, shall, in all cases, be such a sum as shall be deemed a full indemni- ty for the expense of supporting such bastard and its mother, as before provided. 5 17. During such examination, and until such person shall j^s^eJ^f'Xrlng be discharged by the justices aforesaid, he shall remain in examination, &c. custody of the constable who apprehended him, unless a bond shall have been taken for his appearance as herein provided ; and when committed to any jail, he shall be confined therein, without being let to bail, and without being entitled to the liberties thereof. § 18. When any bond taken out of the county as aforesaid, ca^se^ofbondgil" by which the person charged shall be bound to appear at the en out of county. next court of general sessions of the peace, shall be returned to the justice who issued the warrant, such justice shall in like manner, call in the aid of another justice of the peace of the same county ; and the said two justices shall proceed in man- ner aforesaid to examine and determine who is the father of such bastard, or of such child likely to be born a bastard ; and shall make an order of filiation, and prescribe the sum to be paid by such putative father for the support of such child, and for the sustenance of the mother as aforesaid ; and shall cer- tify the reasonable costs of appreliending the said father, and of the order of filiation. § 19. Such examination and order may be made in the ab- Eiamfnatioa ta ♦' such case. sence of the person so charged, unless before the same be made he shall personally require of the justice issuing the warrant, that such examination be made in his presence ; in which case reasonable notice of the time and place of such examination shall be given to the person so charged. He may appear and ofler testimony in relation to the matters to be inquired into, and the same proceedings shall be had, as in the case of the person so charged being brought before- such justice. § 20. In making any examination hereby authorized, the %'^er of b«». ./ > t.^rd, how tom- justne, or justices, may compel the mother of a bastard SO P^"<"*^^«*^y- 84 BASTARDS. chargeable, or likely to become chargeable, or a woman preg- nant with a child likely to be born a bastard and to become so chargeable, to testify and disclose the name of the father of such bastard or child ; and in case of her refusal, may, after the expiration of one month from the time of her delivery, if she shall be sufficiently recovered, commit her to the common jail of the county, by a warrant under his hand, or the hands of such justices in which the cause of commitment shall be distinctly set forth, there to remain until she shall testify and disclose the name of such father. (42) compSr/dtosup § 21, If the mother of a bastard child, chargeable, or likely port basuird, ^^ bccomc chargeable, as before declared, be possessed of any property in her own right, any two justices of the peace of the county where such mother may be, on the application of any county superintendent, or overseer of the poor, shall examine into the matters, and in their discretion make order for the keeping of such bastard, by charging such mother with the payment of money w^eekly, or other sustenation, for the sup- port of such child, as they shall think meet. (43) eie**of refuKi.*'^ ^ ^^' ^^' ^^^^^ ^^^ scrvicc of such Order, subscribed by the said justices, upon such mother, she shall refuse or neglect to perform the same, she shall be committed to the common jail of the county, there to remain, without bail, until she comply with such order, unless she shall execute a bond to the people of this state, in such sum as the said justices shall direct; with good and sufficient sureties, to appear at the then next court of general sessions of the peace, in the said county, and not to depart the said court, without its leave. Amount ordered R 23. The lusticcs who shall havc made any order of filia- to be paid, may J J j **"• creased"^ °^ ^" ^^^^ ^^ maintenance against the father or mother of any bas- tard, may from time to time vary the amount therein directed to be paid, by reducing the same as circumstances may re- quire ; and upon the application of any county superintendent, or overseer of the poor interested therein, and after ten days*, notice to be given to the party who may be affected thereby, the court of general sessions of the peace of the county may increase the sum in and by such order directed to be paid for (42) 1 R. L. 309, section!. (43) Ibid. 306, »ection I, BASTARDS. 85 the support of any bastard ; and the said court, on the applica- tion of any person affected by such order, and after the same notice to the superintendents or overseers at whose instance it was procured, may reduce the amount directed to be paid by any such order. 5 24. Any person who shall think himself aggrieved by any /fj^*'^ ^'■^"J order or determination of any two justices of the peace, made justices, pursuant to any authority hereby given, may appeal there- from to the next court of general sessions of the peace to be holden in the same county, excepting any person who shall have executed a bond, to perform any order of filiation and of settlement and to indemnify the public, who shall be con- cluded thereby, and shall not be permitted to appeal from any other part of such order than^uch as fixes the weekly or other allowance to be paid. Whenever a bond shall be entered into ^^^^ ^"'" aprx'ar- '^ ance to be deem- by a person charged as the father of a bastard, or of a child ^^ *" appeal. likely to be born a bastard, or by the mother of a bastard, for his or her appearance at the next court of general sessions, the same shall be deemed an appeal from the order of filiation or sustenance, or both, as the case may be, and no further or other notice thereof shall be required. In other cases of ap- Notice in other peal, notice shall be given to the justices making the order, and to the other party affected by such order, or to the super- intendent or overseers at whose instance the same was ob- tained,^at least ten days previously. (44) § 25. No justice of the peace who shall have assisted in any justice making judgment or in making any order appealed from, shall sit in on'^ajpe"^! *° '" the court of general sessions upon the hearing of any appeal made from such judgment or order. (44) § 26. The justices who shall have taken or received any Bonds, &c. when bond for the appearance of any party at the general sessions, cferk^a offi^ce!" shall transmit the same to the clerk of the court before the opening thereof, together with the orders of maintenance and sustenance which shall have been made, or true copies thereof signed by the justices making the same. § 27. Subpoenas shall be issued by the clerk of the court in ^"''P^nas on ap- vacation as well as in term, and be delivered to any party to (44) 1 R. L. 309, section 9, 10. 86 BASTARDS. such appeal, requiring the same : and obedience to such sub- poenas shall be enforced, and the witnesses summoned may be compelled to testify, in the same manner as in criminal cases pending in such court. heSiira""lai°" ^ ^^' '^^^ court to which such appeal may be made, shall proceed to hear the allegations and proofs of the respective parties, and the party in whose favour any order was made, which shall be the subject of appeal, shall be required to sub- stantiate the same by evidence. If the mother of any bastard be dead or insane, the testimony given by her on heV exami- nation, shall be received in the same manner as if she were present and testified to the same. (45) finn"'^ S ^oT § ^^- ^^^ court may affirm or quash any order of filiation vary orders. ^y sustcnancc. Or may reduce or increase the sum directed by any such order to be paid -for the support of a bastard or for the sustenance of its mother ; but no such order shall be quashed for any defects in the form thereof, but the same shall be amended by the said court according to the facts and justice of the case. If at the time of hearing such ap- peal the child supposed likely to be born a bastard, shall not When hearing bc bom, the court may adjourn such hearing from time to may e a journ ^.^^^^ ^^^^-j ^^^j^ ^j^-|^ ^j^^H ^^ bom, and shall take recog- nizance from all parties bound to appear. In certain cases R ^0. If thc womau SO pre^^nant shall be married, before she father to be dis- ^ I o ' charged. ^c delivered of such child, or if she shall miscarry so tlrat such child shall not be born alive, or if it shall appear that she is not so pregnant, then the person charged as the father of such child, shall be discharged from custody if imprisoned, or from his bond or recognizance, by the court of general sessions of the peace of the county, before whom such fact shall appear, shall be immediately relieved out of custody, by warrant under thc hands and seals of the justices by whom he was committed, upon such fact appearing ta them. (46). ?rder^f"Sion*^ § 31. If, upou such hearing, the court of general sessions, bonr ^ ^^^^ ^^ ^^^ peace affirm the order of filiation, by which any per- C45) 1 R. L. 310, '.^ 12. (46) lb. 307, sec. 3. BASTARDS. 8'7 son shall be determined to be the father of a bastard, or a child likely to become a bastard, the said court shall require such person immediately to enter into a bond to the people of this state, in such sum as it shall prescribe, with good and sufficient sureties, conditioned that such person shall pay weekly or otherwise, as shall have been directed by the order of filiation and sustenance, such sum for the support of such bastard or child, and for the sustenance of its mother during her confinement and recovery therefrom, as shall have been so ordered by two justices- of the peace or as the same shall have been or thereafter shall be, modified by the court of general sessions of the peace, and that he will fully and amply indemnify the county and town, or the county and city, where the said bastard shall have been born, or where the woman likely to have such bastard shall be, and every other county, town or city, which may have incurred any expense, or which may be put to any expense, for the support of such child or its mother, during her confinement and recovery therefrom. § 32. If any person against whom such order shall be af- JegTcct"^"'"" "'^ firmed, shall refuse or neglect to execute such bond, with such sureties, to the satisfaction of the said court, he shall be committed to the common jail of the county by an order of such court, there to remain until he shall execute such bond or be discharged by the said court. § 33. If any person bound to appear at any court of gene- an "e^ ShclT ^for- ral sessions, on the charge of being the father of a bastard, ^^^^^'^' or of a "child likely to be born a bastard, shall depart the said court without executing the bond it may require, or without being discharged by the said court from the bond executed by such person for his appearance, the said bond shall be thereby deemed to be forfeited, and may be prose- cuted as herein after directed. § 34. When the mother of any bastard shall be bound to Prfx-eedinps in •' respect to mother appear at any court of general sessions, to answer on ac- ^^^^^ to appear, count of any order made against her, for the support of such bastard, or shall be committed for neglect or refusal to enter into such bond, the court shall examme into the matter, com- pel the attendance of witnesses, and hear the allegations 88 BASTARDS. and proofs of the parties, in the same manner as herein be- fore directed in the case of an appeal. vrrTordfscSe § 35. If the court shall be 'satisfied that such mother has "^'^^'^' property in her own right, so as to be able to support such bastard or contribute to its support, it shall confirm the or- der made for that purpose, and may in its discretion, vary the amount ordered to be paid weekly or otherwise. If not so satisfied, the court shall discharge such woman from her bond, and if in custody, from her imprisonment. Proceedings on § 36. If the court affiiTO such order, it shall require the affirming order. / ^ said mother to execute a bond, in such sum as it shall pre- scribe, with sufficient sureties, to the people of this state, conditioned that such mother will faithfully comply with and obey the order for the support of such bastard, so made and affirmed, as the same shall have been modified, or may thereafter be modified by the court of general sessions of the peace. If she shall refuse or neglect to execute such bond, she shall be committed, by an order of the said court, to the common jail of the county, ther6 to remain until she shall execute such bond, or until she shall be discharged by the court. Costs on appeal. § 37. The court shall award costs to the party in whose favour any such appeal shall be determined, and to any party to whom notice of appeal shall be given and not prosecuted. When awarded against any county superintendents, or over- seers of the poor of any town not liable for the support of its own poor, the amount shall be paid by the county trea- surer, on the production of a certified copy of the order, and of the taxed bill of such costs, and shall be by him charged to the town which shall be bound to support such bastard, if any town in the same county be so liable, and if there be no town so liable, then to be charged to the county. Costs on appeal. § 38. In Other cases, the payment of such costs may be enforced by rule and attachment of the same court, or by an action founded on the order for their payment. If the party against whom costs are awarded, reside out of the jurisdic- tion of the court of general sessions, an action may be brought on such order by the party entitled to such costs. BASTARDS. 8» in which the production of a certified copy of the order, and of a taxed bill of the costs, shall be sufficient evidence. (47) § 39. If the court of general sessions quash any order of whencourtmay ^ , * make original or- filiatiorj and maintenance, for any other reason than upon the der oi tiiiaiion. merits and facts, such court shall proceed and make an original order of filiation, in the same manner as any two justices of the peace may, by law ; or such court shall bind over the person charged, to appear at the next general sessions. § 40. In case of any order beini^ quashed, for any other ProccedinRs , , . 1 , , II- wlien order reason than on the merits, and the person charged being qunshtd for bound over as aforesaid, the same proceedings may be had by the justices of the peace for the apprehension of the per- son charged as father of a bastard, or of a child likely to be born a bastard, and for the making of an order of filiation and maintenance, and for the commitment of such person in default of executing any bond required by law, as are herein authorized in the first instance. And the same proceed- ings shall be subsequently had in all respects. § 41. Whenever any person shall be committed to prison charged as the father of a bastard, or of a child likely to be born a bastard, and whenever any mother of a bastard shall be so committed, for their default in not executing a bond to wiim father or support such child, or to indemnify the public, it shall be the «/, duty of cJurt. duty of the court of general sessions of the ])cace of the county, to inquire from time to time into the circumstan- ces and ability of such father or mother to support such bastard, or to procure sureties to be bound with either of them. § 42. If the court shall at any time be satisfied that such Whcn to k- ih- father or mother is wholly unable to support such child, or to ^^'"^''^'' ' contribute to its support, or to procure sureties to be bound with either of them, the said court may, in its discretion, order such father or mother to be discharged from such imprisonment. § 43. Before any order for such discharge shall be entered, ccrtafn notice the court shall be satisfied, that reasonable notice has been ['Jbi'gwe»*!*'**' (47) 1 R. L. 310, sec. n. 1 «^ VO BASTARDS. given to the overseers of the poor, or the county superin- tendents, at who^e instance such father or mother may have been committed, of the intention^to apply for such discharge, and shall hear the allegations and proofs of the said superin- tendents or overseers, and may examine such father or mother on oath, in relation to their circumstances. fccTort^a^*"? ' 5 44. Whenever a father or mother shall be lav^^fully com- S.Kuder"this fitted for the causes in the last section specified, or either of T*"^- them, he or she shall not be discharged from imprisonment under or by virtue of any insolvent act, or other act for the rehef or discharge of imprisoned debtors, or in any other way, until discharged by the court of general sessions of the peace of the county. Bonds for ap- § 45. The bouds takcu by anv iustice or indices of the peace, pcarance, to be "^ ^ . j j 1 ' signed ; to be for thc appearanco of any person charged as the father of a transmitted to ^ ^ . . court. bastard, or of a child likely to be born a bastard, or for the appearance of any mother of a bastard child, at any court of general sessions of the peace, shall be signed by the persons binding themselves as principal and sureties, and shall be transmitted by the justice taking the same, or receiving the same from any constable as herein provided, to the said court, at the opening of the next term thereof. "Td^ &? ^^°^^ ^ '^^' ^^ ^^y default shall be made, by which such bond shall become forfeited, the court shall cause the same to be prose- cuted by the district attorney of the county, and the penalty thereof shall be recovered, and when collected, shall be paid to the county treasurer, to be by him credited to the town liable for the support of the bastard, if there be any such town in the county, and if there be none, then to be credited to the county. bastards. bmS*5!^sum)ort § 47. Whenever a bond shall be taken to perform any order that may be made in relation to the support of any bastard, or of any child likely to be born a bastard, or for the suste- nance of its mother, and any breach shall happen in the con- dition thereof, the same may be prosecuted in the name of the people of this state, by the county superintendents of the county, or the overseers of the poor of the town, which was liable for the support of such bastard or child, or which may BASTARDS. &l have incurred any expense in the support of such bastard or child, or in the sustenance of its mother during her confine- ment and recovery therefrom. § 48. In such action, the breaches of the condition shall be thrrTonf 'Sat assigned as in actions brought on bonds with condition other Keacii!^^"**^*^ * than for the payment of money, and the same proceedings shall be had in all respects. It shall not be necessary to prove the actual payment of money by any county superin- tendent, overseer of the poor, or other person, but the neglect to pay any sum which shall have been ordered to be paid by any competent authority, for the support of the child, or the sustenance of its mother, shall be deemed a breach of the condition of such bond, and the amount of damages to be assessed in such case, shall be the sum which was so ordered to be paid, and which was withheld up to the time of the com- mencement of such suit, with interest thereon. § 49. For any breaches of the condition of such bond which chr*;f?",';icS shall happen after the recovery of any damages, or the com- ^^^^^^''^'^y- mencement of any suit, a scire facias may be issued, and the same proceedings had, as in actions brought on bonds with conditions other than for the payment of money. All monies which shall be collected upon any such bond shall be paid to the county treasurer, and by him credited to the town liable for the support of such bastard, if there be any such town in the county, and if there be none, then to be credited to the county. § 50* If in any such suit upon a bond, in the name of the mm'Jo^d.Sd". people, the same shall be discontinued, or non-prossed, or eJ!'*^"'^*'*'"^*^*" judgment shall pass for the defendant on verdict, demurrer, or otherwise, the relators and their successors in office, shall be liable to pay such costs as the court shall award ; which payment may be enforced by rule and attachment of. the court, and shall be reimbursed by the county treasurer, and be by him charged to the town liable for the support of such bas- tard, if there be any such town in the sam^ county, and if there be none, to the county. § 51. An action may be maintained by the county super- ,,Slo"^rcvor!tTc* intendents of the county, or by the overseers of the poor of the of bastardsTc'^ 93 BASTARDS. town which may be liable for the support of any bastard, or child likely to be born a bastard, or which may have incurred any expense, or be liable to ai^y expense, in the support of such child or the sustenance of its mother, upon any order that may be made by any two justices of the peace, or by a court of general sessions, for* the payment of a sum weekly, or otherwise, for such support or sustenance, notwithstanding a bond may have been executed to comply with such order, may be brou^rht and to indemnify anv such county or town ; and in case of the against ciecu- ./ ^ to«,&c. death of the person against whom such order was made, an action may also be maintained on such order against his ex- ecutors or administrators. But when a bond is entered into to appear at the next general sessions of the peace, no action shall be brought on any such order, until the same shall have been affirmed by the said general sessions. Proceedings § 52. If tlic Dutativc father or mother of any bastard, or of against father or , m i ti i i i i i i / i mother of has- any child likely to be born a bastard, and to become charjre- Urd, abscoBding, , , , ,, "^ ^ , , ^i . ,. ., *c. able, shall run away irom the place of their ordinary residence, leaving such bastard or child chargeable, or likely to become chargeable to the public, the overseers of the poor of the town, or the superintendents of the poor of the county, where any such bastard shall be born or be likely to be born, may apply to any two justices of the peace of the county where any estate, real or personal, of the putative father or mother of such bastard shall be, for authority to seize and take such real and personal estate. Upon due proof being made, to the satisfaction of such justices, of the said facts, they shall issue their warrant, in the same manner as is provided in the first title of this chapter, in relation to parents absconding and leaving their children chargeable ; and the same proceedings, in all respects, shall be had thereon, and the overseers and superintendents shall account to the general sessions, in the manner therein provided. (48) Mother and bas- tard how to be supported. § 53. The mother of every bastard, who shall be unable to support herself, dm'ing her confinement and recovery there- from, and every bastard, after it is born, shall be supported as other paupers are required to be supported by law, at the expense of the town Avhere such bastard shall be born, if the mother have a legal settlement in such town, and it be requir- (48) 1 R. L. pnge 309, section 8. BASTARDS. 93 ed to support its own poor ; if the mother have a settlement in any town of the same county, which is required to support its own poor, then at the expense of such town ; in all other cases they shall be supported at the expense of the county where such bastard shall be born. 5 54. Such mother and her child shall not be removed from Mother not to be . removed without any town to any other town m the same county, nor from one her coii«ent. county to any other county, in any case whatever, unless vo- luntarily taken to the county or town liable for their support, by the county superintendents of such county or the over- seers of the poor of such town. 5 55. The overseers of the poor of any town where a wo- when overseer* * i- J to notify Biiperiii- man shall be pregnant of a child likely to be born a bastard, J,f",j'!^"a*rd^/*''^ or where a bastard shall be born, which child or bastard shall be chargeable, or likely to become chargeable to the county, shall immediately on receiving information of such fact, give notice thereof to the county superintendents, or one of them. § 56. The county Superintendents shall provide for the foZ'pi^lt molker support of such bastard and its mother, in the same manner '^"** *^**"'** as for the poor of such county. § 57. Until the county superintendents take charge of and J'u?' ofI>7t.?w^* provide for the support of such bastard and its mother so chargeable to the county, the overseers of the poor of the town shall maintain and provide for them ; and for that pur- pose, the same proceedings shall be had as for the support of a pauper chargeable to the county, who can not be conve- niently removed to the county poor-house. § 58. Where a woman shall be pregnant of a child likely Mother and ba»- to be born a bastard, or to become chargeable to a town, or j^ncd*°by%vi5^ where a bastard shall be born chargeable, or likely to become Jha'rpeJbiT''*'' chargeable to a town, the overseers of the poor of the town where such bastard shall be born, or be likely to be born, whether the mother have a legal settlement therein or not, shall provide for the support of such child and the sustenance of its mother, during her confinement and recovery there- from, in the same manner as they are authorized by law to provide for and support the poor of their town. to town or not. 94 BASTARDS. frSJ^Jar'emiof* ^ ^^' Where any money shall be paid to any overseers, bfLppiied^'how pursuant to the order of any two justices, by any putative to b« accounted father, or by the mother of any bastard, the said overseers may expend the same directly in the support of such child, and the sustenance of its mother as aforesaid, without paying the same into the county treasury. They shall annually ac- count, on oath, to the board of town auditors, at the same time that other town officers are required to account, for ex-^ penditures of all monies so received by them, and shall pay over the balance in their hands, to their successors in office, at the same time, and under the like penalties, as are provi- ded by law, in respect to the poor monies in their hands. When received § 60. All monics which shall be ordered to be paid by the on account of • r i i i i bastard chargea- Dutativc father, or bv the mother of a bastard chargeable to ble to county, , howtobedispos- any county, shall be collected for the benefit of such county ; and all overseers of the poor, superintendents, sheriffs, and other officers, shall, within fifteen days after the receipt of any such monies, pay the same into the county treasury. Upon neglect of any of the said officers to make such pay- ment, they shall be liable to an action by ^nd in the name of the county treasurer, for all monies so received a»d withheld, with interest from the time of the receipt, at the rate of ten dollars upon the hundred dollars ; and shall forfeit a sum equal to that so withheld, to be sued for and recovered by and in the name of the county treasurer. baftaniT'^hiw^^ § ^1- Whcncvcr any dispute shall arise concerning the legal determined. settlement of the mother of a bastard, or of a child born or likely to be born a bastard, in any town, the same shall be determined by the board of county superintendents of the poor, upon a hearing of the parties interested, in the same manner as they are authorized to determine the settlement of any poor person. , that purpose. (w^nmor ^°^ § ^2. Where a bastard shall be born or be likely to be born in one town, when the legal settlement of the mother is in another town of the same county, which is required by law to support its own poor, the overseers of the poor of the town where such bastard shall be born, or be likely to be born, shall give the like notice to the overseers of the town where the mother's settlement may be, as is required in the BASTARDS. 9B case of a person becoming a pauper, under the like circum- stances ; and the same proceedings shall be had in all res- pects, to determine the hability of such town, as in the case of paupers. 6 63} The overseers of the town to which the mother of Proceedings for . , p I that purpose, such bastard belongs, may, before the confinement of such mother, or at any time after the expiration of two months after her delivery, if her situation will permit it, take and sup- port such mother and her child. § 64. If they omit to do so, and fail to obtain the determin- "* ation of the county superintendents in their favor on the ques- tion of settlement, the town to which the mother belongs, shall be liable to pay all the expenses of the support of such bastard, and of its mother during her confinement and recov- ery therefrom ; which expenses, after being allowed by the county superintendents, shall be assessed, together with the lawful interest on the monies expended, on the town to which such mother belongs, and shall be collected in the same man- ner as provided for poor persons supported under the same circumstances ; and the monies so collected, shall be paid to the county treasurer, for the benefit, and to be credited to the town which incurred the said expenses. § 65. In those cases where anv town is required to sup- ^'"^j^"' **'' i""*f« ■* " ^ i^ to fix sum to be port a bastard and its mother, whether the mother have a f^^pj'nded for ba»- ■i ' tnras, &c. m cei- settlement in such town or not, and no monies shall be re- ^^" '^***^'- ceived from the putative father, or from the mother, to defray the expense of such support, the overseers of the poor shall apply to a justice of the peace, and obtain an order for the support of such bastard, ^nd the sustenance of its mother, during her confinement and recovery therefrom, and the sum to be allowed therefor, in the same manner as is required in the case of paupers ; and the monies paid, or contracted to be paid, by the overseer, pursuant to such order, shall be paid / by the county treasurer, in the same manner as for paupers, and be charged to the town to whose officers such payment shall be made. § 66. If there be a county ])oorhouse, or other place ^'^icn bastard ■ 1 1 r \ ' ^"^ mother to be provided lor the reception of the poor, in any county where removed to coun- * *' ♦^ ty poor-houBc; 9« BASTARDS. the towns are required to support their own poor, the over- , seers of the poor of a town where a bastard shall be born, or shall be likely to be born, may, with the approbation of the county superintendents, or any two of them, and when the situation of the mother will allow it, remove the mother of such bastard, with her child, to such poorhouse, or other how supported placc, in the same manner as paupers may be removed ; the expense of which shall be defrayed in the like manner, and such mother and her child shall be considered as poor of the town so liable for their support, and the expense shall in like manner be estimated and paid. rntendemS'^and ^ ^^' "^^^^ Superintendents of county poor, or any over- o^erBeerBfor»cg- socrs of the poor of any town, whose duty it shall be to pro- vide for the support of any bastard and the sustenance of its mother, who shall neglect to perform such duty, shall be deemed guilty of a misdemeanor ; and shall, on conviction, be liable to a fine- not exceeding two hundred and fifty dol- lars, or to imprisonment not exceeding one year, or to both. Compromise § 68. The commissioncrs of the almshouse and bridewell with putative r- i • f -ivt ^7- i /» 1 1 fathers in New- of the City of Ncw-iork, or any two of them, may make such compromise and arrangements with the putative fathers of bastard children in the said city, relative to the support of such children, as they shall deem equitable and just, and thereupon may discharge such putative fathers from all lia- bility for the support of such bastards. Penalty cm can- § 69. Evcry coustablc or Other officer, to whom any bond stables neglect- "' r'l r ^ n i-iiTii ing to deliver of thc Dutativc father 01 a bastard, or of a child likely to be over bonds re- * "^ ceived by them, bom a bastard, taken out of the county where the warrant was issued, shall be delivered. as h^ein before directed, who shall neglect or refuse to deliver the same to the justice who* issued such warrant, within fifteen days after the receipt of the same, shall forfeit the sum of twenty-five dollars, to be sued for and recovered by and in the name of nny overseers of the poor, or county superintendents, at whose instance the said warrant was issued. Justices endors- § 70. No lusticc of the pcacc shall be liable to any infor- Ing warrant un- ' "^ , ^ * ^1 x* t. derthisTiiie.not niation, iiidictmcnt, action of trespass, or other action, by reason of his having endorsed any warrant issued for the BEER CASKS. 97 apprehension of the putative father of a bastard, or of a child likely to be born a bastard, although it should after- wards appear that such warrant was illegally or improperly issued. §71. If any justice who shall have issued any w'arrant ^ Jj^f/^f^'a^h^^'" for the apprehension of the father of a bastard, or of a child ^Unln{: ^"^"^^ likely to born a bastard, shall have died, vacated his office, or be absent on the return of such warrant, the constable who may apprehend such father, shall carry him before some other justice of the same town, who shall have the same authority to proceed therein as the justices who issued such warrant.* BEER €AI$K8 — Regulation of. 1. Casks to be gauged and marked. 3. Size of barrel and hoggiicad. 3. Expenao of being re-guaged. AN ACT regulating the gauge of Beer Casks in the City of New-York and fulage of Brooklyn. Passed May 4, 1829. Chap. 362, p. 555. 1. § 1. From and after the first day of August next, all caskstobegaof- •^ ^ cd and marked. casks of beer offered for sale in the city of Ne\^ York and the village of Brooklyn, shall be gauged, and the gauge marked on every cask, together witli the initials of the name of the gauger. *The first actupsn this subject may be found V. S. vol. 1, p. 98, passed 24th October, 1706. It declares the bastard cliild shall follow the condition of the mother, and if bom of a Negro, Indian, Mulatto, &c. it shall be a slave. By an act passed 7th February, 1788, Grccnleaf, vol. 2, p. 32, power is given to two justices to make orders for the support of bastard children, and to cause the estates of lathers and mothers of bastard children to be seized for their support : and by an act passed 7th of March, 1788, Greenleaf, vol- 2, p. 133, more ample provision is made for the support of bastards and settlement of the poor. The act of 7th of February, 1788, is amended by an act passed 9th of March, 1793, Greenleaf, vol. 3, p. 56, which further points out the mode of proceeding and authorizes the court to order the clerk to compound for penalties under the act. By an act passed 6th March, 1801, K. & R. vol. 1, p. 394, provision is made in the 7th $, that it shall not be lawful for any justice of the peace to send for any woman whatever, in order to her being examined concerning her pregnancy or supposed pregnancy, until one month after she shall be delivered, or to compel any woman before she shall be delivered, to answer to any question relating to her pregnancy. Thia act is incorporated in the revision of 1813 with some additional provisioos. 13 98 BETTING AND GAMING, sixe of barrel 2. § 2. A baiTel of beer shall be deemed and taken to con- and hogshead. , ' tain thirty-two gallons, and a hogshead of beer to contain sixty-three gallons. V of bdiTg'UgaS^^ ^' § ^' When any purchaser of beer shall require a cask ^^' or casks to be re-gauged, it shall be done at the expense of the said purchaser, unless the said cask or casks so required to be re-gauged, shall be found to gauge less than they are marked, in which case the expense of re-gauging siTch cask or casks shall be paid by the vendor. BETTING A]^D GAMING. Revised Statutes, Vol. 1,^;. GGl. ARTICLE THIRD. OF BETTING AND GAMING. SicT. 8. All wagers unlawful ; all contracts on account of wafers, void. 9. Money and property wagered ni;iv be recovered of stakeholder or winner. 10. Two last sections not to extend tycertain insurances and contracts. 11. Cheating at games a misdemeanor. 12. Winners at any game to forfeit five times the value won. 13. Winning or losing $-25 Avithin twenty-four Jiours, a misdemeanor. 14. Persons losing at any sitting $25, may recover it back, 15. If not sued for by losers, may be recovered by overseers of the poor. 16. Securities for money lost at gaming, &c. void. 17. If such sHuritics atfec^ real estate, to enure to heir df grantor, &c. 18. Persons betting, playing, &;c. competent witnesses against others. 19. Persons liable to suit, may be compelled to answer bills of discovery. 20. Answer not to be testimony against such persons. 21. When and how witnesses may be discharged from penalties of this Title. All wagerg un- ^ 8. All wagcrs, bcts, or stakes, made to depend upon any race, or upon any gaming by lot or chance, or upon any lot, chance, casualty, or unknown or contingent event whatever, shall be unlawful. All contracts for or on account of any money or property, or thing in action so w^agered, bet, or staked, shall be void. (65) Property staked § 9. Any pcrsou who shall pay, deliver, or deposit any mo- may be recovered "^ ^ ... . *^ , ^ ney, property, or thmg m action, upon the event oi any wager (65) 1 R. L. 223, section 5. BETTING AND GAMING. 9$ or bet helfein prohibited, may sue for and recover the same of the winner or person to whom the same shall be paid or de- livered, and of the stakeholder or other person in whose hands shalj be deposited any such wager, bet, or stake, or any part thereof, whether the same shall have been paid over by such stakeholder or not, and whether any such wager be lost or not. ' § 10. The two last sections shall not be extended so as to ^S."^^""* prohibit or in any way affect any insurance made in good faith for the security or indemnity of the party insured, and which are not otherwise prohibited by law ; nor to any con- tract on bottomry or respondentia. § 11. Any person who shall by any fraud or unlawful de- unratVum^.^*" vice or ill practice whatsoever, while playing at any game, or while bearing a share in the wagers played for, or while betting on the sides or hands of such as play, win or acquire to himself or to any other, any sum of money or other valua- ble thing, shall be guilty of a misdemeanor, and on conviction shall be deemed infamous. (GO) § 12. Every person who shall, at any one time or sitting, J^i^iirSum win by playing at any game, of any one or more persons, any '^'^^^ sum or value, shall forfeit five times the value of the money or other things so won, to be recovered by and in the name of the overseers of the poor of the town, for the use of the poor. (60) § 13. Every person who shall win or lose at play, or by n^,*igorio8*iiJ«« Tjetting at any time the sum or value of twenty-five dollars or upwards, within the space of twenty-four hours, shall be deemed guilty of a misdemeanor, and on conviction shall be fined not less than five times the value or sum so lost or won ; which, after deducting such reasonable charges of the prose- cutor and witnesses as the court shall allow, shall be paid to the overseers of the poor of the town w^here the offence was committed, for the benefit of the poor. (67) § 14. Every person who shall, by playing at any game, or ^^^"'°[*'''[^^ by betting on the sides or hands of such as do play, lose at ver ihwu back. (C6) 1 R. L. 153, section 5. (07) Ibid, section 6. 100 BETTING AND GAMING. any time or sitting the sum or value of twenty- five liollai's or upwards, and shall pay or deliver the same or any part there- of, may, within three calendar n^onths after such payment or delivery, sue for and recover the money or value of the things so lost and paid or delivered, from the winner thereof. (68) When to be col- § 15. In casc the person losinf]: such sum or value shall not, lected by over- . , , n • of the poor, withui the time aforesaid, in good faith and without collusion, seers sue for the sum or value so by him lost and paid or deliver- ed, and prosecute such suit to effect without unreasonable de- lay, the overseers of the poor of the town where the offence was committed, may sue for and recover the sum or value so lost and paid, together with treble the said sum or value, from the winner thereof, for the benefit of the poor. (68) Securities for § 16. All things in actiou, judgments, mortgages, convey- ming, void, &c. aucos, and every other security whatsoever, given or executed by any person, where the whole or any part of the conside- ration of the same shall be for any money or other valuable thing won by playing at any game whatsoever, or won by betting on the hands or sides of such as do play at any game, or where the same shall be made for the repaying any money knowingly lent or advanced for the purpose of such gaming or betting aforesaid, or lent or advanced at the time and place of such play to any person so gaming or betting aforesaid, or to any person who, during such play, shall play or bet, shall be utterly void, except where such securities, conveyances, or mortgages shall affect any real estate, when the same shall be void as to the grantee therein, so far only as herein after declared. (69) upo?reafesme' § 1'7. When any securities, mortgages, or other convey- S "hei^^ ir^of ances, executed for the whole or part of any consideration grantor. specified in the preceding section, shall affect any real estate, they shall enure for the sole benefit of such person as would be entitled to the said real estate, if the grantor or person in- cumbering the same had died immediately upon the execution of such instrument, and shall be deemed to be taken and held to and for the use of the person who would be so entitled. All grants, covenants, and conveyances, for preventing such (68) 1 R. L. 153, section 2. (69) Ibid, section 1. BETTING AND GAMING. 101 real estate from coming to, or devolving upon, the person hereby intended to enjoy the same as aforesaid, or in any way incumbering or charging the same, so as to prevent such per- son from enjoying the same fully and entirely, shall be deem- ed fraudulent and void. (69) § 18. No person, other than the parties in the cause, shall &e'^oinfSi7' be incapacitated or excused from testifying, touching any of- oulerT^^ ^^""^^^^ fence committed against any of the foregoing provisions, re- lating to gaming, by reason of his having played, betted, or staked at any game, as herein prohibited ; but the testimony of any such person shall not be used against him, in any suit or prosecution hereby authorized. (70) § 19. Every person who shall be liable to be sued by any onnscove/"muy loser or other person, by virtue of any of the foregoing pro- ^^ compeiiLU. visions relating to gaming, in this Article contained, shall be compelled to answer, on oath, any bill that may be exhibited against him in the court of chancery, for discovering the mo- ney or other things won at play contrary to law ; and may be compelled, by decree of such court, to return the same. (71) § 20. The answer to suchbili shall not be used as testimony, An^wprsnot tes- ' -^ ' tiinony in certain in any case, against the person making such discovery. (71) '^^'^^'^^• § 21. Any person offending against any of the provisions whon witnesses contained in this Article, who shall be admitted and examin- Sf^mpcuiiu^^^^^ ed as a witness, in any court of record, to sustain any suit or prosecution herein authorized, may, by rule of the court, be discharged from all penalties by reason of such offence, if such person hath not before been convicted thereof, or of a similar oflence, and if it appear to the court satisfactorily, that such person was duped or enticed into the commission of the of- fence, by those against whom he shall testify.* (72) (69) 1 R. L. 153, ^ 1. (70) lb. ^ 8. (71) i Rev. L. 153, ^ 3 & 4. (72) lb. $ 7. * The first notice taken of this subject appears to be a statute passed by the Frovincial Assembly of the 29th of November, 1745. It declares that no Tavern keeper, Inn keeper, &c. shall keep gaming tables under a penalty of twenty pounds', or' suffer youth and servants to game in their houses under the penalty of three pounds, and imposes a penalty of si.x shillings on apprentices, servants, &c. for gaming. By an act passed 20th of February, 1788, 2 Gr. p. 60, entitled " an act to prevent exccssiTe and deceitful gaming," it is stated that the laws then in force ware found insufficient t« re- strain the evils, it enacts that all notes, bills, bonds, mortgages and securities for money, &c. won by gaming or betting on games to be void, and that any person losing money or other things to the value of ten pounds, by gaming, may recover the same by suit from the 102 BILLS OF HEALTH. BILLS OF HEALTH. Revised Laws, Vol 2, p, 44^4:. ACT TO REDUCE, &c. 1. Mayor when to give bills of health to vessels sailing from New- York. .Mayor when JO 1. ^ CCLXII. And be it further enacted, That every prac- hoaith to veaeeis titioner of plivsic in the said city shall, Avhenever called on for •ailing from N. ^ -^ J ' York. that purpose, by the mayor, or in his absence, by the recorder, give his opinion, in vvrriting, as to the existence of any in- fectious or contagious disease in the said city ; and that the said mayor may, when thereunto required, if such opinion will, in his judgment warrant it, deliver certificates under his seal of office, to masters of vessels sailing from the said city, stating the general health of ^le said city. — Vide " Public Health." winner, and it is further provided that persons winning by fraud and deceit any sum of money or, other thing, or who at one sitting shall win above ten pounds, shall forfeit five times the value; and winners by fraud and deceit are declared infamous, and shall suffer such punishment as in cases of wilful and corrupt perjury: and power is given to the jus- tices to bind to the good behaviour persons who support themselves by gaming. This sta- tute is incorporated in the revision of Keut.&. Rad. vol. 1, p, 231, and also in the revision of 1813, Vide vol. ], p. 152. BILLS AND NOTES. 103 BILLS AND N^OTES. Revised Statutes, Vol I. p. 768. 1. Clerk of New-York to keep registry of inhabitants. • 2. Iniiabitants to register'thtir names and places of business. 3. Exceptances may be demanded, &c. 4. If registry not made, drafts may be presented. 5. Notices may be left at tlie Post Office. 6. When disease shall be deemed to have subsided. L § 12. Whenever the board of health of the city of New- ^I^H^^f^^ York, or any other competent authority, shall, by public no- ,^ha*bitams\^bJ tice, designate any portion or district of the said city as be- ^""^^ ^^ ^'*''** ing the seat of any infectious or contagious disease, and de- clare communication with such portion or district dangerous, or shall prohibit such communication, it shall be the duty of the clerk of the said city and county, during the continuance of such disease in such district, to provide and keep in his office a book, for the purpose of registering in alphabetical order, the names, firms, and places of business of any inhabi- tant of the city, who shall desire such registry to be made.(4) 2. § 13. It shall be the duty of all persons and firms usually g^te?tSname» resident, or doing business within such infected district, to sSiee^s.Tc."^''"' register in the book so provided by the said clerk, their names or firms, with the place or places out of such infected district, but within the county of New- York, to which they may have removed the transaction of their business, or to which they may desire any notices to be sent or served, or any notes, drafts or bills, to be presented for acceptance or for payment. The sum of twenty-five cents may be claimed and received Feeofcierk. by the said clerk for every such registry; but the book in RrgiBtermaybe which the same shall be entered, shall be, at all times during ^''^'"" "*^ ^'^* "' office hours, open to public examination, free of all charges. (4) 3. § 14. During the continuance of any such disease in such Acceptances, &«. • r 1 ^• • M 1 r i i -n i • i i i ^^V l>c demand- iniected district, all draits, notes and bills which by law are ed. required to be presented for acceptance or for payment, may be presented for such purpose at the place so designated in such registry ; and all notices of non-acceptance and of non- Notices, &c. may -, ^ be served at de- payment, of any note, draft, or bill, or of protest, for such non- »ignated place. (4) Laws of 1826, p. 12, $ 1 &, 2. 104 BILLS AND NOTES. acceptance or non-payment, may be served by leaving the same at the place so designated. (4) If registry, not 4. § 15. In casc any person or firm, usually resident or do- may be presented ing business w^ithin such infected district, shall neglect to make and cawse to be entered in the book so provided, the registry herein required, all notes, drafts or bills, which by law^ are required to be presented to such person or firm for acceptance or for payment, may be presented to the said clerk of the qity and county of New- York, during the continuance of such disease, at any time during office hours, and demand of acceptance or payment thereof, may be made of the said ' clerk, to the same purpose and with the same effect, as if the same had been presented, and acceptance or payment demand- ed, of such person or firm, at their usual place of doing busi- ness. And notices &c. 5. § 16. In casc of the omission to make the resristry herein may be left at i n • r ^ o J poat-office. required, all notices of the non-acceptance or non-payment of any note, draft, or bill, or of protest for such non-accept- ance or non-payment, may be served on any person or firm, usually resident or doing business within such infected dis- trict, by leaving the same at the post-office for the said city of New- York ; which service shall be as valid and effectual, as if the notices had been'served personally on such person, or one of such firm at his or their usual place of doing busi- ness. 6. § 17. Whenever proclamation shall be made by the board of health, or other proper authority of the city of New- York, that an infectious or contagious disease in any such in- fected district has subsided, it shall be deemed to have subsid- ed for all the purposes contemplated in this title. (4) Laws of 1836, p. 13, $ 1 & 2. BOARDING HOUSE AND TAVERN KEEPERS. 105 BOARDIXG HOUSE AND TAVERN KEEPERS. Revised Statutes, Vol. I, p. 292. I. Duty of Tavern keepers, &c. as to enrolment, &c. a. Penalty for neglect of duty. 3. Duty of Tavern keepers, C A VALR Y. 1 07 CARRIAGES. [Thirhj-Sixth Session. — Vol 2, p. 342.] CHAP. LXXXVI. AN ACT TO REDUCE, &c. , Passed April 9, 1813. PASSAGE OP CARRIAGES. 1. Carriages to take to tho right of the road. 2. VVlio liable to penalty. lACXCYlll.And he it further enacted. That in allcasesof can-iaceitotako , , . 1 • 1 • right side of road. persons meeting each other in any street or road in the city and county of New- York, in carriages, wagons, carts or sleighs, each person so meeting shall go to that side of the street or road on his right, so as to enahlc the carriages, wagons, carts or sleighs so meeting, to pass each other, un- penalty, dpr the penalty of five dollars for every offence, to be re- covered by an action of debt, with costs of suit, in any court having cognizance thereof, by any person suing for the same. 2. § CXCIX. And he it farther enacted, That the proprietor who liabic for of the carriage, wagon or sleigh neglecting or refusing to p*"*^^' turn to the right as above directed, shall be considered, if present at the time of' such meeting, as the person commit- ting the said offence, and if absent, then the driver thereof shall be so considered.* CAVALRY. Revised Statutes, Vol. 1, p. 336. § 68. Persons under eightten years of age, in the city of New- York, shall in no case be permitted to enlist in any company, or troop of cavalry, artillery, or light artillery, light infantry or riflemen. * By an act passed 21sfrof Marcii, 178T, 2 J. & V. 122, ^ 10, it is enacted that In all cases of pcif oiis meeting each other on any of the said roads (public roads on Manhattan Island,) or highways, in carriagrs, wagons, carts, or sleighs, those who are going northward shall give way to such as art* coming in southward, under the penalty of forty thillings for every offence. 108 CENSUS. CENSUS. Revised Statutes, Vol. l,p. 87. CHAP. III. OF THE CENSUS OR ENUMERATION OF THE INHABITANTS OF THE STATE. Sect. 1. Enumeration when t» be taken. 2. Secretary of state to have certain blank returns and abstracts printed. 3. To transmit them to clerks of counties. 4. Marshals for cath town and ward to be appointed, by wliom. 5. County clerks to furnish marshals with blank returns. 6. Marshals to take enumeration ; proceedings. 7. Form of returns by marshals. 8. What persons to be enumerated. ' » 9. Returns to be certified and sworn to. 10. To be delivered to county clerk,? by what time. 11. County clerk to transmit abstracts to secretary of state. 12. Secretary to report to the legislature. 13. Expenses of marshals and county clerks, how audited and paid. 14. Penalty on persons refusing to give information to marshals, or giving it falsely. Census when to § 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. (1) be*"r^nted""^ ^ ^ ^' ^^^ Secretary of state shall, in every such tenth year, cause uniform blank returns and abstracts in conformity to the forms and provisions herein contained, ' together with copies of this Chapter, to be printed for the purpose of taking such enumeration, and obtaining other statistical information. To be sent to § 3. The secretary of state shall, on or before the first day county cer s. ^^ May, in cvcry such tenth year, transmit by mail to the clerk of the city and county of New-York, and to each of the other county clerks, twice as many of such blank re- turns and copies of this Chapter, as there are wards and towns in their respective counties. r (1) Conetitution, art. 1,^6. CENSUS. 109 6 4. The common council in each of the cities, and the Marshals in each ' • 1 /- 1 ^^" ^^^ ward, supervisors, town clerks and assessors, m each oi the towns in this state, shall respectively convene at some convenient place in eacTi 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. § 5. It shall be the duty of the clerk of the city and county to te furnished of New- York, and of every county clerk in this state, torums.^*^^ '^' distribute such blank returns and copies of this Chapter, on or before the fifteenth day of July, in every such tenth year, among the several marshals thus apportioned. § 6. Immediately on receiving such blank returns and Duty of mar- copies of this Chapter, every such marshal shall proceed to ^ * enumerate, truly and accurately, the inhabitants residing in the town or ward for which he shall have been appointed, by making actual inquiry at every dwelling-house, or of the head of every family residing therein : and to obtain the statistical information required by this Chapter, by such con- venient means as may be in his power. § 7. Each marshal shall enter in the blank return received pom, of retuma. by him the particulars of the enumeration so made, and of the statistical information so obtained, in the following manner aiid form : no CENSUS. 'fe. & w =r Jk ^ c* 5k G* O HI |g g Ct e5 o ■< t- ^ cc «o (;: w r^ rO -r c -«: *^ er *&>- •S I •?,>i.ir)iisB JO aoqunui 9t|x | •s.»w.)i|iisip_io jaqjiinu ',nii | •sjon!HiB!T-(lij} JO .loqmnu i'i|^j^ •s>{JOA\ uoji JO j,iqmrTi nqj, | •AUAV oijs,)mop j',[j III unm jsqjo 'Xioiaui pv3 m pojmoBjnuBia 'utoio uanooA^ puB u ojiujjo spib/( jo joqtnnu o!i,l _ •XcAV onsoTiiop Mjj ni umn joqjo .{.tmrtv.l Tjnco lit p.tjrnocjTiTrem 'qiop iionnoAv .jo eniv.i to j,-!qTnni: oqj, •X>;av rtisontyp aqi in jikiji oqio ^S.io}dv j xi ono ii l poxnjo^jmnsTo^qjnjo ucjjoo jj . fr :j i jo J.tquinu .igj, •criUiTpPtn-gTn pjTio jo jog mru nq^ -s ntni-auiiPJ JO jgqtcn: ! otfx ;sinrn-i . 'j^jojoqiami aqj. •si{ira-MBS JO loqranu aijj, •SiiTiJO.iaTfl jTjn < oqi linunp Xjiuirj otUTJS 9ifi lit X;:av oi'>; .mop o'[j iii pojmaTijniiT^Tii 'sgyiin ii:qi jr>q:o .'o 'uo!}:;oj 'uoi.if jo ppi;7X jo jaqnmu ai;j, •i;iiip.(j..j.l J i:,>X oqi i,\.unp A";nu3i ;r itjs atp lu Xu.u. oi^souiyp nq] in pojmouj niiuiM 'p.»||Tn lou sijjop n.^iiooAV J.itno pnc inunrj: 70 s'pjKX.io joqminr nirj, II iftJM onsstnop oTi ni paimour ! .)qi xuu'iip A'inn*j amus .jqj ■n; JO 9p.niX jo joquirn otjj, -Ariiar . , pauA'.u r3oT [ jo J.iqnir.u ;)i [j, • ■■ . 1 X q poiuvo (loaqs JO joqiunii or[x ■•; : I iq pnn.wo s.isjoq jo Jiq nmu nqj^ A[p5n;j ouiv.si aqi /q pr.iiAVn on^va lBr»» jo j.iqiimir nq j, •Xlimuj nfl A"q p,);iln.^.)o pnv.\ ])■> \(>.:diMi jo s.)jjg jo j..iiiinui oq j, ni.iX o;ji ?iiiJTip A[iTTirj omt;3 oqi ni PijiTJ.ip jo Joqinmi njui[^\\ aavK •gutpoajJiI ruDif ai{l ffnijTip A]xmT.j &nrng arj: in stpjiq jo laqninn aioi[^ TnvivrL-T •a^viv * 'Sifipooud JB>iX nqi 2itunp 'popis.u pr»i.ui:iii iimn.v r>rn njr>TiA\ 'Xi'TTPj nirrne nqi nt S(njjii3Do a.>auujTi:M jo .1 )qinnn nq j, •SJBDX II03-1XIS JO DSn ip jnptin 'pnTJJBTif/ • 'AfTTirBj ^mvn sifi ni sinsjsd ajumnj jo joquinii bqj, •aii'n f n A IT- CiTn' niii> iiatMVT'a in c.i; sjunXoAij-XiJo; pin? usoixr-? jo st/'in )in HOOAV'.oq '.CiTTircT sttres oqj ui sunsjod oiiniuj pjuauumn jo jsqiumi" ;>q j. •fJJUOA" nAIJ-Xl.H»J JO )3t; riTfi Jopin XfT'Trej onins r>Tji m ;Bjs tnqj jo iicimnisiioo oqi Xq pojiijin piiu 'p;iiT!j n.in (hja\ Xiniiri r»niv3 nqi iri jiiojodjo fhosj xJ jo joqninu ojoifAV oqj^ •p.tvtj OJB o;{AV Xiimi!j amus oiji in anoio.ijo prid^jnd jo.i-»qninii nqx | •p.tXKi joa jnnjoa jo Piropj.-td njtj oii.vi Xfimnj r>rnT30t[i m PTrociad jo JoqiTinii stfj^ •.-.todnrd ore oqAV Aniurj jmus nqjin PTio?:jcd jo jaqinny uqj, | ■pDZIfKJnj ■Ra mil suoiii? f).iii oijw Xiitttbi ompj! aip m snosi.id n:nnr jo jsgnimi aqj^ •a|do3d ot[l Xq p.ij.jop P.iooqjo i[i> joj aifJAOi onn.-- srqj jo uoiinjijs uoo oqi Xq pDunno X(!"ibj oinug f>qi ui suo-JjDd o[T;m jo jocimnHojoqAV oqj,' •Xmp iJMiIini 01 inr-fqiis Xiimnj own:? ogj in f i70s.rnd.':)[iiiir jo jDquinu oq^]^ | •ojukid; ji 'pTjoTi Pji Siiipnpiii 'Xnmt?j atinrs otji pi snopjod afTitnoj .p jaqnnm oqj, •ajmir ji 'pnaii sji Suipr.ioui ('iniiniDa j-jiij oqj mPt pT?aq r>Poi(A\ jo aintsii niji) 'Xiuurj bqj in stiosjad opim jo jaqiimu n'm, •AlIKVJ IlOra dO GT3H aH.L JO 3KVX 3nj. CENSUS. Ill a- ^5 2 c ::^ i c s •u.Moj qans uj eaiitjuuijo loquina 8[oq^\\ •2Uld[3a3( DJBS io soauogo ioj iiuf uj paayacTo cc •SDA[3SHI0qi uoddTis oj .^jiiNB ju3|»iyns jo Joquin y •< • •.Cjuct^o Aq paiioddns Joqum^Nj •sico;: euo-ijuoMj 3Aoqv •EiTJoi atfo-IjuoMj ioptir^ •SiTiOi. 3U i-AJt.DMJ JOpUfl •9 •UJfl.oj pres ui sioipr JO jequinu 0[oqAv — "^^ S i •LOAiOiiUiotii jaoddns oj iv.liq-a juapiyus jo aaqutnN - ■XjiicqD .^q pouoddna ioqinn^j • < •SJCJ.C 3uo-i{iU0Aij OAoqy _ - •tiT30.{ oao-iiuoAvi Jopufi ^' •6JB0A 0UO-AUI0A\J UAoqy ^ ■sanaX duo a"ju3.«} a.)pii j - 'UAvoi pius UI qiunp puBjcap jo aaqmmi luioj;, 5 •soAiosiuoqj jjoddns oj .^li[!qw juapiytis jo joquinjij o •XiiJBqo .{q powoddiis joqiun^r 1 •sitj.tX 8Ay-.{juaAvi puB iiaj uaoAvjog 5 •sjua.i uai japuxi | ^ ■siuj.{ oaij-Ami-jau puB uoj uaoAiioa 1 "^ •6jco;{ aoj i.ipu£i mu CENSUS. memet^^^^ § 8. Ev^ry person whose usual place of abode shall be in any family on the first day of July, in every such tenth year, shall be returned as of such family ; and every person casual- ly absent at the time of taking the enumeration, as belonging to that place in which he usually resides. Retuma how § 9. The rctum, so made out, shall be certified by each marshal taking the enumeration, to be true and accurate, to the best of his knowledge and belief, and shall be subscribed and sworn to by him, before any officer authorized to admin- ister oaths, who shall certify such attestation. Whentobede- § ^^' Each marshal shall, on or before the first day of De- cierS? ^^ '^^""^^ cember, in every such tenth year, cause the returns so certi- fied to be delivered to the county clerk of the county for which such marshal shall have been appointed ; and in the city of New- York, to the clerk of the city and county. Returns by coun- §11- Each couuty clcrk, and the clerk of the city and twy"f Itate!"^' couiity of Ncw-York, shall, on receiving the returns of the enumeration, and other statistical information, and before the second Tuesday of January next after every such tenth year, make and transmit to the secretary of state, by mail, an ab- stract thereof, subscribed by him, containing the sum total in each ward and town in his county, (specifying the same towns and wards by name,) of the particulars required to be stated in the several columns of the return to be made by the marshals herein before prescribed, and also the sum total of each of the said particulars in his county. Report of secre- § 12. The secretary of state, after receiving the abstracts tarv to legisla- • i i i • i i i ^ i n ture. required to be sent to him by the county clcrKs, shall prepare and report to the legislature, ageneral account of the enumera- tion, specifying the result thereof in the several towns, wards, cities and counties of the state, wdth a recapitulation of the whole. Expewes how § 13. The accounts for the services of the marshals in tak- ^^^ ' ing such enumeration, and ' of the county clerks in making out the abstracts thereof, shall be audit(?d by the supervisors of the county where the services are performed, and in the city of New- York by the common council thereof, and shall CLERK. 113 be assessed, collected and paid, as part of the contingent ex- penses of such county or city. § 14. Anv person beinnf the head of a familv or a member Penalty for refiw thereof, above the age of twenty-one years, who shall refuse ^c. to give to any marshal the information demanded by him re- lative to any of the particulars which such marshal is requir- ed to state in his return, concerning such family or such per- son, or who shall wilfully give false information to such mar- shal concerning the same, shall forfeit and pay a penalty of twenty-five dollars, to be sued for and recovered with costs of suit, by and in the name of the commissioners of common schools in their respective towns, for the benefit of such schools. Clerk of the City and County. Revised Statutes, Vol. 2, p. 285. 1. Offices to be kept open. 2. Provision as to office hours ameaded. 1. § 54. The clerks of counties and of all courts of law and offices of clerk, equity in this state, the register and assistant register of the ?pen/° ^^ ^^^^ court of chancery, and the register of deeds in the city and county of New- York, shall respectively keep open their se- veral offices for the transaction of business every day in the year, except Sundays and the day observed as the anniver- sary of American independence, from nine to twelve o'clock in the forenoon, and from two to five o'clock in the afternoon. AN ACT to amend certain provisions of the Revised Statutes^ and in addition thereto. Passed April, 1830, p. 396. 2. § 39. The second title of chapter third, part third, shall Provision as to be, and the same is hereby amended, by inserting in the fifty- dfd.* ''"'''^'"^' fourth section thereof, after the word " independence," the fy^, 3, Rer. st, words following : " in the city of New- York, from nine o'clock p- ^^1 in the forenoon to four o'clock in the afternoon, and in all other parts of the state," so that the said section, as hereby amended, shall read as follows : 15 114 CLERK. " 3. § 54. The clerks of counties, and of all -courts of law and equity in this state, the registei? and assistant register of the court of chancery, and the register of deeds in the city and county of New- York, shall respectively keep open4heir se- veral offices for the transaction of business, every day in the year, except Sundays and the day observed as the anniver- sary of American independence, in the city of New- York, from nine o'clock in the forenoon to four o'clock in the after- noon, and in all other parts of the state from nine to twelve o'clock in the forenoon, and from two to five o'clock in the afternoon." Clerk of Oyer and Terminer and Crcneral Sessions. Revised Statutes, Vol. 1, p. 102. 1. Clerk of, and other officers how appointed. Clerk of oyer and 1. § 13. The clcrk of the court of ovcr and terminer and terminer in N.Y. . . i r i • general sessions oi the peace, m and for the city and county of New- York, shall be appointed by the court of general ses- sions of the peace in said city, and hold his office during the Other officers, pleasure of the said court ; and such clerks and other officers of courts, whose appointment is not herein provided for, shall be appointed by the several courts, or by the governor, with the consent of the senate, as may be directed by law. Clerk of Police. CHAP. CXIX. AN ACT relative to the Duties of the Clerk of the Police Office in the City of New-York, Passed April 1!, 1829, p. 217. 1. A certain section of a former act repealed. 2. In the account rendered to specify the daily amount received. 3. Fees of. The People of the State of New- York, represented in Senate andAsseynbly, do enact as foUoivs : 1. § 1. So much of the third section of the act entitled " An act relative to the district attorney and other officers of CLERK. 116 criminal justice in the city of New- York," passed April 23, 1823, as makes it the duty of the clerk of the police office in the city of New- York, in the accounts which he is thereby directed to render to the comptroller of the said city, of the fees collected and received by him, to specify the amount .received in each case, is hereby. repealed. ' 2. § 2. The said clerk shall in all such accounts to be ren- dered by him hereafter, specify the amount received on each day, up to the time of the exhibition of such account. 2 Vol Rev. Laws, 1813, p. 18 & 19. FEES of the Clerk of the Court of Oyer and Terminer and General Jail Delivery, and General Sessions of the Peace, in the City and County of New-York. For enterino[ an appearance, twelve and an half cents. Fees of ihecierk o i'ir ' of the court of For a subpoena, twenty-live cents. oy<^r -i"/! tormi- i •^ ner anq, general For enterino^ an order or rule of court, twenty cents. J*'' d'l'very and o ' J general sessiona For a copy of an order or rule of court, twelve and an half ^^Q^'^Yoxk"^^ *" cents. For entering a nolle prosequi, or cessat processus, twenty cts. For reading and entering an allowance of a pardon, twenty- five cents. For swearing a witness, six cents. For reading every paper given in evidence, twelve and an half cents. For respiting a recognizance, six cents. For discharging a defendant by proclamation, twelve and an half cents. For entering defendant's confession, twelve and an half cents. For entering or filing defendant's plea, twelve and an half cts. For entering an imparlance, twelve and an half cents. For taking a recognizance, thirty-seven and an half cents. For entering relinquishment of plea, twelve and an half cents. For taking and entering verdict, when for the defendant, twenty cents. For taking and entering special verdict, for each sheet con- taining seventy-two words, twenty cents. For copies of records, indictments, informations, and plead- ings, when required, for each sheet containing seventy- two words, nine cents. For entering allowance of habeas corpus, writ of error, or certiorari, and returning the same, fifty-six cents. 116 CLERK. Clerk of Sup^'ciue Court. Passed April 7, 1827, p 245. § 2. And he it further enacted^ That the clerk of the Su- preme Court in the city of New- York shall be' allowed the same fees as are allowed to the recorder of the said city and county, for taxing costs and signing judgments. Clerk of Common Council. [Thirty -Sixth Session — Vol 2, p. 404.] CHAP. LXXXVL— (iJ, L.) AN ACT TO REDUCE, &c.-Pasfed April 9, 1813. CLERK OF COMMON COUNCIL. 1. Clerk of New-York inhibited from acting as Clerk rtf Common Council. 2. Common Council may appoint their own clerk, his duties,. Y^JX'' fnhSd 1- § CLX VI. Ajid be it farther enacted, That the clerk de- clerk of commo^! nominated in the charter of the city of New- York the com- eouncii. j^Qj^ clerk, now usually called the clerk of the city and coun- ty of New- York, shall for ever hereafter be relieved, restrain- ed and prohibited from doing or performing any duties or ser- vices or any act, matter or thing whatsoever, as clerk of the common council of the said city of New- York. 2. § CLXVII. And be it further enacted, That the mayor, aldermen and commonalty of the city of New- York, in com- mon council convened, shall and may from time to time, and Common council at all timcs for ever hereafter, choose and appoint a clerk to « their own clerk, be clcrk of the common council of the city of New- York only, and to remove such clerk, and to appoint another from time to time, as the said council shall deem fit so to do, which said Hie duty. clerk and clerks so to be chosen and appointed, shall receive, have, and take charge of and keep such seal and all such muni- ments, records, patents, deeds, minutes, writings and papers belonging to the mayor, aldermen and commonalty of the city of New- York, as the said common council shall, from time to time, direct or order to be delivered to and kept by the COLLECTORS. H' said clerk and clerks, so, from time to time to be appointed, under the direction and subject to the order and control of the said common council : Provided nevertheless, That no- thing herein contained shall be construed to prevent the legis- lature, at any time within their discretion, from altering or re- pealing this section and the last preceding section of this act. victa. College of Physicians and burgeons in -Vew York. Remised Statutes, Vol. 2, p. 770. 1. Authorized to receive bodies of convicts. L § 76. Whenever a convict shall die m either of the state .i^f«i''"« •<" ^on- prisons, it shall be the duty of the agents, unless the body of such convict be taken away for interment by the relatives of the deceased, within twenty-four hours after his death, to de- liver, on demand, such dead body, if at the prison at Mount- Pleasant, to the agent of the college of physicians and sur- geons of the city and county of New- York ; or if at the pri- son at Auburn, to the agent of the college of physicians and surgeons of the western district of this state. COI.LECTORS. CHAP. XXI. AN ACT relative to Collectors in the city of New-YorJc. Passed January 28, 1831, p. 15. 1. Provision upon the death, resignallon or removal of a collector elected, to appoint one. 2. Such collector so appointed to enter into a bond. 3. Act to take effect immediately after its passage. 4. Collectors rnay retain tlieir fees in certain cases. 5. Bond of collectors declared a lien. 6. Collector's fees. The People of the State of New-Yorh, represented in Senate and Assembly, do enact lis follows : L §. I. If any collector heretofore chosen or appointed, or hereafter to be chosen or appointed for any of the wards in 118 COLLECTORS. the city of New- York, shall after such election or appoint- ment die, or resign, or renfkove out of said city before he shall have entered upon or computed the duties of his office ; or if he shall by reason of sickness or other cause, be dis- abled from performing and completing such duties, it shall in every such case be the duty of the mayor, aldermen and commonalty of said city, to appoint a collector for such ward for the remainder of the year, who thereupon shall have the same powers and privileges, be subject to the like duties and penalties, and entitled to the same compensation as the col- lector in whose place he was appointed. • 2. § II. It shall be the duty of such collector so to be ap- pointed, before he shall enter on the duties of his office, to enter into a bond of the like penalty and subject to the same condition as other collectors are required to enter into bylaw; and upon every such appointment, the board of supervisors of said city, if they shall deem it necessary, may extend the time limited for the collection of the taxes in the ward for which such collector may have been appointed, for a period not exceeding sixty days ; of which extension they shall cause notice to be forthwith given to tlie treasurer of the said city. 3. § III. This act shall take effect immediately after the passage thereof. [Forty Seventh Session, Vol Q, c. p. 81.] CHAP. LXXXV. AN ACT to enable the Mayor, Aldermen and Commonalty of I , the C/ity of New-York to raise money by Tax. Passed March 15, 1824. „ ,, , , r 4. ^ III. -And be it farther enacted, That it shall be lawful f^i'viT*^^^^^ for the collectors of the several wards of the said city to retain in their hands, as a 'full compensation to each of the said collectors respectively, for their trouble in collecting and paying to the said treasurer or chamberlain, the monies V COLLECTORS. 119 which shall be raised in tlie said city and county, such fees or sum as the mayor, aldermen and commonalty of the city of New- York, in common council convened, may in each year, between the first day of August and the first day of October, ordain or establish to be allowed to the collectors to be elected at the next annual election in the said city; and that the present allowance, as established by the said com- mon council, shall continue to be received and retained by the said collectors, until altered by the said common council, agreeably to the provisions of this section. [Forty-Sixth Session, Vol. G,h. p. 1G7.] CHAP. CXLVIIL AN ACT to enable the Mayor, Aldermen and Commonalty of the City of New-York, to raise money by Tax, Passed April 12, 18C3. 5. § in. And be it further enacted, That it shall be lawful Collector's fcea. for the collector of the first ward of the said city, to retain in his hands one cent on each -dollar by him collected; the collectors of the second and third wards, one and one-half cents on each dollar by them collected ; the collectors of the fourth and fifth wards, three and one-half cents on each dollar by them collected ; the collectors of the sixth and eighth wards, four cents on each dollar by them collected ; / the collectors of the seventh and tenth wards, four cents and one half cents on each dollar by them collected ; and the collector of the ninth ward, five and an half cents on each dollar by him collected, and no more, as a full compensation to each of the said collectors respectively, for their trouble in collecting and paying to the said treasurer or chamber- lain, the monies which shall be raised by virtue of this act : • Provided however, 6. § IV. And be it further enacted, That the mayor, alder- Fees may be »i- men and commonalty of the said city of New- York, in com- ^^''^^' mon council convened, may in their discretion, alter or de- 120 COMMISSIONERS OF DEEDS. crease the said allowances to the collectors, and shall and may ordain what compensation shall be retained by them, in mannei" aforesaid.* Conittiissioiiers of Deeds. Revised Statutes, Vol 1, ^;. 97. 1. Number to be api)ointcd in tlie city of New-York* 9. Their power. 3. Discretionary power of the Govcnior as to number of. 4. Kepcaling clause. 1. § 1. Not less than two, nor more than four commis- sioners to take the proofs and acknowledgments of deeds, and to perform certain other duties to be denominated " Commissioners of Deeds" for each town in the state, and so many of the like commissioners, for each of the cities in tffis state as shall from thne to time be determined in the manner hereinafter provided: § 2. Thirty-six commissioners of deeds for the city and county of New- York. Revised Statutes, Vol 2, p. 283. 2. § 41. The commissioners of deeds appointed for any county or city have power, 1. To take the proofs and acknowledgment of convey- ances of real estate, and the discharge of mortgages : * Numerous statutes have been passed both during the Colonial Government, and since, to protect the public from the defalcations and frauds of collectors, and to induce care and caution in the selection of them. By an act passed the 21st of July, 1715, V. S. Vol. 1, p. 102, it is enacted, that if hereafter any collector or constable of any ward within the city of New-York, shall prove insolvent of the public taxes by him collected or received, or withdraw himself with the public money, so that it cannot otherwise be had and received, the inhabitants of such ward, as have chosen such collector or constable, so offending, shall make good the loss and damage in that behalf by a fresh levy upon themselves and not upon the inliabitants of the whole city as has been formerly ; any usage or practice to the con- traryin any wise notwithstanding. This act wasfollowe'd byan act passed April 30, 1743, enti- tled an act for explaining and rendering more effectualan act of the Governor, Council and the General Assembly, entitled an act to oblige the inhabitants of each particular ward within the city of New- York, to make good their respective quotas of public taxes. It authorizes the justices or city vestry at the expiration of four months after the tax ought to have been paid, to lay a new tax uj'.on the ward sufficient to make up the deficiency of the amount before assessed, and imposes a penalty upon them for neglect, &.c. And by an act passed 8th of March, 1773, V. S. Vol. 2, p. 7G1, collectors in each ward of the city of New- York were required to enter into bonds to^the mayor in such sum as he shall^think proper. COMMISSIONERS OF LOANS. 131 2. To take the acknowledgment of bail in any action in the supreme court, and in the court of common pleas of the county for which they are apf)ointed ; and in the city and county of New- York, in any action in the superior court of law therein : 3. To take the acknowledgment of satisfaction of judg- ments, in the court of common pleas of the county for which they are appointed, or in the mayor's court of the city for which they are appointed, or in the supreme court ; and to perform such other duties as are or may be enjoined by IdiW.— {Laws of ISIS, p. 44.) AN ACT relative to Public Notaries and Commissioners of Deeds in the several Cities of this State. Pussed March 17, 1829, chap. 52, p. 112. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 3. § 2. After the first day of January next, the governor shall nominate, and with the consent of the senate, appoint as many public notaries and commissioners of deeds in the city of New-York as he in his discretion may deem neces- sary, so that the number of each in commission at any time shall not exceed one hundred. 4. § 3. So much of the first Title of the fifth Chapter of the First Part of the Revised Statutes, as limits the number of public notaries and commissioners of deeds in the city of New- York, is hereby repealed. Coinmissioiiers of Loan^. Revised Statutes, Vol, \, p. 371. § 32. The clerk of the county, and any two judges of the county courts, shall, except in the county of New- York, be judges of the sufficiency of the sureties offered by a commis- sioner of loans ; and in the city and county of New- York, the mayor and recorder shall perform that duty. The bond of every commissioner, with the appropriation of the proper officers endorsed thereon, shall be transmitted to the comp- troller, to be filed in his office. 16 122 COMMON PLEAS. COMMOIV PL.EAS. Revised Statutes. Vol. 2, p. 215. 1. & 2. By whom and how held. 3. Ternia of tlic Court. 4. I-'irst Judge, &c. may hold General Sessions. 5. Cost in Common Pleas. 6. Number of jurors may be increased in certain cases. 7. Kules for entering and perfecting bail, and time given to the sheriff. 8. Fees the same as in Superior Court whe)i a certain amount is recovered. 9. Ordersoutof court, by whom granted. 10. Supreme Court may make order in certain cases. 31. On fding order, cause removed to Supreme Court. 12. Stay of proceeding in Common Pleas on application to Supremo Court. 13. Duty of the C!erk of Common Picas in relation to drawing jury, &.c. 14. Powers of the first Judge at chambers. 15. Powers under tlie act of March 30, 1821, and fees. In N.York, com 1. § 22. Tlic fipst iudf]rc of tliG countv courts of the citv and pleaB how held. . r tv- ^r i i i , i i i " county 01 j\ew- York, and the mayor, recorder, and aldermen of the said city, shall be judges of the oourt of common pleas of the said city and county. (98) ^,, Ibid, 2. § 23. The said court of common pleas may also be held by the first judge, the mayor or recorder, either alone, or with one or more of the other judges; but it shall be the special duty of the first judge to hold the said court. (98) Terms of Uie 3. § 2G. Tlic court of common pleas for the city and county court. &c. ^^ New- York, shall be held on the third Monday of every month. The several terms shall be called after the dilier- ent months of the year in which they are respectively held. Writs of inquiry issuing out of the said court, may be tested and made returnable the second week of the said term. (100) Revised Statutes, Vol. 2, p. 615. costr. 5. § 14. All the provisions of law respecting the recovery of costs in the courts of common pleas, shall extend to the court of common pleas of the city and county of New- York. (98) Laws of 1821, p. 64, "« ^^ii. bail in suits pending therein, and to be given to the sheriff in such cases before an attachment can issue against him ; also the time to be allowed for any pleading in such suits, * The Court of Common Pleas was established by an ordinant* of the Rovernor and Council, May 15, 1GU9. — Smith's History of New- York, p. 31.75. The ordinnnf^e may be seen in the Revised Lawa of 1813, vol. 2, p. 10, App. The jurisdiction of the court is Riven, and its session is limited to two days, and no longer. The charter of the city, dated the 2M of April, 1G80, grants to the corporation a Mayor's Court or Court of Common Pl^as, to be held on every Tuesday of every week for ever, before the Mayor, Recorder, and Aldermen, or any three of them, whereof the Recorder to be one. By an act passed 11th of October, 1709, V. S, vol. 1, p. 78, provision is made to prevent the removal of actions of twenty pounds from the Maj'or's Court of New-York. By the second charter of the city, power is granted to the Mayor, Aldermen, and Common- alty of the city of New- York to hold a court of record within the said city, before the Mayor, his deputy, or the Recorder, or any three or more Aldermen, or any four or more of them, whereof the Mayor, or his deputy, or the Recorder to be one, of all actions real, personal, and mixed, arising within the city and county, and to be governed by the laws of England and this colony. These charters are confirmed by an act (passed the 14th of April, 1732, V. S. vol. 1, p. 169,) entitled " an act coniirming unto the city of New York its rights and pri- vileges. The terms of this court were exten(ieviio*o di erned under the direction of the corporation of the city of York!" '" New- York, in the same manner, as near as may be, as con- victs in the state prisons. 136 CONVICTS INSANE AND UNDER AGE. CORPORATION AUTHORIZED TO REMOVE, &C. AN ACT relative to the imprisonment within the city and coun 'ty of New-York, of Female Convicts adjudged to he confinei in the state prison. Passed April 23, 1829, chap. 220, p. 347. 4. § 1 . The mayor, aldermen and commonalty of the cit; of New- York, may remove from the prison formerly know: as the state prison at Greenwich, to such other prison o place of safe confinement within the city and county of Ne\\ York as they may designate, to be first approved under thei hands, by the commissioners for building a new. state priso at Mount Pleasant ; and may thereafter support, confine, go\ em and employ at such other prison or place, all femal convicts now supported, confined, governed and employee or who may hereafter be received for such purpose by then under and by virtue of any contract made in behalf of th state with them, in pursuance of the act, entitled " An ac respecting the state prison, and concerning the penitentiar in the city of New- York," passed April 12, 1828, by th commissioners therein mentioned. 5. § 2. Such contract shall not be impaired or affected b; this act, or by any thing to be done in pursuance thereof but the terms and conditions thereof shall apply to the im prisonment of such female convicts in such other prison o place of confinement, in like manner as the same has hereto fore applied to the imprisonment, of such convicts in the sail prison at Greenwich. COJ^VICTS. INSANE AND UNDER AGE. Revised Statutes, Vol. 2, p. 769, 1. May be taken to the Lunatic Asyluni> New- York. 2. When to be returned to prison. 3. Expenses, how defrayed. 4. Convicts under seventeen years of age, to be sent to the House of Refuge, 5. Expense, how paid. 6. To be raised by tax. 1. § 72. Whenever the physician of any state prison shali duly report to the keeper of such prison that any convict con- CONVICTS— INSANE AND UNDER AGE, 137 fined therein is insane, it shall be the duty of such keeper, un- der the direction of the inspectors, to cause such insane con- vict to be removed to the lunatic asylum in the city of New- York, if a reasonable contract can be made with the mana- gers thereof, for the maintenance of such convict, until the ex- piration of the term for which he shall have been sentenced, if he shall so long continue insane. 2. § 73. If such insane person shall recover from his in- tuJIedto wlin!' sanity before the expiration of the term for \yhich he was sentenced, the agent of the prison from which he was sent, shall cause such convict to be returned to such prison. 3. § 74. The expense of removing such convict, and of ^^^^^^^ i^o^ maintaining him in the said lunatic asylum, as above pro- vided, shall be paid by the agent of the prison from which he was sent, out of any money belonging to the state. UXDER THE AGE OF SEVENTEEN YEARS. AN ACT concerning Convicts under the age of seventeen years, and for other purposes. Passed April 16, 1830. Chap. 181, p. 205. 4. § 1. The person administering]^ the i^overnment of this ?''' '^^ ^f'"^ to the ■* , ^ . . house of refuge, state, is hereby empov/ered to direct the agent of either of the. state prisons of tliis state, whenever the inspectors thereof shall recommend the same, to convey any convicts who shall be under the age of seventeen years, to the house of refuge in the city of New- York ; and they shall there be confined according to the rules aitJ regulations of said house of refuge ; the expenses of such removal shall be the same as allowed to sheriffs for like services, and a charge upon such prison, as part of its ordinaiy expanses to be certified by the in- spectors. 5. § 2. The expenses of such removal shall be first paid ^'^^Ip^^ ^^^ out of any funds of the prison for general support, to be cer- tified by the inspectors : and it shall also be the duty of said inspectors and agent to make out ^ certificate of said ex- penses, and forward the same to the sherili' of the count v where such convict or convicts were sentenced, whose duty 18 138 CORONER. it shall be to present the same to the board of supervisors of said county, at their first annOial meeting thereafter. To be raised by Q^ ^ 3^ The board of supervisors shall raise the said amount Us other county charges ; and the treasurer of said county shall, within ten days after receiving the same, remit the said amount to the agent of said prison. €ORO:\ER. Revised tStatuteSj Vol, 2, p. 742. OF CORO.NERS' Ix\QU£STS. 1. Cases in whicli coroner is to summon jury of inquiry. 2. When and how jury to be sworn. 3. &. 4. Witnesses how compelled to attend ; some surgeon to be called. 5. Inquisition by jury liow to be made ; its contents. 6. & 7. Proceedings by coroner if any offence be found. 8. Testimony of witnesses to be written and transmitted to court. w'lonjurytobc § 1. Wheucver any coroner shall receive notice that any summoned. •< ./ ./ person has been slain, or has suddenly died, or has been dan- gerously wounded, it shall be the duty of such coroner to go to the place where such person shall be, and forthwith to summon not less than sixteen, nor more than twenty-three persons, qualified by law to serve as jurors, and not exempt from such service, to appear before such coroner forthwith, at such place as he shall appoint, to make inquisition con- cerning such death or wounding. (47) BweariDg jury. § ^' Whenever twelve or more of the jury shall appear, they shall be sworn by the corqper, to inquire how and in what manner, and when and where, such person came to his death, or was wounded, (as the case may be,) and who such person was, and into all the circumstances attending such death or wounding ; and to make a true inquisition, accord- ing to tlic evidence offered to them, or arising from the in- spection of the body. iV,} 1 R. L. I). 100, etclJoii 1. ODROXER. ' 139 § 3. The coroner sliall^ have power to issue subpoenas for ^^i"neE^^°' witnesses, returnable, either forthwith or at such time and place as he shall appoint therein ; and it shall be the duty of the coroner to cause some surgeon or physician to be subpoe- naed to appear as a witness upon the taking of such inquest. § 4. Every person served with any such subpoena shall be How enforced, liable to the same penalties for disobedience thereto, and his attendance may be enforced in like manner as upon subpoenas issued in justices' courts. § 5. The jury upon the inspection of the body of the person inquisition of dead, or wounded, and after hearing the testimony, shall de- liver to the coroner their inquisition in writing, to be signed • by them, in which they shall find and certify how and in what manner, and when and where, the person so dead or wound- ed, came to his death or was wounded, (as the case may be,) and who such person was ; and all the circumstances attend- ing such death or wounding, and who were guilty thereof, either as principal or accessary, and in what manner. (48) § G. If the iurv find that any murder, manslaughter, or as- Proceedings of ' J » *' ' o ' coroner. sault has been committed, the coroner shall bind over the witnesses to appear and teslify at the next criminal court, at which an indictment for such offence can be found, that shall be held in the county. And in such case, if the party charg- ed with any such offence be not in custody, the coroner shall have power to issue process for his apprehension, in the same manner as justices of the peace. §•7. The coroner issuing such process shall have the same ibid. ] power to examine the defendant, as is possessed by a justice of the peace ; and shall in all respacts proceed in like manner. § 8. The testimony of all witnesses examined befcn!# a Testimony of coroner's jury shall be reduced to writing by the CORPORATION. ^ 143 action of debt in any court of record, from the persons res- deSt' ^^' *'''''" °^ pectively on whose account the same shall have been incur- red, their respective heirs, executors or administrators, in all which actions they shall also recover lawful interest upon the said amount, with full costs of suit. ^ , r--, , . Such expense? a 6 A CCLXXI. And be it further enacted, That the amount lien on property assessed. of every such expense, which the said mayor, aldermen and commonalty, shall pay as aforesaid, on account of others, shall be a real incumbrance upon tlie houses and lots in res- pect to w^hich such assessments as aforesaid shaU have been made, and shall bear lawful interest until paid, and that the ' same maybe recovered, or the payment thereof, with costs, enforced in like manner as if the said houses and lots were mortgaged to the said mayor, aldermen and commonalty, for the payment thereof. 7. § CCLXXII. Aiidbe it further enacted, That the mayor, ^^^';,"j;,';;|/JJ'",;** aldermen and commonalty, of the city of New- York, in com- Eg^^aieoTaJ^ mon council convened, shall have full power and authority to ticics ou Sunday. make and pass such by-laws - and ordinances as they shall from time to time deem necessary and proper to regulate or to prohibit the purchase, sale, and exposure to ^e of any goods, wares or merchandise, fruits, herbs, liquors, meats, fish, or any other article or thing within the said city, on the first day of the week, called Sunday, except fresji fish, w^hich may be sold prior to nine o'clock in the forenoon ; and also, to prohibit and suppress all gaming hoyses and places for suppiepsinggam- ffamincr in the said citv, and also to regulate the butchers K.'Ruiaiing . I . 1 • 1 - , .1 . , . 1 /' butchers.* m the said city, and to prohibit and restram them irom car- rying on their business at any other times or places, than such as may be designated for that purpose by the said com- mon council, and to prohibit and restrain all and every person or persons, other than licensed butchers, from carrying on the business or calling of a butcher, or any branch or part thereof, in the said city ; and also to re ovulate hackney Regulating hack- . , , 1 1 • 1 ney-coaches. coaches or carnages, and the ow^ners and drivers thereof, and their rates of fare or carriage, requiring the owuers of such hackney coaches or carriages, to have a license from the mayor of the said city, for tho time being, under the di- rections of the common council of the said city ; and every owner of a hackney-coach or carriage, or hackney-coaches 144 CORPORATION. or carriages, who shall obtam such license, shall pay there- for a sum to be determined by the said common council, not exceeding five dollars for each hackney-coach or carriage, which sums shall be applied towards the support of the poor of the said city. Taxing and de- 8. § CCIiXXIII. And be it further enacted, That the said strojing ogs. j-j^j^y^j,^ aldemicn and commonalty, in common council con- vened, shall also have power and authority to make by-laws and ordinances, relative to the taxing and destroying of dogs Sweeping of wltliiu the said' city ; and also relative to the sweeping of cJiiianeys. , . , . it-' i o chimneys, appomtmg and licensmg a proper person or per- sons to superintend the same, and generally to do whatever may be deemed by them necessary and proper in the premi- ses : Provided, Such ordinances be not repugnant to the con- stitution or laws of this state, or the United States. And for the more effectual and perfect execution of the laws and ordinances of the said mayor, aldermen and com- monalty, Tommon ronncii 9. § CCLXXIV. And he it fui^thcr enacted. That in all iiiav inii)OHe pen- , . .■,,"(,.■,. -in i ahiVs for breach cascs, HOt otlicrwise providcd lor m this act, It shall and may be lawfuffor the said mayor, aldermen and commonaltv, in common council convened, from time to time, to impose pen- alties for the non-observance of the same, not exceedinfl: two hundred and fifty dollars, and in all cases to direct, that such And direct part part of aiiv penalty as they shall think proper, shall be paid to be paid to in- ^ ' <, * i i i lormer and applied to the use of the person or persons who shall af- ford such information as to enable them to prosecute the of- fender or offenders to conviction: And further. That al- laws and ordinances of the said mayor, aldermen and com- monalty, in common council convened, may remain and con- By laws to re- tiuuc lu forcc for and during the period of three years from yeail/'^ " ^ the passiug thereof, unless the same shall be repealed by the said common council, or enacted for a shorter period, a;id shall always Ije renewable at the pleasure of the said mayor, aldermen and commonalty, in common council convened: Provided, That any ordinance or part of an ordinance, pass- CORPORATION. 145 ed in pursuance of the powers here granted, may at any time be repealed by the legislature.* CHAP. CLVIII. AN ACT relative to Boring the Earth for Water in the City of New-York. Passed April 18, 1831. p 197. The People of the State of New-York^ represented in Senate and Assembly, do enact as follows : § 1. It shall be lawful for the mayor, aldermen and com- monalty of the city of New- York, in common council con- * By the charter of the city of IGSC, power is given to the mayor, aldermen and coramotl- alty to lay out streets, declaring they gliall have full power, license and authority to establish, appoint, order and direct the establisliiiig, making, laying out, ordering, amending and re- pairing all streets, lanes, alleys, highways, watercourses, ferries and bridges in and through- out the said city of New- York. Notwithstanding the apparent fullness of this power, va- rious enactments have been made by the Provincial Assembly and by the legislature of the state since the organization of the government granting to the corporation additional pow- ers, or in supplying defects in, or confirming those already possessed. So early as October 1, 1691, V. S. vol. 1, p. 8, an act was passed by the Provincial Assembly, entitled an " Ac^ for the regulating the buildings, streets, lanes, wharves, docks and alleys, of the city of New- York." The preamble to the act recites " For as much as the city of New- York, the me- tropolis of this province, was chiefly erected by the inhabitants thereof, for the propaga- ting and encouragement of trade and commerce, and for the good, benefit and welfare of their majesty's subjects inhabiting within this province ; and for as much as it is very ne- ^ cessary for traffic and commerce that buildings, streets, lanes, wharvee, docks and alleys of .the said city be conveniently regulated with uniformity for the accommodation of habitsr tions, shipping, trade and commerce, and tiiat all impediments and obstructions that may retard so necessary a work, may be removed." The act empowers the corporation to ap- point surveyors of buildings, streets, &;c. and in laying out streets in future, to take a»y per- son's ground, and ou their refusing to treat for the price, may summon a jury to assess the damages. An act was passed 4tli of May, 1754, V. S. vol. 1, p. 339, entitled an act to enable and em- power the mayor, aldermen and commonalty of the city of New-York, and their succes- .sors, to prevent and remove particular nuisances within the same to the southward of fresh water. This act empowered the corporation to inclose vacant lots by fences which had! become nuisances, and to lease them out, &c. and to retain possession of them until all ex- penses were paid to them. This act, has been said , was found to be a most salutary law in promoting the improvements in the upper part of the city. Soon after the organization of our present government an act was passed 16th of April, 1778, Greenleaf, vol. 1. p. 441, entitled an act for the regulating buildings, streets, wharves and slips in the city of New- York. It authorizes the common council to make by-laws for regulating buildings, streets, wharves and slips, and to direct the making common sewers, drains and vaults, paving the streets and altering, amending and cleansing the same. This act has been followed by numerous others which have been passed, as the wants of the city required, or the occasion called for. It has been the practice for the corporation to resort to the aid of lecrislatirc powers even whsre they have possessed them by charter, where the private rights of individuals are concerned, and accordingly we find scattered through our statute book numerous enactments in relation to opening, enlarging, extending, &c. streets, filling up and regulating grounds, lots, yards. &;c. regulating buildings, wharves and slips, as may be seen in the list of acts in this volume 19 146 COURTS. vened, whenever they shall deem it expedient, to cause the earth to be bored ibr the purpose pf obtaining water, in any street, road or public highway in the said city, and to order the same to be done accordingly, in such manner and at such place or places in the said city as they shall think most ad- visable ; and the expense thereof, and of pumps and other fixtures connected therewith, shall be estimated and assess- ed among the owners or occupants of the houses and lots of ground intended to be benefited thereby, and shall be collect- ed in like manner as is now authorized by law with respect to public wells and pumps and cisterns in the said city. COSTS, IN SUITS BROUGHT IN THE NAME OF THE PEOPLE. AN ACT concerning costs in certain suits brought in the ' name of the People. Passed April 24, 1832, chap. 246. p. 436. Costs in suits § 3. In all suits which may be commenced after this act n'Sefthl"statS takes effect, in the name of the people of this state, where the debt, damages or sum of money incontroversy, if recovered, will not belong to the treasury of this state, the cost of pro- secuting suit, or defending where the defendant succeeds in his defence, shall not be a charge against the state treasury ; but such costs, if the suit shall be brought for a debt, damages or sum of money, or where the matter in controversy, if re- covered, will belong to any particular county, city, town or village, shall be a charge against such county, city, town or village. COURTS - Circuit. Revised Statutes, Vol 2, p. 201. 1. Four circuit courts each year in New- York. 2. By whom and how often adjourned. 3. Sittings in Xcw-York, by whom ordered. 4. Clerk of. 1. § 4. There shall be held in each year, at least two circuit courts and courts of oyer and terminer and jail de- livery, in each of the counties of this state, separately or- ganized, and in the city and county of New-York there shall be at least four such courts in each year.(l) (1) Laws of 1823, p. 208, ^ 5. COURTS. 147 % § 11. Any circuit held in and for the city and county of New- York, may be continued by adjournment to such time as the court shall, by rule to be entered in its minutes, direct ; and such adjourned circuit may be held and continued by further adjournment as often as the circuit judge of the first circuit shall think fit, and causes may be noticed for trial, and tried thereat in like manner as at a stated circuit. (2) 3. § 26. Either of the justices of the supreme court sittings in New may, in the May term thereof, or during any vacation of that court, on such days as the court shall by an order appoint for that purpose, try all issues which could be tried in the circuit court, for the city and county of New- York, and exercise all the powers of such court ; and such sittings maybe held for as many days as the judge holding the same shall think necessary. 4. § 45. The clerk of the supreme court residing in the city of New-\ork, shall be clerk of the sittings and cir- cuit courts held in and for the city and county of New- York. (84) COURT, FOR THE CORRECTION OF ERRORS. CHAP. CCCVIII. AN ACT concerning the Court for the Correction of Errors, Passed April 26, 18.32. p 528. The People of the State of New-York, represented in Senate and Assemblij, do enact as follows: § 1. The court for the correction of errors may hold the terms thereof which shall be held in the interim in the ses- sions of the legislature, either in the city hall of the city of New- York, or the capitol in the city of Albany, or at the academy in the city of Utica, as the court shall from time time order. § 2. This act shall continue and be in force for the term of two years. (2)Law3 of 1823, p. 209, ^ 5. (84) lb. p. 426. 148 COURTS. COURT^, CRIMINAL, IN NEW- YORK, EXTENSION OF JURISDICTION OF. Revised Statutes, Vol, 2, p. 745. Jurisdiction of ^ 22. The whole of the Hudson river southward of the enminal couita 3 in New- York, northern boundary of the city of New- York, and the whole of the bay between Staten-Island and Long-Island, shall so far be deemed within the jurisdiction of the city and county of New- York, that all offences shall be cognizable in the courts of criminal jurisdiction held in and for the said city and county. COURTS, CRIMINAL, IN NEW-YORK, PROCEEDINGS IN. 1. Time for drawing grand jury. 2. Clerk of tlie Court of General SesBions to appoint a deputy. 3. Clerk of Special Sessit)ns, and duties of. 4. Transcript of conviction and sentence. 5. Fines. 6. Transcripts not to be filed. 7. Common Council may designate common jails. 8. Courts where to be held. 9. Assistant justices' powers not impaired. 10. The application of certain sections of the law. 11. Repealing section. 12. Common Council may assign other places than City Ilall for holding certain courts. AN ACT in relation to certain proceedings in Criminal Cases in the City of New-York, and concerning certain Courts therein. Passed February 2{>, 18.30. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. A grand juiy, to serve at the ensuing March term of the general sessions of the peace in and for the city and county of New- York, may be drawn on any day of the w^eek preceding the commencement of the said term, or during the first week of the said term ; and may be summoned by a notice, to be served two days previously, to attend on any day of the said term. COURTS. 149 1. § 2. The time for drawing a grand jury, to serve at any Jg^'g^^Sjjirr term of the said court after the said March term, shall be at the time of drawing the names of jurors for the trial of issues of fact in said court ; and all the existing provisions of the Revised Statutes in relation to grand juries, the return and summoning of the jurors, their powers, duties, and Habilities for neglect, are declared to be applicable to the grand jurors so to be drawn for the said March term, or any subsequent term of the said court, except as' herein otherwise specially directed. 2. § 3. The clerk of the court of oyer and terminer and S'SppoVtlraT general sessions of the peace in and for the city and county p"^*'* of New- York, may appoint some proper person as deputy, to hold his office during the pleasure of the clerk ; who, when- ever the said clerk shall be absent from the city, or by rea- son of sickness or any other cause, shall be incapable of per- forming the duties of his office, may perform all the duties required bylaw to be done by such clerk; which deputy shall, before he enters on the duties of his office, take the oath of office prescribed in the constitution of this state ; and as often as such deputy shall die, resign, or be removed from office, or become incapable of executing the duties of the office, another may be appointed in his place : Every such appointment shall be in writing, under the hand of the clerk, and shall b« filed in his office. 3. § 4. The clerk of the court of general sessions of the ciork of apecjai seBsions. peace of the city and county of New- York, shall be the clerk of the special sessions in the said city and county, whose duty it shall be to enter all the proceedings of the said court, and the sentences on all convictions had therein, in full, in a book of minutes to be by him kept for that purpose, and to admi- nister the oath or affirmation required by law to be adminis- tered in the said court. 4. § 5. Whenever sentence shall be pronounced upon anv Transcript of ^ ^ •' conviction and person convicted oi any onencc in the said court of special sentence, sessions, the clerk thereof shall, as soon may be, make out and deliver to the sheriff of the said city and county, or his deputy, a transcript of the entry of such conviction in the minutes of the said court, and of the sentence thereupon, duly 150 COURTS. certified by the said clerk; which shall be sufficient authority to such sheriff or deputy to execute such sentence, and he shall execute the same accordingly. Fines. 5. § 6. All fiucs imposcd by the said court shall be receiv- ed by the sherifT of the said city and county, who shall, within thirty days after the receipt thereof, pay the same to the trea- surer of the said city, in the same manner and under the same requirements, as fines received by the said sheriff that are im- posed by the general sessions of the said city and county. Transcripts not 6. § 7. Trauscripts of couvictious had in the said court, shall not be required to be certified by the magistrates holding the said court, or filed ; but a duly certified copy of any such conviction, made by the clerk of the said court, shall be evi- dence in all courts and places, of the facts contained therein. Common jails. 7. § 8. The commou council may, by ordinance, from time to time, designate any building or buildings within the said city and county, to be the common jails of said city and county, for all the purposes for which common jails may by law be used ; . and such building or buildings so designated shall be such common jails, until changed by an ordinance of said common council. Courts where to 8. § 9. It shall bc lawful for the said common council, by beheld. , ^ J ordinance, to provide, from time to time, as the public con- venience may require, that the circuit court and courts of oyer and terminer and jail delivery, and general and special sessions, to be held in and for said city and county, shall be held either at the city-hall of said city, or at the building in said city known as the sessions-hall ; and unless otherwise provided by such ordinance, it shall be lawful for the said courts, respectively, by orders to be entered in their minutes from time to time, to direct the holding of their several courts at either of the said places. Assistant justices 9. § 10. Nothing contained in the Revised Statutes shall be construed to impair the powers and jurisdiction possessed by the assistant justices' courts in the city of New- York, be- fore the enactment of the said statutes ; and in every action pending in any such court, the justice shall have the same COURTS. ' 151 power to grant an adjournment, on the application of the plaintiff, as by law he has and may do on the application of the defendant. 10. § 11. The provisions of the one hundred and forty- ^'^' third section of title fourth of chapter second of the third part of the Revised Statutes, shall apply to any recovery had be- fore any assistant justices' court in the city of New-York, for any penalty given to the mayor, aldermen and common- alty, or overseers of the poor of said city, and incurred under any law of the state or ordinance of the said city ; and the certificate and endorsement required by the said section shall be made either by the justice or clerk of such court. 11. § 12. All statutes or parts of statutes heretofore enact- Repeal, &c. ed, so far as the same are inconsistent with or repugnant to the provisions of this act, are hereby repealed ; and this act shall take effect and be in force at and immediately after the passage thereof. CHAP. CXXXII. 1. Common Council authorized to assign other places than the City Hall for holding certain courts in. AN ACT in relation to the Criminal Courts in the City of New-York. Passed April 14,1829. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : - 12. § 1. It shall and may be lawful for the common coun- common coimca cil of the city of New-York, to assign such place in the said sign other places I , I .^. --r ,, , than the city hall City, Other than the City-iiall, as may to them seem most for holding cer- conducive to the pubhc convenience, for the holding of the courts of general sessions, of special sessions, and of oyer and tenniner and jail delivery, to be held in and for the said city and county ; Provided, That such alteration of the place of holding said courts shall, before the same takes effect, be notified in one or more of the public newspapers printed in the said city, for the period of not less than four weeks. tain court* lo. 152 COURTS. V COURTS OF RECORD, REMOVAL OF. \ Revised Statutes, Vol 2, p. 290, 291. MISCELLANEOUS PROVISIONS CONCERNING COURTS OF RECORDr , 89. Places of holding courts in New-York, how changed. 90. Proclamation to be published. 91. Process to be returned, &c. at place so appointed. 92. Such courts how adjourned for want of quorunu 93. When courts may be held at other places than court house. 94. Such place to be deemed court house. ' 95. Spirituous liquors not to be sold in court house, 96. Penalty for violating last section. How directed in § 89. The mavor of the city of New-York, or in his ab- New-York. j » j ' sence, the recorder thereof, may, by proclamation under his hand and seal, direct that the term of any court appointed to be held in the city hall of that city, shall be held in any place or places within the city and county of New- York, other than the city hall, whenever war, pestilence, or other calamity, or the destruction or injury of the city hall, shall render it necessary that some other place should be se- .lected.(24) Ibid. § 90. Every such proclamation shall be published in two or more daily papers printed in the cit}^ of New- York. (24) Term of procesr. § 91. Whenever such temi or session shall be held at any place so appointed by the governor, or by the mayor or re- corder of the city of New- York, all process shall be return- ed, and all persons shall be held to appear at such place, as if such term or session was held at the place where by law the same was to have been held. (25) ^Adjournment of § 92. lu casc aiiy coui't shall not be formed at the place so appointed, by five o'clock in the afternoon of the first day of the term or session, the same may be adjourned to the next day by the same officer, and in like manner with the same effect, as provided by law, in case the place of holding such court had not been altered. (25) (24) Revised Laws, vol. 2, p. 504, ^ 12. (25) Ibid, COURTS. 153 § 93. Whenever the court house, or place of holding ^"e «f holding courts in any county of this state, shall be destroyed by fire l^^J\^^^y^ ^^l' or other means, or shall, from any cause, be unsafe, incon- ^^^ venient, or unfit for the holding of any court, the judges of the county courts of such county may appoint some other convenient building in the vicinity of that, where the court is required to be held by law as a temporary place for hold- ing such court. (26) § 94. The place so appointed shall be deemed the court house of the county for the time being ; and all business which shall be transacted at such place, shall be as valid as if the same was done at the usual and customary place. (20) § 95. No spirituous liquor shall, on any pretence what- spirituous nqaor ever, be sold within any building established as a court counhouse° house for the holding of courts of record, while any such court, or any circuit court, shall be sitting therein ; except in such part of such building not appropriated to the use ot courts, or of juries attending them, in which such sale shall have been authorized by a resolution of the board of supervi- sors of the county. § 96. Every person violating the provisions of the last sec- Penarty. tion shall be deemed guilty of a misdemeanor. Revised Statutes, Vol, 2, p. 281, § 33. § 33. The judges of the superior court of law in the city judges of supe- of New- York, shall, by virtue of their respective offices, be Sew-York!" supreme court commissioners, and shall be authorized and required to perform all the duties herein conferred on such commissioners, subject to all the preceding provisions of this Title, except that they shall not have power to stay any proceedings in any cause or matter pending in the su- preme court, or on any process issued out of that court. (26) Revised Laws, vol. 2, p. l-fC, $ 5. 20 Ii4 COURTS. COURTS OF GENERAL SESSIONS. Revised Statutes, Vol. 2, p. 214. Sec. 1. Court of General Sessions by whom held. 2 Duty of Recorder. 3. Power of General Sessions. 4. Aldermen to attend. 5. Terms of the court. General sessions 1. § 27. The first judge of the couiity courts of the city and county of New- York, and the mayor, recorder and al- dermen of the said city, or any three of them, of whom the said first judge, mayor or recorder shall always be one, shall have power to hold courts of general sessions in and for the said city and county of New- York. (100) Duty of recorder. 2. § 28. It shall be the special duty of the recorder of the city of New-York, to hold the said court of general ses- sions.(lOO) Powers of gene- ^' § ^^' The said court of general sessions, shall possess rai sessions. ^^le like powers as the courts of general sessions for thex)ther counties in this state, and in addition thereto, shall have power, when the said first judge shall preside, to hear, try and determine any indictment for any crime punishable by imprisonment for life. The court shall also have the same power, when the mayor or recorder presiding shall be of the degree of counsellor in the supreme court of this state, of at least three years' standing. (100) Aldermen to at- 4. § 30. It shall be the duty of two of the aldermen of the *^"*'' city of New- York, to attend as judges of the said court, when notified or required for that purpose, by the mayor or re- corder; and the common council may provide a suitable compensation for their attendance. (101) Terms of court. 5. § 31. The Said court of general sessions shall commence and be held on the first Monday in every month, and may continue and be held every day, from tlie commencement (100) Laws of 1821, p. 65, $ 5, 6, 7 & 11, and 2 R. L. 503, \S 9. (101) 2 Rev. L . p. 503, § 8. COURTS. 155 thereof, until and including Saturday, in the third week there- after.*(101) COURTS OP SPECIAL SESSIONS OF THE PEACE. Revised Statutes, Vol, 2, p. 714. ARTICLE SECOND. Of Trials before Courts of Special Sessions in the City and County of New-York. Sec, 22, 23. When and Avhat accusations court may try. 24. Persons who are to compose the court. 25. Proceedings how to be conducted. 26. 27, 28. Rij^ht^of appeal, 'proceedings thereon. 29. Powers of general sessions on appeal. 30. Minutes of trials, &,c. to be kept by police clerk. § 22. Whenever any person charged with having commit- Power of court ted petit larceny, or any assault and battery, not riotously, prisoneT'"^" ° shall, upon his examination before any police justice in the city of New- York, be required to enter into a~recognizance, with sureties to appear at the proper court to answer such charge, and shall at any time demand to be tried by the court of special sessions in the city of New- York, such court shall proceed to hear and determine upon such accusation. (12) § 23. If the person charged with any offence specified in ib whenheomitf ^ i- ^ ''^ ^ to give bail. the last section, shall not require to be tried as therein pro- * Courts of General Sessions of ths Poace were established in tlie Province of New-York as early as the yenr 1C83. And further provision was made by an ordinance of the Gover- nor and Council, May 15, 1699. See the act ortablishing tlie court, cn'.itled an act to settle courts of justice., in the RcvLscd Laws of 1813, vol. 2, p. 8 and 11, App. and also the ordi- nance in the same vol. p. 12, App. Tiie court is directed to be hold for the city and county of New- York upon the first Tuesday of May, the first Tuesday of August, the fiist^'uesday of November, and the first Tuesday of February, annually, and to continue two days, and no longer. By the charter of the city, dated Januaiy 15, 1730, the mayor, deputy mayor, re- corder, and aldermen are assigned justices of the peace, and they, or any four or more, (whereof the mayor, deputy mayor, or recorder to be one,) may hold the court of general sessions, and the terms of the court are extended from two to four days. The tune of hold- ing the court was further extended by an act passed February 5, 1787, J. & V. vol. 2, p. 16 ; by that act it is enacted, that the court of general sessions of the peace in and for the city and county of New-York, shall bo held on the first Tuesday of February, May, August, and November, in every year, each of which sessions of the peace may last, continue, and be held until the several Tuesdays next following incUisive. And as the city increased in opulence and number of inhabitants, tlie terms of this court were successively ertcndcd^nnd the terms were directed to be held monA///w, and to continue two weeks; and finally the multiplication of business has extended the monthly terms to three weeks. ( 101) 2 Rev. Laws, p. .503, ^ 8. (12) 2 R. L. p. 507, ^ 4. 156 COURTS. vided, and shall not within twenty-four hours after being committed on such charge, enter into a recognizance, w^ith sureties, to appear at the next court of general sessions to be held in the said city and county, and answer to such charge, the said court of special sessions may proceed to hear and determine upon such accusation. (13) Officers to form § 24. Any three judges of the court of common pleas for e court. ^^^ ^.^^ ^^^^ county of Ncw- York, of whom the first judge of said court, the mayor or recorder of said city, shall always be one, shall hold a court of special sessions in said city, un- der the provisions of this Article, at such times as the com- mon council of said city shall direct ; and it shall be the duty of the said recorder to preside therein, except when actually engaged in the court of general sessions. And the common council of said city shall, from time to time, designate alder- men to assist in such court. Froetediags. § 25. In hearing and determining any accusation accord- ing to the preceding provisions, the said court shall proceed in all respects as provided in the first Article of this Title, except as to the summoning of a jury; and shall, upon con- viction of the oftcnder, sentence him to the punishment pre- scribed bv law. Right of appeal, § 26. Any pcrsou tried and sentenced according to the provisions of this Article, without having demanded such trial, may appeal from such sentence to the court of general ses- sions of the city and county of New- York. When to te made. § 27. Such appeal must be- made at the time sentence is pronounced ; and thereupon such conviction shall be void. Proceedinga thereon. § 28. The said court shall enter such appeal in its mi- nutes ; and shall proceed in the same manner as if no such trial had been had, to take a recognizance from the accused, with sufficient surety, to appear at the general sessions of the said city and county, or in default of giving such recog- nizance, shall commit him to prison ; and shall take the same measures to insure the attendance of the witnesses in behalf (13) 2 Rev. Law3, p. 507 COURTS. 157 of the prosecution, at the said court of general sessions, as in other cases. § 29. The court of general sessions shall proceed in every ibjd. such case, by indictment and other proceedings, in the same manner as if no such trial or conviction had been had. § 30. Every trial and conviction had and made by the said ^/S '"^"**' court of special sessions, pursuant to the provisions of this Article, with the proceedings previous thereto, shall be en- tered in the book of minutes, to be kept by one of the clerks of the police office, who shall have been required to attend the said court. Revised Statutes, Vol. 2, ]). 223. TITLE IT. OP THE COURTS OF SPECIAL SESSIONS OF THE PEACE. 1. By whom such courts may be held in New- York. 2. Sheriffs to execute judgintnts, &c. ; how autlienticated. § 1. Courts of special sessions of the peace mav be held, in ,^y «'hom to be ^ ^ f . ' held miN. York. and for the city and county of New- York, by any three judges of the court of common pleas of the said city and county, of whom the first judge of said court, the mayor, or recorder of said city, shall always be one, in the cases and for the pur- poses provided by law. (3) § 2. The judgments and orders of the said court shall be howexSed*"*^' executed by the sheriff of the said city and county, by virtue of a warrant under the hand and seal of the first judge, mayor> or recorder, who presided, or of the persons who formed such court. (4)* (3) Rev. Laws, vol. 2, p. 504, sect. 13, p. 354, sect. 41, p. 503, sect. 8. (4) Revised / Laws, vol. 2, p. 505, section 14. * Courts of Special Sessions w«re first organized by an act passed the 1st of September 1744, V. S. vol. 1, p. 241: the act recites, that whereas not only several disorderly persons in- habiting in the city of New- York, but many vagrant and idle persons passing through the same, from the neighboring counties and colonies, have often committed divers misdemean- ours, breaches of the peace, and other criminal offences, under the degree of grand larceny, who not being able to procure bail, to appear at the General Quarter Sessions of the Peace, 158 COURTS. COURTS— SUPERIOR. 1. Superior Court established. 2. Justices of, to be appointed by the governor. 3. Terms of, to be monthly. 4. Adjournments. 5. Trial of causes and argument of motions. 6. Salaries of Judges. 8, 9. Seal and clerk. 10. Forms of process. , 11, 12. Writs, and how tested. 13. Restriction on power of the court. 14. Writs of subpoena. 15. 16, 17. Order for removal of causes, how and when made. 18. Order to stay proceedings. 19. Writs of error. 20. Fees of clerk. 21. Costs. 22. Judgments to be a lion. 23. Power of justices at chambers^ 24. Writs of certiorari, where and how issued. 25. Place of holding court may be removed. 26. Clerk may adjourn court. 27. Transfer of actions. 28. Special bail. 29. Actions how may be commenced. 30. Hearing non-enumerated motions. 31. Application of certain provisions of revised statutes. 32. Jurors. 33. Act when to take effect. AN ACT for the establishment of a Superior Court of Law in the City of New-York. Passed March 31, 1828, chap. 137, p. 141. Name. 1. § 1. Thcrc shall be, and hereby is established, within the city and county of New-York, a court, to be called and known by the name of'' The Superior Court of the city of New- York;" w^hich court shall consist of a chief justice, and two associate justices. then next to be held for the said city and county, and having no substance of their own, have been a great expense to the inhabitants thereof in maiutaining them in the meanwhile in jail, while at the same time tlicir imprisonments have been a great damage to many of their families, who wanted their labour to support them ; and after all that expense, have often found means to escape their deserved punishment, and declares, that any person or persons who shall commit any otfence under the degree of grand larceny, and shall not within forty- eight hours after commitment give good and sufficient bail for his or their appearance at the • next court of general quarter sessions, it sJiall be lawful for the mayor, deputy maj-or, re- corder, and aldermen, or any three of them, whereof the mayor, deputy mayor, or recorder, to be one, forthwith to hear and determine, and to give judgment against such offender or of- fenders, and may order him to be whipped, or if not an inhabitant may send him out of the city. And by an act passed 24th March, 1601,'Kent and R ad. vol. 1. p. 302., an act was passed authorizing the court of special sessions to try and punish persons guilty of offences under the degree of grand larceny, and to inflict a punishment by fine not exceeding twenty-five dollars, and a confinement not exceeding six months in the house of employment or Bride- well at hard laliour, nr at any other employment, within any part of the said city, &c. This act wap incorporated in the revision of the laws of 1813, vol. 2, p. 507. COURTS. § 2. The said chief justice and the two associate justices, shall be nominated and appointed by the governor, with the consent of the senate ; and all vacancies in the said offices shall, from time to time, be supplied in like manner. The said justices, when appointed, shall hold their offices for the term of five years, and shall be subject to removal in like manner as judges of the county courts. § 3. The said court shall be held at the city-hall of the city of New- York, on the first Monday of every month ; and the terms thereof shall respectively be called after the different months in which they are held, and they may be continued and held from the time of their commencement, every day, Sundays excepted, until and including the last Saturday of the same month. J asticea. Terms. § 4. The judges of the said court may adjourn the same Adjournments on any day previous to the expiration of the term for which the same may be held, and also from any one day in term over to any other day in the same term, if, in their opinion, the business of the court will admit thereof § 5. The said court shall have the power to hear, try, and Actions, determine according to law, all local actions arising within the city and county of New- York, and all transitory actions, although the same may not have arisen therein ; and to grant new trials, in all cases where the said court shall find it ne- cessary or proper. § 6. Either of the judges of the said court may hold the causes and mo- same for the trial of causes, and for the hearing of non-enu- ^'*""' merated motions ; but all cases and points reserved at trials, bills of exceptions and demurrers to evidence, motions in ar- rest of judgment and issues in law, shall be argued or sub- mitted in the said court before a majority of the said judges. § 7. The mayor, aldermen and commonalty of the city of salaries. New-York, shall pay out of the treasury of the said city, to the said chief justice, and to each of the said associate justi- ces, for their services respectively, the sum of not less than two thousand dollars, nor more than four thousand dollars annually, at the discretion of the said mayor, aldermen, and 160 COURTS. commonalty, the same to be paid quarter yearly, in equal proportions ; and when the sajary shall be once fixed, the same shall not be diminished during the residue of the term of office of the said justices. Beai. § 8. The said court shall have a seal, to be devised by the justices thereof, a description of which shall be deposited in the office of the secretary of state, signed by the said jus- tices, or a majority of them ; and such seal shall then be used as the seal of the said court. Clerk. § 9. The said justices shall appoint a clerk, who shall keep his office at the city hall in the city of New- York, and attend the said court, and officiate as clerk thereof. Form of proceM. § 10. The Said court shall be a court of record, and the forms of process and proceedings now in use in suits brought in the court of common pleas for the city and county of New- York, shall be used in the said court hereby established, as near as may be, except that the proper title of the court shall be inserted therein ; and all proceedings in the said court shall be had before the same, in the same manner as they are now had before the said court of common pleas, except when otherwise directed by this act, and subject always to such alterations as may be made therein, by such rules of practice in the said court as the justices thereof may from time to time establish. Writs Teste, § 11. All writs and process issuing out of the said court, shall be under the seal thereof, and signed by the clerk, and shall be tested in the name of tlie chief justice, and shall be made returnable "before the justices of the superior court of the city of New-Y^ork ;" and all proceedings in the said court shall be stated to be before the justices, in manner afore- said ; and all writs directed to the said court, shall be di- rected in like manner to the said justices. § 12. All process issuing out of the said court shall bear teste of one term, and be made returnable on the first day of the term next thereafter ; and no process shall be tested and made returnable during the same term, except writs of inquiry of damages to be executed out of court, process COURTS. -fel to compel the attendance of witnesses, and writs of attach- ment and habeas corpus, which may be issued and made re- turnable on any day in the same term, wiien required. § 13. The said court shall have no power to send any pro- Re«triction». cess into any other county than the city and county of New- York, except in the cases herein after specified. § 14. Writs of subpa3na issuinnr out of the said court, shall Writaof sab- ' ^ o ' ^ poena. be obligatory upon any witness duly serv^ed therewith with- in this state, in like manner as if such writs had been issued out of the supreme court ; and the said court shall have power to enforce obedience to such subpoena by attachment, to be directed to any sherift'or other proper officer of any county in this state, who shall be subject to all the pains and penalties for not serving or returning the same, in like man- ner as if the same had issued out of the supreme court ; and the like process and proceedings may be issued and had thereon in the said court, as are usual in like cases in the su-- preme court, and with like effect. 6 15. No writ of lijibeas corpus or certiorari shall be order for femot- ^ I ^ al of C«U8C8. allow^ed, whereby any cause or proceeding may be removed before a final judgment in such cause, or before a final de- cision in such proceeding, froni the said superior court into the supreme court of this state ; but the supreme court shall have the authority to make an order to remove into the said supreme court, any transitory action pending in the sdd superior court, in which the trial ought to be had elsewhere than in the city and county of New- York. § 16. Such order for the removal of a cause shall be made when and ho# in the supreme court, upon motion, under the like circum- "^^^^' stances and in the like cases in which, if the action w^ere pend- ing in the supreme, court, that court w^ould order the venue to be changed from the city and county of New- York to some other county, and in no other cases. § 17. Upon filing a certified copy of such order in the of- copy of order to fice of the clerk of the superior court, such cause shall be deemed to be removed into the supreme coiu't, which shall proceed therein as if the same had originally been brought 21 IW COURTS. there ; and the clerk of the said i^uperior court shall forthwith deliver to the clerk of the supreme court, all process and proceedings relating to said cause, to be filed in the office of the clerk of the supreme court in the city of New- York. Order to Bieyp»- § 18. Any judge of the supreme court, or any officer au- ***^ "**' thorized to perform the duties of a judge of the supreme court at chambers, shall have power, on due cause shown, to make orders to stay proceedings in any cause pending in the said superior court, for the purpose of affijrding an op- portunity to make the application to the supreme court, for a change of venue aforesaid ; and such order may be revok- ed, in the discretion of the officer granting the same. Wrttt of mor. § 19, All writs of error upon judgments in the »aid su- perior court, shall be made returnable before the supreme court of this state ; and all the provisions of any act con- cerning the examination and correction of the errors of the courts of common pleas, shall apply to the said superior court, and to the judgments and proceedings in the said su- perior court so to be removed by writ of error ; except that in no caseshall a writ of error issue, unless upon a certifi- cate of council, as is or may be provided for by law with respect to the issuing of writs of error on judgments of the supreme court. peweftheeierk. § 20. There shall be paid to the clerk of the court hereby established, at the time of issuing the first writ in every suit commenced in the said court, the sum of seventy-five cents as a first motion fee ; and for every cause noticed for trial at any term of the said court, there shall also be paid to the clerk, by the party noticing such cause for trial, at the time of putting the same on the calendar, the sum of one dollar and fifty cents, as a judge's trial fee, the said fee not to be paid more than once in any cause ; and the above fee shall be received by the clerk of said court, and be by him accounted for and paid into the city treasury. Coati. § 21. All the existing provisions of law, and all such as shall hereafter be adopted relating to costs in the supreme court, and the fees of the officers thereof, and the fees of of- ficers of circuit courts, .shall apply to the court hereby es- tablighed, and its officers. COURTS. IM § 22. Every judgment recovered in the said court hereby luifaMti. established, and docketed of record therein in the manner prescribed by law, shall from the time of such docketing, be a lien upon all the lands and tenements of every person against wrhom such judgment shall have been obtained, situ- ated within the city and county of New- York, and in the same manner, and to the same extent, as if such judgment had been rendered and docketed in the court of common pleas of the city and county of New-York. § 23. The chief justice, and each of the associate justices powtrf of ju»- of the said court, may exercise all the powers and authority incident to their offices at chambers, touching any suit, judg- ment or proceeding in the said court ; and it shall be the duty of at least one of them to attend daily, at all season- able hours, in the office to be provided for them by the said mayor, aldermen and commonalty, for the despatch of cham- ber business ; and the said justices and each of them shall moreover be, and they are hereby authorized to perform all the duties which the justices of the supreme court out of term are authorized to do and perform, by any statute of this state. § 24. All writs of certiorari to the justices of the marine wHuof e«rti». court of the city of New- York, and to the assistant justices '*'^' of the said city, or either of them, shall issue out of the said superior court, and be returnable therein, in the same man- ner, and for the like purposes, as such writs are now issued out of the supreme court of this state, and under the same re- gulations and restrictions as are now prescribed bylaw; and after the return of such writs into the said court, judgment shall be given on an issue joined in the usual form, upon writ- ten arguments of counsel, if the parties shall think fit, or by submission without argument ; and in no such case shall an argument be heard at bar, unless the said court shall, by reason of the importance of the question of law involved therein, direct an argument at bar. And from and after the time when the justices of the said superior court to be ap- pointed under this act, shall enter upon the duties of their of- fice, it shall not be lawful for any writ of certiorari to the jus^ tices of the marine court and assistant justices aforesaid, to issue out of, or to be returnable in the said supreme court of this state. k -164 COURTS. V 4 Place of hoidiiij § 25. In case of the prevalence of any pestilence or pub- court may be re . *■ " ^ ^ moved. he calamity in the city of New- York, or in case any other cause should render it necessary, the mayor, or in his absence or sickness, the recorder of the said city, by proclama- tion under his hand, to be published in two or more of the newspapers -printed in the said city, may direct the holding of the said court by this act established, at such place within the city and county of New- York, other than the city hall, as may be considered most safe and proper for such purpose. Clerk may ad- § 26. In casc Said court shall not be formed at any time, ^ ^^ by reason of the non-attendance of all or any of the jus- tices thereof, either at the usual place of holding the same, or at such other place as shall be directed by the proclama- tion of the mayor or recorder in the cases herein provided for, it shall then be lawful for the clerk of the said court to adjourn the same from day to day, or until the next term, and all process and other proceedings shall be continued over accordingly. tiTS"'^'''^^'^* § 27. The supreme court of this state shall, on the consent of both parties, order and direct that any action or proceed- ing of a civil nature pending in the said supreme court, the venue whereof is laid in the city and county of New- York, and in which no verdict shall have passed, or plea to the merits have been decided, be transferred and continued over to the said superior court hereby established ; and such ac- tion or proceeding shall then be proceeded in with the like effect, and in the same manner, as if originally had or com- menced therein. And the supreme court shall possess all the necessary powers for the removal of all papers and files relating to such action or proceedings to the said superior court ; but nothing herein contained shall be construed to in- validate any bond or recognizance made or entered into in any action that may be so removed, but the same shall con- tinue of as much validity as though this act had not been passed. And where bail has been given in any such suit, the surrender of the defendant in the said superior court shall have the like effect as a surrender in the said supreme court ^vould have had, if this act had not been passed. COURTS. 105 § 28. It shall be lawful for the defendant in any action in special baii. the said superior court to enter special bail, and to surrender himself, in the same manner and before the same officers, as if he had been arrested by process from the supreme court. § 29, All suits upon, recognizance of bail, taken in such brough^J^ court, shall be brought in the same manner as if the action had been commenced in the supreme court. CHAP. XXIV. AN ACT relative to the Superior Court and General Sessions of the City of New-York, Passed February 8. 1830. p. 18. The People of the State of New -Fork, represented in Senate and Assembly, do enact as follows : 29. § 1. The provisions of the first and second sections of b^Jirmenc^.'** the first title of the sixth chapter of the third part of the Re- vised Statutes shall apply to the superior court of the city of New- York ; but this section shall not be so construed as to authorize the commencement of a suit by the service of a de- claration on any person residing out of the city and county of New- York, 30. § 2, All the powers relative 'to the hearing of non-enu- ^^^ "^°lt "d "",11: merated motions, which, by the sixth section of the act lor ^'^•"^• the establishment of the said superior court, passed March 31st, 1828, are vested in a single judge of the said court, may be exercised by such judge at chambers, under such rules and regulations as the said court may establish. 31. § 3. The provisions of the twenty-first, twenty-second, voi.2,p.i99. twenty-third, twenty-fourth, twenty-fifth, twenty-sixth, and twenty-seventh sections of the third title of the first chapter of the third part of the Revised Statutes, shall apply to the said superior court and the judges thereof. 32. § 4. It shall be the duty of the clerk of the city and j.uora. county of New- York to draw the names of not exceeding eighty-four instead of thirty-six persons, to serve as jurors in I 166 DEAF AND DUMB. Act when toUkt •fleet. the said superior court and court of general sessions respec- tively, according to the provisions of the twenty-fourth sec- tion of article second, title fourth, chapter seventh, of the third part of the Revised Statutes. 33. § 5. This act shall be in force and take effect imme- diately upon the passage thereof. DEAF AND DriflB. 1. The New- York Institution for the Instruction of the Deaf ad4 Dumb create4. 2. Officers to be elected, and tenure of office, 3. First officers and directors. 4. Power to make by-laws. 5. Period of limitation of the corporation. 6. Declared a public act. 7. Admission of indigent deaf and dumb. 8. Provision as to those already received. 9. Public notice of the number of vacancies to be given annually. 10. Certificate required to entitle persons to admission. 11. Indigent pupils to be provided with board. 12. Power of supervisors in certain cases. % '^ 13, 14. Duration and extension of acts. 24. Further extension. 15. Powers of directors. 18. Further powers. 16. Term of education may be extended. 17. Appropriation and application of ten thousand dollars. 19. Vacancies how filled. 90, SI. Additional pupils to be received, and the expense of pupils. 22. Share of the literature fund. 33. Return of pupils to be made. 96. Central Asylum. S7. Subject to visitation, and duties of superintendent. AN ACT to incorporate the members of tlie New-York Insti- tution for the Instruction of the Deaf and Dumb. Passed April 15, 1817. chap. 264, p. 306. Preamble, Whkreas by a petition presented to the legislature from certain inhabitants of the city of New- York, it is represent- ed, that they, together with their associates, have formed an institution for the purpose of affording the necessary means of instruction to the deaf and dumb, and also, to provide for the support and maintenance of those in that condition, whose parents are unable to maintain them during their course of tuition: Therefore, CorporatioB created. 1. § 1. Be it enacted by the People of the State of New-York^ represented in Senate and Assemblyy That all such persons ai DEAF AND DUMB. 167 now are^ of hereafter may become members of the said in- stitution, shall be, and are hereby ordained, constituted, and appointed, a body corporate and politic, in fact and in name, by the name of " The New- York Institution for the Instruc- tion of the Deaf and Dumb," and by that name they and their successors shall and may have succession, and shall be in law capable of suing and being sued, pleading and being im^ pleaded, defending and being defended, in all courts and places whatsoever, in all manner of action and actions, suits, matters, complaints and causes whatsoever ; and that they and their successors have and use a common seal, and may change and alter the same at their pleasure ; and also, they and their suc- cessors, by the name and style of " The New- York Institu- tion for the Instruction of the Deaf and Dumb," shall be ca- pable in law of purchasing, holding, and conveying any real and personal estate for the purposes of this incorporation, and none other, which at any time shall not exceed the annual income of five thousand dollars. 2. § 2. And he it further enacted, That for the better carfy^ eSJtcd" *' ^ ing into effect the objects of the said incorporation, there shall be a president, two vice-presidents, a treasurer, and a secre- tary, who with twenty other members shall constitute a board of directors, and shall have power to manage all its affairs ; the officers and other directors shall be elected by ballot, at an annual meeting of the members, to hold their office for one year, or until others be elected in their room, and that such election shall be held at such times and places as the said corporation shall by their by-laws fronj time to time ap- point and direct, and that the aforesaid officers shall be elect- ed by ballot, by a majority of the members present at such election, and in case of any vacancy or vacancies in either of the said offices, by death, resignation, or otherwise, the said board of directors shall have power to fill such vacancy or vacancies until the next annual election : of the directors, at least two-thirds shall be residents of the city and county of New- York, and seven shall constitute a quorum. 3. § 3. And he it further enacted, That the following persons Direetore. shall be the first officers and directors : De Witt Clinton, pre- sident, Richard Varick^ first vice-president, John Ferguson, second vice-president, John Slidell, treasurer, John B. Scott, 168 DEAF AND DUMB. secretary, and Henry Rutgers, Alexander M'Leod, John Stanford, John Murray, junior, Henry T. Feltus, James L. Bell, Bishop Connolly, Henry Wheaton, Jonas Mapes, Peter Sharpe, Samuel Ackerly, Silvanus Miller, William L. Rose, Gurdon S. Mumford, Benjamin A. Ackerly, Silvester Dear- ing, James Thompson, Robert Troup, Solomon Southwick, and James Emott, directors. Power to make 4. § 4. And he it further enacted, That the said board of y-^^^- directors shall have power to make such by-laws as may from time to time be necessary, relative to the management,, disposition of the estate and concerns of the said corporation, and the regulation of the persons exercising the offices afore- said, not contrary to law^, and may appoint such other agents^ and servants as they deem necessary to transact the busi- ness of the said corporation, and designate their duties. 5. § 5. And he it further enacted. That this act shall con- tinue and be in force until the first day of April, in the year one thousand eight hundred and thirty-seven r^ Provided aU ways, That if the said corporation shall apply their, or any of their funds, to any other purposes than those contemplated by this act, that then the said corporation shall cease and determine, and the estate real and personal thereof shall be forfeited to and vested in the people of this state. becifkrea a pub- ^* § ^' ^^^^^ ^^^ ^^ further enacted, That this act be and is lie act. hereby declared a public act, and that the same be constru- ed in all courts and places benignly and favorably, for every humane and benevolent purpose. AN ACT to provide for the Instruction of ike Indigent Deaf and Dumb within this state. Passed April 16, 1822. Chap. 234, p. 24=?. i^reAmbie. Whereas there are within this stalte", many indigent deaf and dumb persons : And whereas there is in the city of New- York, an institution, established for the instruction of the deaf and dumb, and now in successful operation : Therefore, Admission of in- 7. § 1. Be it enacted hi/ the People of the State of New-York, dumb. represented in Senate and Assembly, That every indigent DEAF AND DUMB. 169 deaf and dumb person, between ten and twenty-five years of age, whose parent or parents, or nearest friend, may be resi- dents of this state, and who may make application for that purpose, shall, until provision be made by law for their in- struction in some other institution or school, be received in- to the New- York institution for the instruction of the deaf and dumb, in the manner hereinafter mentioned, and be pro- vided with board and tuition by the directors of the said in- stitution, until each senate district, under the constitution re- cently adopted, shall have sent four pupib. 8. ^- 2. And be it further enacted, That the indisrcnt deaf Provisiona as tor " I, , • 1 • • • 1 n 1 i^'^'^c- already re- and dumb now in the asylum of the said mstitution shall be ceivcd, &c. included as part of the aforesaid number ; and that the term of instruction shall not exceed three years for those who are supported at the expense of the state ; and the term of the present pupils shall be considered as having commenced a£ the time when they were received into the asylum as charity pupils ; but nothing in this section shall be construed to war- rant the retaining, at the expense of the state, more than thirty-two indigent pupils. 9. § 3. And he it further enacted, That, once in every year Public notice to- the directors of the said institution shall cause public notice to be given in at least two public newspapers, if there be two in each senate district, of the number of vacancies which ex- ist or are expected to exist therein, during the then coming year ; and no selection of pupils shall be made till sixty days after such notice. 10. §• 4, And he it further enacted, That whenever the parent, roifificatc ipan ? guardian, or nearest friend of a deaf and dumb person, is de- Bons*to^a(Jmi8«^yB» &irous to have him or her instructed, applicati-on shall be made to the overseers of the poor of the town wherein such deaf and dum'b person shall reside, who shall certify to the inability of the parent, parents, or guardian to pay for his or her board and tuition ; which certificate being produced, shall authorize the directors of the institution aforesaid, to receive such deaf and dumb person as a pupil ; and in case the parent, parents, or guardian, have the ability to pay any portion of the board and tuition of a deaf and dumb pupil, then the overseers of the poor of the town shall certify and state the amount ; and 22 170 DEAF AND DUMB. the balance only shall be defrayed from the fund appropri- ated for the indigent deaf and dumb. to"bfTro^v"ided 1 1. § 5. And be it further enacted, That each indigent pupil with board, &c. gQ received into the institution aforesaid, sWl be provided with board, lodging, and tuition ; and the directors of the said institution shall receive for each pupil so provided for, the sum of one hundred and fifty dollars per annum, in quar- terly payments, to be paid by the treasurer of the state, on the warrant of the comptroller, to the treasurer of the said institution, on his presenting a bill of the actual time and num- ber of indigent pupils attending the school, and which bill shall be signed and certified by the president and secretary of the institution ; and a like bill shall be made out, of the time and number of those who are enabled to pay a part of . the expenses of board and tuition, at the rate of one hundred and fifty dollars per annum, the balance of which only shall V be charged and paid in like manner as for indigent pupils ; and the same shall be paid out of any monies in the treasury not otherwise appropriated. Power of ?uper- 12. § 6. And be it further enacted, That if after the above visors in certain *^ cases. number of indigent deaf and dumlj shall have been sent from any senate district, there shall still remain therein any other fit objects of the same charity, it shall be lawful for the super- visors of any county in such district, in their discretion, to select and send from such county, to the institution aforesaid, or such other as may be hereafter by law directed, any indi- gent deaf and duml? person, within the ages above prescrib- ed, who shall be received on the same terms as those sup- ported at the expense of the state ; and it shall be lawful for such supervisors to add a sum of money suflicient to meet the expense of supporting and educating such persons, toge- ther with the necessary expenses of travelling to and from the institution, to the sums which are raised and levied with- in their county, according to the sixth section of the act for the support of common schools ; such sum to be raised and , collected in the manner directed for the raising and collect- ing of school money in the said sixth section of the act afore- „uty of collectors Said ; and it shall thereupon be the duty of the collectors of the several towns to pay over such additional sum to the treasurer of the county, whose duly it shall be to pay over DEAF AND DUMB. 171 the same to the treasurer of the institution whereat such deaf and dumb pupils are educated, in the same manner, and on the same certidcate, as is.in the fifth section of this act direct- ed, with respect to the payments made by the treasurer of this state : Provided always, That the whole additional sum Proviso, so levied and raised for the purpose of this charity, upon any county in any one year, shall not exceed one hundred and fifty dollars for every member of assembly to w^hich such county shall be entitled. 13. § 7. And he it further enacted, That this act shall con- Duration of act. tinue in force for four years, and no longer. AN ACT extending and supplementary to certain acts pro- . vidingfor the Indigent Deaf and Dumb within this state. Passed April 15, 1825. chap. 16G, p 262. 14. ^ 1. Be it enacted by the People of the State of New-York, Act extended five represented in Senate and Assembly, That ^e act entitled " an act for the instruction of the indigent deaf and dumb within this JJ" y • 'J^ ^J^^(-^l' state," passed April the KHh, one thousand eight hundred and twenty-two, shall be, and the same is hereby extended for the term of five years from and after the first day of May, in the year eighteen hundred and twenty-six ; and that all and sin- gular the provisions and rights therein contained, and the regulations therein directed, shall be required to be observ- ed, kept and performed, saving and excepting such parts thereof as are hereby and herein altered or amended. 15. § 2. And be it further enacted, That whenever and as Powers of direc- often as there shall have been notice given in all or any one of the senatorial districts of this state, for any vacancy or vacancies of scholars for said institution, in any district or districts, and no pupil or pupils, scholar or scholars, shall apply for the purpose of filling such vacancy, it shall and may be lawful for the directors of the said institution to take in a scholar from any other district, to fill such vacancy or vacan- cies, in the same manner and on the same terms as if the > scholar so received and selected had have come from the district where such vacancy or vacancies may have occurred. 172 DEAF AND, DUMB. Term extended. 16. § 3. And be it further enacted, That the term of the scholars for an education at th,e institution aforesaid, shall and may be extended to four years ;^t the expiration of which term of time, and after the same is fully ended, such scholar shall cease to be educated and maintained as provided by the act aforesaid. AN ACT to provide for the Building an Asijlitmfor the Deaf Dumb 171 the city of New-York. Passed March 13, 1827, chap. 97, p 7G. Tea thousami 17. § I. Be it enacted by the People of the State of New-Yorh, dollarj iiiipropii- . , • ci i i i 7 mi 1 r ajed represented in oeiiate and Assembly, lliat the sum oi ten thousand dollars be and the same is hereby appropriated for the erection of an asylum for the deaf and dumb, to be located in the city of New- York, or in the village of Brook- Providetithe di- lyn, in Kin^s couuty *. Provided, The directors of the insti- rectors raise a*^. iifii t- •/'t^t like sura. tution lor the deal and dumb m the city of New- York, raise the same amount, for the same purpose ; and whenever evi- dence is given to the comptroller of the state, that the like amount of ten th(ftsand dollars is raised and deposited in some bank, applicable to the purposes aforesaid, then it shall be lawful for the directors of the " New- York institution for the Instruction of the Deaf and Dumb," by their treasurer for the tiine being, to draw upon the comptroller of the state for ten thousand dollars, which sum, together with ten thousand dollars raised as aforesaid, shall be applied by the directors of How applied, the institution, for the purpose of obtaining a piece of ground by purchase or leas.e, and the erection thereon of a building or buildings for an asylum, and workshops for the deaf and Further proviso, dumb : And provided further, That the directors of the said institution shall account to the comptroller for the expendi- ture of the sum hereby appropriated, and of the sum to be raised by the said directors ; and that the price of the ground to be pvirchased, and the plan of the buildings to be efected, shall be submitted to the superintendent of common schools, and be by him approved, before the said sum of money shall be drawn from the treasury. § 2. This section repealed by the repealing act of Decem- ber 10th, 1828, Revised Statutes, vol. 3, p. 129, DEAF AND DUMB. 173 18. f 3. And be it further enacted, That the directors of the o? dfrmS?*/"^^ said institution shall have power, in their discretion, to re- tain therein any of the pupils now authorized to be received by them, not exceeding eight at any one time, for a period not exceeding two years beyond the time now allowed by law, and that the expense of such pupils, not exceeding one hundred and fifty dollars per annum for each, shall be paid in the same manner as is prescribed by law for the indigent pupils in the said institution. 19. 6 4. And be it further enacted, That whenever notice Vacancy in pu- ■* ♦^ ' ■ ^ pjls from senate shall be given of any vacancy among the pupils, which any dj^stnct iiow liii- senate district is entitled to supply, and such vacancy shall not be filled within two months after such notice, it shall and may be lawful for the directors of the said institution to receiye pupils from any other district to fdl such vacancy during the then current year, but for no longer time. AN ACT to amend an act, entitled ^^ An act extending and supplementary to certain acts providing for the indigent Deaf and Dumb within this state,'" passed \5th April, 1825, and for other purposes. Passed April 15, 1830, chap. 170, p. 185. 20. § 1. The directors of the New- York institution for the Additional pupus instruction of the deaf and dumb, are hereby authorized to receive from each senate district of this state, three indigent pupils, in addition to the number now provided for by law ; the pupils to be known and designated as state pupils, and to be received and retained in the said institution for five years, subject to the supervision of the superintendent of comm'on schools. 21. § 2. The yearly expense to be paid out of the treasury. Expanse. for the support of the said pupils, shall not exceed the sum of one hundred and thirty dollars for each pupil. 22. § 3. This institution shall be entitled to a distributive si,arp of litera- share of the income of the literature fund, in the same man- ^'"*^ ^""**' ner as the academies in the first district now are ; but the distribution shall be made in proportion to the whole number \ 174 DEAF AND DUMB. of pupils instructed during the preceding year in said in- stitution. Return of pupils 23. § 4. Tiic dircctors of the said institution shall make a return of the number of pupils, to the regents of the univer- sity, annually in the month of January. Actscontinuedin 24. § 5. This act, together with the act, entitled "An act force 5 years. ^^ provide for the indigent deaf and dumb within this state," passed 16th April, 1822, and the act, entitled, "An act ex- tending and supplementary to certain acts providing for the indigent deaf and dumb within this state," passed i5th April, 1825, as far as the same relates to the New- York institution for the instruction of the deaf and dumb, shall be continued in force for five years from the first day of May, one thou- sand eight hundred and thirty-one,^subject to the alterations herein before contained. This act to take 25. § 6. This act shall go into operation from and after the first day of May, one thousand eight hundred and thirty. Central asylum. 20. § 7. The president and directors of the central asylum for the instruction of the deaf and dumb of tliis state, shall and may be permitted to take and receive from each senate district in this state, one pupil, into their institution, beyond the number now authorized by law, upon the terms, and w^ith the rights and privileges contained in the fifth section of the act, entitled " An act extending and supplementary to cer- tain acts providing for the indigent deaf and dumb within this state," passed April 15th, 1825. Snl'joct to visi- tation. Revised Statutes, Vol. 1, p. 497. TITLE III. OF THE DUTIES OF THE SUPERINTENDENT OF COMMON SCHOOLS, IN RELATION TO THE INSTRUCTION OF THE DEAP AND DUMB. 1. IiictitutioninNew-York, and other such institutions, subject to his visitation. 2. Duties of t!ie superintendent in relation to such institutions. 27. § 1. The institution of the deaf and dumb in the city of New- York, and every other similar institution incorporated. DEATHS IN NEW- YORK— REPORT of. 175 or to be incorporated in this state, shall be subject to the visi- tation of the superintendent of common schools. (99) § 2. It shall be the duty of the superintendent, as such tf£j°^ ^"P"' visiter, 1. To inquire from time to time into the expenditures of each institution, and the systems of instruction pursued therein re- spectively : 2. To visit and inspect the schools belonging thereto, and the lodgings and accommodations of the pupils : 3. To ascertain, by a comparison with other similar insti- tutions, whether any improvements in instruction and disci- pline can be made ; and for that purpose to appoint from time to time suitable persons to visit the schools : 4. To suggest to the directors of such institution, and to the legislature, such improvements as he shall judge expedient : 5. To make an annual report to the legislature on all the matters before enumerated, and particularly as to the condi- tion of the schools, the improvement of the pupils, and their treatment in respect to board and lodging. (99) Revised Laws, Vol. 2, p. 437. DEATHS \^ NEW-YORK—Ucport of. AN ACT TO REDUCE, &c. 1813. 1. Duties of Physicians and Sextons, and penalties for neglect. 1. § CCXXXIX. And he it further enacted, That whenever Phy«cipjis and ' ... . , Eurirtons rcquir- anv person shall die in the citv of New-York, the physician ^'^ M' p«'''r<'"n *' A - T I J certain duUoa, or surgeon who shall have attended such person as a physi- cian or surgeon during his or her last sickness, shall leave a note in writing signed with his name, with some one of the fiimily in the house where such person shall have died, spe- cifs'ing the name and apparent age of the deceased, and the disease of which he or she shall have died; and every phy- »<.„aity for neg- sician or surgeon refusing or neglecting to make and deliver '*'"''^' such note, shall forfeit the sum of fifty dollars ; and that no Duty of sexton sexton of any church, or other person having charge of any dea'dbodus'.""'^ cemetery, vault, or burying-ground in the said city, shall per- t'jy) Laws of lS-27, p. 76. 176 DEEDS. mit any dead body to be interred therein, until he has re- ceived such note in writing, so signed as aforesaid ; or in case no physician or surgeon shall have attended such deceased person, or the phy^cian or surgeon w^ho did attend shall have neglected or refused to collect such note, then a like note, signed by some of the family in which such person shall have died, the contents of which note in writing shall be entered by such sexton on a blank schedule, to be furnished by the clerk of the city and county aforesaid, and delivered, together with the said schedule, on the Saturday in every week to the said clerk for publication, in such form as may be designated by any present or future ordinance of the mayor, aldermen Penalty for ncg- and commonalty of the city of New- York ; and that every sexton or other person having charge of any place of inter- ment, neglecting or refusing to perform any of the duties re- quired by this act, shall forfeit the sum of twenty-five dollars. corded DEEDS, • RECORDING OF, BY CLERK OF COUNTY. 1. 4. Deeds to be recorded, and effect of. 2. Duty of clerk on receiving deed or conveyance. 3. Index to be made. 4. Fees. , 5. Act of 5th April, 1810, repealed. AN ACT concerning the recording of deeds in tlie .city of New-York. Passed March 30, 1811, p. 184. Deeds to be re- 1. §• 1. Be it cuacted by the People of the State of New-York, repj^esented in Senate and Assembly j That every deed or con- veyance in fee simple absolute of any lands, tenements, he- reditaments or real estate within the city and county of New- York, which shall be made and executed after the first day of April next, in order to be good and efTcctual in the law as against any subsequent purchaser or mortgager, 6o?i«^6?e and for valuable consideration, and without notice of such prior * deed or conveyance, shall be I'ecorded at length in the office of the clerk of the said city and county, in books to be pro- vided by the said clerk for that purpose. Duty of clerk. 2. § 2. And be it further enacted, That the said clerk shall make a note or memorandum on any deed or conveyance DEEDS. 177 hereby directed to be rec6rded, and which shall be left with him or in the said office to be recorded, of the day, month and year, and the hour of the day when the same shall so be left with him or in his office, to be recorded as aforesaid, and that the record thereof shall bear date corresponding with the time mentioned in such note or memorandum. And to the end that accurate information may be obtained by all persons respecting the deeds or conveyances so to be recorded, 3. § 3. And he it farther enacted, That the said clerk shall J^^^^ *" ^ make an index to each book of such records, and from day to day and time to time, as the same deeds or conveyances shall be recorded, make an entry therein of the name and names of each and every grantor and grantors, and grantee and grantees', and parties named in such deed or deeds or conveyances respectively, arranged alphabetically under the initial letters of the name of each and every grantor and grantors, grantee and grantees, or party or parties named therein, either as conveying or receiving title thereby ; to which records and indexes all persons shall have free access for search at all reasonable times during the day time, and which the said clerk shall be bound to exhibit to those who wish to search. 4. § 4. And he it further qnactcd, That the fees for record- iind. ing such deeds and conveyances, and making searches there- for, shall be the same as is now or as may hereafter be pro- vided for by daws for the like services, but that no additional charge shall be made for such index as is before directed to be made. 5. § 5. And he it further enacted, That the act, entitled Frooarccss to be " An act for the recording of deeds in the city and county of * "^^^ * New- York," passed the 5th April, 1810, shall be, and the same is hereby repealed. 178 DEEDS. DEEDS, RECORDING OF, BY REGISTER. Revised Laws, Vol. 2, p. 406. 1. Certain deeds to be recorded. 2. Certain deeds hereafter made, to be recorded. 3. Register; to note on deed when left with him, and record to bear same date. 4. Register lo make an index to each book of record. 5. Register's fees for recording. ul^cordtT^^^'' 1. § CLXX. And he it further enacted, That no deed or conveyance in fee simple absolute of any lands, tenements, hereditaments or real estate, within the city and county of New-York, which hath been made and executed since the first day of April, in the year of our Lord one thousand eight hundred and eleven, shall be deemed or taken to be good and effectual in the law, as against any subsequent purchaser or mortgagee bona fide, and for valuable consideration, and without notice of such prior deed or conveyance, unless such deed or conveyance was recorded at length in the office of the clerk of the said city and county, on or before the first day of May, in the year of our Lord one thousand eight hun- dred and twelve, or hath bden or shall be so recorded in the office of the register in and for the said city and county, pre- vious to a subsequent purchase or mortgage as aforesaid. Certain deeds o. § CLXXL And he it further enacted. That every such deed hereafter made, ■' j ^ ^ also to be record- qj. convcvauce whicli shall hereafter be made and executed, in order to be good and effectual in the law, as against any sul)- sequent purchaser or mortgagee bona fide, and for valuable consideration, and without notice of such prior deed or con- veyance, shall be recorded at length in the office of the said register, in the books now used, or hereafter to be provided by him for that purpose. Register to note 3. § CLXXII. And he it further enacted, That the said re^ on deed the time . , „ , when left with gistcr shall malvC a note or memorandum on any deed or con- veyance hereby directed to be recorded, and which shall be left with him, or in the said office, to be recorded, of the day month and vear, and the hour of the dav, when the same DEPUTY CLERKS. 179 shall so be left with hhn, or in his ofiice, to be recorded as aforesaid ; and that the record thereof shall bear date corres- ^o^/rS'^joncUng'" ponding with the time mentioned in such note or memoran- ^*^^- dum. And to the end that accurate information may be obtained by all persons respecting the deeds or conveyances so to be recorded : 4. § CLXXIII. And he it further enacted, That the said re- Register to make gister shall make an index to each book of such records, and book ot'record. from day to day, and time to time, as the same deeds or con- veyances shall be recorded, make an entry therein of the name and names of each and every grantor and grantors, and grantee and grantees, and parties named in such deed or i deeds or conveyances, respectively arranged alphabetically, under the initial letters of the, name of each and every gran- tor and grantors, grantee and grantees, or party or parties named therein, either as conveying or receiving title thereby, to which records and indexes all persons shall have free ac- cess for search, at all reasonable times during the day time, and which the said register shall be bound to exhibit to those who wish to search. 5. § CLXXIV. And he it farther enacted, That the fees for Ttesister's fee* recording such deeds and conveyances, and making searches ^^^ ° ^ °* therefor, shall be the same as is now, or as may hereafter be, provided for by law for the like services, but that no addi- tional charge shall be made for such index as is before direct- ed to be made. DEPUTY CliEMMS. Revised Statutes, Vol. 1, p. 376, 1. Deputy ClerkvS to be appointed. 2. To take an oath. • 3. Powers of Deputy Clerk. 4, 5. Duties and emoluments of. 1 . § 56. P^very county clerk shall appoint some proper per- Deputy cierk, son deputy clerk of his county, to hold during the pleasure of 180 DEPUTY CLERKS. the clerk ; and as^ofteii as such dejiuty clerk shall die, resign, or be removed from office, or rer|iovc out of the county, or become incapable of executing the duties of the office, another shall be appointed in his place. Every such appointment shall be in writing under the hand and seal of the clerk, and shall be recorded in the office of the clerk of the county. (31) Ibid. 2. § 57. Every person appointed to the office of deputy clerk, shall, before he enters on the duties of his office, take the oath of office prescribed in the constitution of this state. (31) Powers of do- g. § 58. Whenever the county clerk shall be absent from puty. , *^ the county, or by reason of sickness, or any other cause, shall be incapable of performing the duties of his office, his deputy may perform all the duties appertaining to the office of clerk of the county, except that of deciding upon the sufficiency of sureties for any offixCer.(31) Ibid. 4. § 59. Whenever the office of any county clerk shall be- come vacant, his deputy shall perform all the duties, and be entitled to all the emoluments, and be subject to all the pe- nalties appertaining to the office of the clerk of the county, until a new clerk shall be elected for such county.. TITIiE II.— CHAPTER XII.— PART I. AN ACT to amend certain Provisions of the Revised Statutes, and in addition thereto. Passed April 20, 1830, chap. 320, p. 38. feSg to'i'a'n'! 5. § 4. The fifty-uinth section of the second Title of Chap- fount^ cH^rk, ""^ ter twelve. Part first, shall be, and the same is hereby amend- amended. ^ j^ ^^ inserting after the word " elected," in the last clause thereof, the words " or appointed ;" so that the said section, when amended, shall read as follows : * [Vol.1, p. 370] "Whenever the office of any county clerk shall become vacant, his deputy shall perform all the duties, and be entitled (31) IR.L. 523, 5 19 : 2 R. L. 149, ^ 17 ; Laws, of 1815. p. SB, \S 5. DEPUTY CLERKS. 181 to all the emoluments, and be subject to all the penalties ap- pertaining to the office of clerk of the county, until a new clerk shall be elected or appointed for such county, and duly sworn." CHAP. CCXXXVII. 1. Deputy Clerk may perform certain duties of County Clerk. 2. Clerk in Chancery may appoint a deputy to perform certain duties. 3. Time when act takes eflect. AN ACT relative to Deputtj Clerks of Counties, and of Clerks in Chancery, Passed April 22, 1831. p. 279. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 1.6 1. The deputy of any county clerk mav perform all Deputy cierk ■• 1 .' . ./ * i ji^ay perlorm du- the duties of such clerk whenever such clerk shall be absent ^'*^^« "•' •^'^k of county. from his office, except that of deciding upon the sufficiency of sureties of any officer. 2. 5 2. Each clerk in chancery is hereby empowered to ap- cierk in rhanre- point some suitable person to be his deputy, and shall be re- deputy t'.. per-, ., , ^ ,, , . 1 • 1 • 1 n 1 • • form certain du- sponsible lor all his acts ; which appointment shall be in writ- ties, ing, and shall be filed in the office of the clerk making the same : and before entering on any duties as such deputy, he shall take and subscribe the oath of office prescribed in the constitution ; every such deputy shall be authorized to dis- charge the duties of a clerk in chancery whenever there shall be a vacancy in the office of his principal, or whenever such principal clerk shall be absent from the county in which his office is established, or shall be unable, from sickness or other- wise, to perform the duties of such clerk. 3. § 3. This act shall take effect upon the passage thereof, i^" s^cS." ^''^ 182 DISORDERLY PERSONS. DISORDERLY PERSOi^fS. Revised Statutes, Vol. I, p. 638. TITLE V. OF DISORDERLY PERSONS. Sect. I. Disorderly persons cmmieratcd. 2. Proceedings against them; surety for good behaviour when to be required. 3. What acts to be deemed breaches of recognizance for good behaviour. 4. Recognizance, when and how prosecuted; recovery how applied. 5. Court before which recovery had may require new sureties or conunit to jail. 6. When and by whom persons committed for want of sureties, may be discharged. 7. List of disorderly persons committed, to be laid before general sessions. 8. Court to inquire into each case and hear proofs. 9. Court may discliarge, or aulliorize the binding out of disorderly persons. 10. Court may commit to prison ; duration of imprisonment, &,c. 11. When materials, &c to be bought, and disorderly persons compelled to work. 12. E.xpense of materials, &c. how defrayed. 13. Trocecds of labour how disposed of and accounted for. Enumeration of ^1. All pci'sons who threaten to run a^vay and leave their disorderly per- . . sonB. wives or children a burthen on the public ; all persons pre- tending to tell fortunes, or where lost or stolen goods may- be found ; all common prostitutes, all keepers of bawdy- houses or houses for the resort of prostitutes, drunkards, tiplers, gamesters, or other disorderly persons ; all persons who have no visible profession or calling to maintain them- selves by, but who do, for the most part, support themselves by gaming ; all jugglers, common show^men and mounte- banks, who exhibit or perform for profit any puppet show% wire or rope dance, or other idle shows, acts or feats ; all persons who keep in any public highw\ay or place, or in any place w^here spirituous liquors are sold, any keno table, W'heel of fortune, thimbles, or other table, box, ma- chine, or device for the purpose of gaming ; all persons who go about w^ith such table, wheel, or other machine or device, exhibiting tricks or gaming therewith ; all persons who play in public streets or highways, with cards, dice, or any other instrument or device for gaming, shall be deemed disorderly persons. (34) ^34) 1 R. L. Ill, ^ I ; lb. 154, § 9; Laws of 1S19, p. SIO. DISORDERLY PERSONS. ' 183 ^. 2. Upon complaint made on oath to anv justice of the Proceedings ^ . ^ 1 • 1- 1 7 " I 1 11 • against them- peace agamst any person as bemg disorderly, he shall issue his warrant for the apprehension of the offender, and cause him or her to be brought before such justice for exam- ination. If it shall appear by the confession of the of- purety for good fender, or by competent testimony, that he or she is a dis- orderly person, the justice may require of the offender suffi- cient sureties for his or her good behaviour for the space of one year. In default of such sureties being found, the jus- tice shall make up, sign and fde in the county clerk's office, a record of the conviction of such offender as a disorderly person, specifying generally the nature and circumstances of the offence, and shall, by warrant under his hand, commit such offender to the common jail of the city or county, there to remain until such sureties be found, or such offender be discharged according to law. (34) Record of convic- tion and com- mitment. § 3. It shall be deemed a breach of such recognizance, for Breaches of re- , r.1 ' cognizance. any person so bound on account oi being a gamester, at any one time or sitting to play or bet for any money or other thing exceeding the sum or value of two dollars and fifty cents. In all other cases, the committing any of the acts which constituted the person so bound a disorderly person, shall be deemed a breach of the condition of such recog- nizance. (35) § 4. If any breach of such recognizance for good beha- Jjj^,''^^"*'*^"' viour happen, such recognizance shall be prosecuted at the instance of any overseer of the poor, county superintendent of the poor, or justice of the peace, and the penalty when collected, shall be paid into the county treasury, for the benefit of the poor of such county. § 5. Upon a recovery being had, upon any such recogni- conseqnences of zance, the court before which it shall be had, may, in its discretion, either require new sureties for good behaviour to be given, or may commit the offender to the common jail of the city or county, for any term not exceeding six calendar months. (04) 1 R. T,. 114, $ I ; lb. 154, . persons ; but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the per- son so testifying. Disqualification § 4. Evcry pcrsou couvictcd of a violation of the first section of this Title, shall be incapable of holding or being elected or a])pointed to any office, place or post of trust or emolument, civil or military, under the constitution and laws of this state. (44) Inhabitants ?iv . § 5. If any inhabitant of this state, shall leave the same, &c. ourof'uS for the purpose of eluding the operation of the provisions herein contained respecting duelling, or challenges to fight, with the intent of. giving or receiving any challenge herein prohibited, or of aiding or abetting in giving ojy receiving such challenge, and shall give or receive any such challenge, or shall aid and abet in giving and receiving the same, with- out this state, he shall be deemed as guilty, and shall be sub- ject to the like punishment, as if the offence had been com- mitted within this state. (45) (43) LawB of 1828, p. 431, § 2. (44) hn^f of 1817, j). 3, »ee. 1. (45) Lawf of ial6, p. 4, ^ 5. DUELLING. 195 § 6. Every such ofiender specified in the last section, may Place of trial. be indicted and brought to trial in any county in this state, which shall be designated by the governor for that purpose, and where, in his opinion, the evidence c^n be most conveni- ently obtained and produced. (45) § 7. Every such offender may plead a former conviction Former convic- or acquittal for the same offence', in another state or country ; and if such plea be admitted or established, it shall be a bar to any further or other procee4ings against such person, for the same offence.* (45) Laws of 181C, p. 4, section 5. * The evil consequences of duelling has long boon felt in the state of New-York by the loss of many valiiaMc liv(!S, and has caused much distress and anguish in families. The first notice of this evil by the legislature appears to have been by a statute passed AprW 2, 1803, W. p. 334. And it must be admitted that it is a pretty strong evidence of the inveteracy . of custom, founded upon the self love and pride of our nature, that our statute book should have been so long silent upon a practice so injurious in its consequenses to the best interests of society. This act imposes upOn ciiizens/iithtins a duel or giving or accepting a challenge or being in any way concerned therein, disqualitication of any office of honor, profit or trust. And it imposes a penalty of iniprisonment in the state prison at hard labour not ex- ceeding sevenyears, or a fine not exceeding five hundred dollars, atthe discretion of tlie court, upon persons not being ciiizens, for violating the act. This act is incorporated in the revision of 1813, vol. 2, p. 11)2, and is rei)ealed by an act passed :>'ov. 5, IblO, vol. 4, p. 207, which contains some new provisions enjoining members of senate and assembly and other oflicera to take an oath against duelling, and gives the form of the oath, and provides for persona going out of the state to fight dusls with a view to elude the act. This was followed l)y an act passed April 21, 1828, p. 431. They arc both repealed by the repcaHng act of December 10, 1828, 3 Rev. Laws, p. 12<). 196 ELECTIONS — qualifications of electors. Revised Statutes, Vol. 1, p. 120. CHAR yj. of elections, other than for militia and town officers. Title 1. — Of the qualifications, disabilities, and privileges of electors. Title 2. — Of general and special elections ; the time and purpose of holding them, and the persons by whom held. Title 3.— Of the mode of notifying general and special elections. Title 4.— Of the manner of conducting elections. Title 5.— Of the final canvass, and tiie mode of declaring and certifying the result. Title C. — Of the election of representatives in congress, electors of president and vice- president, and senators in congress. Title 7.— Penalties for violating the provisions of tJiis chapter, and for misconduct at elections. Title fi.— Miscellaneous provisions. TITLE I. OF THE QUALIFICATIONS, DISABILITIES, AND PRIVILEGES OF ELECTORS. Sect. 1. Qualifications of voters, except persons of colour. 2. Qualifications of persons of colour. 3. Persons convicted of infamous crimes not to vote unless pardoned. 4. No civil process to be served on an elector during election. Qualification?, § 1. Evory male citizen of the age of twenty-one years, who shall have been an inhabitant of this state one year next preceding any election, and for the last six months a resident of the county where he may offer his vote, is entitled to vote in the town or ward where he actually resides, and not else- where, for all officers that now are, or hereafter may be, elected by the people. (1) Ibid. § 2. No man of colour can vote at any such election, unless he sha# have been for three years a citizen of this state, and ^ for om year next preceding the election at which he shall offer his vote, shall have been seized and possessed of a free- hold estate of the value of two hundred and fifty dollars, over (1) First amendment to constitution. ELECTIONS GENERAL AND SPECIAL. 197 and above all debts and incumbrances charged thereon ; and shall have been actually rated and paid a tax thereon. (2) § 3. No person who shall have been convicted, within this Disabuuea. state, of an iniamous crime, at any time previous to an elec- tion, shall be permitted to vote thereat ; unless he shall have been pardoned by the executive, and by the terms of such pardon restored to all the rights of a citizen.(3) § 4. Whenever an election shall be held in any city or town Privilege*, pursuant to this chapter, no civil process shall be served in such city or town on any elector entitled to vote therein, on either of the days during which such election shall be held. (4) TITLE II. OF GENERAL AND SPECIAL ELECTIONS ; THE TIME AND PURPOSE OF HOLDING THEM 1 AND THE PERSONS BY WHOM HELD. Sect. 1. 2. 3. 4. 5. 6. 7. 8. General ejections defined. Register and clerk of Now York to be chosen at general elections. Special elections defined. Elections, when to be held. Duration of elections. In what cases special elections are to be held. When special election is not held, vacancy to be filled at next general election. Vacancies in office of representatives in congress, senator, &c. to be filled at general election. Vacancies not filled at a general election, to be supphed by special election. Special elections, by whom ordered. Contents of the proclamation of governor ordering special election. Elections in New- York, Albany, Troy, and Schenectady, to be by wards ; in Brook- lyn, by districts ; and in other phaces, by towns. Supervisor, &c. inspectors in towns. Common council in New-York, Albany, Troy, and Schenectady, and trustees of Brooklyn, to choose inspectors. Persons so chosen to be inspectors of all special elections held within the year, Twoof them may act. Vacancies, how supplied. § 1. General elections are such as are held at the same General elections, time in every county, for the election of all or some of the following officers, namely : governor, lieutenant-governor, senators, members of assembly, sheriffs, clerks of counties, ^ coroners, justices of the peace, representatives in congress, and electors of president and vice-president. (2) Cons. art. 2, section 1. (3) Laws of 1822, p. 280. section 25. (4) Ibid. sect. 22. 198 ELECTIONS-rWHEN HELD. General elec- tiuDi. § 2. The register and clerk of the city and county of New- York shall also be chosen at a ireneral election. &' Special elections. § 3. Special clcctions are such as are held only in a par- ticular district or county, at a time when no general election is held, for the choice of one or more of the officers proper to be chosen at a general election. When held, § 4. General elections shall be held on the first Monday of November in every year ; (5) special elections at the times and places of which legal notice shall have been given; but no special election shall be held within forty days previously to a general election. Duration. § 5. General elections shall be held, and continued by ad- journment, for three days in succession; (6) special elections shall be so held for two days only. Special elections. § 6. Special clcctions shall be held in the following cases : ■ va«ancie3. 1. When an officer other than a governor, lieutenant-gov- ernor and elector of president and vice-president proper to be chosen at a general election, shall not have been chosen by reason of two or more candidates having received an equal number of votes for the same office. 2. When the right of office of a person elected to the of- fice of a senator, member of the assembly, sheriff", or clerk of any county, or sheriff, clerk, or register of the city and coun- tv of New- York, shall cease before the commencement of the term of service for which such officer shall have been elected. 3. When a vacancy occurs in the office of any member of assembly after the last day of December in any year, and before the first day of February following, if such vacancy shall deprive a county of its entire representation. (7) Ibid. § 7. When a special election shall not have taken place as required by law, the vacancy which ought to have been sup- plied by such election shall be supplied at the next general election. ^^''^- § 8, All vacancies in the office of representative in con- (S) Laws of 182*, p. 2fi7, sec. 1. (6) lb. (7) lb. p. 278, •ec. 18. 1823, p. 418, kc. 1 ; Ifaf , p. 279, »cc. 1 & .1. ELECTIONS— now held. 199 grcss, senator, justice of the peace, sheriff* and clerk of any county, or sheriff, clerk, or register of the city and county of New- York, shall be supplied at the general election next suc- ceeding the happening thereof; but when the term of ser- vice of any such officer will expire at the end of the year du- ring which the ; vacancy in his office shall occur, no person shall be chosen to supply such vacancy, but the usual elec- tion shall be held for a new officer to hold during the consti- tutional term. Vacancies. § 9. If a vacancy proper to be supplied at a general elec- tion, shall not have been supplied at the general election next succeeding the happening thereof, a special election to sup- ^ ply such vacancy shall then be held. § 10. Special elections in the ffrst case provided for in the ib. how ordered, sixth section of this Title, shall be ordered by the board of canvassers having the power to determine on the election of the officer omitted to be chosen ; in all other cases, such elections shall be ordered by the governor, who shall issue • his proclamation therefor. (8) rroclainilion. § 11. Such proclamation shall specify the county or dis- trict in which such special election is to he, held ; the cause r)f such election ; the name of the officer in whose office the vacancy has occured ; the time when his term of office will expire ; and the day on w^iich such election is to be held, which shall not be less than thirty nor more than forty days from the date of the proclamation. (9) ' / § 12. Elections in the cities of New- York, Albany, Troy Elections how and Schenectady, shall be by wards ; in the village of Brook- lyn, by districts ; and in all the other parts of the state, by towns. (10) § 13. The supervisor, assessors and town cleHi of each inBpectore. town, shall be the inspectors of elections in such town.(ll) § 14. The common councils of the cities of New- York, Al- ibid, bany, Troy and Schenectady, at their usual place of meeting (8) Tiavvs of 182r>, p.' -279, sec. 1 &. Siilfiwfs of 1^23, p. 418. sec. 1. (9) lb. , ' 10) Laws or IWS, p. i.'G7, bcc. I. (11) lb. ic«.. 2. 200 ELECTIONS— -i^oTiPicATioN of. in each of said cities, and the trustees of the village of Brook- lyn, at their usual place of meeting in said village, shall, on or before the second Monday of October in every year, by plurality of voices, choose from among the electors actually 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. (11) Inspectors. § 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. (12) Ibid. § 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.(12) TITLE IIL OF THE MODE OF NOTIFYING GENERAL AND SPECIAL ELECTIONS. Art. 1.— Of the notice to be given by the secretary of state. Art. 2. — Of the notices to be given by tlie county and state canvassers. Art. 3.— Of the notices to be given by the sheriff, clerk or first judge, and by the in- spectors. ARTICLE FIRST. OF THE NOTICE TO BE GIVEN BY THE SECRETARY OF STATE. Governor's elec- tion. Sec. 1. Secretary of state to give notice of election of governor and lieutenant-governor. 2. To give notice of the names of senators whose term of service will expire. 3. When there is a vacancy to be filled at a general election, to give notice thereof. 4. When special election is ordered by governor, secretary of state to deliver copy of proclamation. 5. Copy of every notice issued by secretary of state, and proclamation of governor, to be published. ^ 1. The secretary of state shall, once in every two years, between the first day of July and the first day of September, immediately preceding the expiration of the term of office of the Governor and Lieutenant-Governor last chosen direct (11) Laws of 1822, p. 267, sec. 2. (12) lb. sec. 18; laws of 1823, p. 418, sec. 1. ELECTIONS— NOTICE or. SOI and cause to be delivered to the sheriff', clerk or first judge of each county, a notice in writing, that at the next general election, a governor and lieutenant-governor are to be elected.(13) § 2. He shall also, between the first days of July and Sep- tember, in each year, direct and cause to be delivered to the sheriff, clerk or first judge of each county, a notice in writ- ing, specifying the names of the senators for the district to which such county shall belong, w^hose term of service shall expire on the last day of December thereafter. (13) § 3. If any vacancy shall exist in a county proper to be supplied at the general election, she shall in like manner, be- tween the first day of July and the fifteenth of October pre- vious to such election, direct and cause to be delivered to the sheriff, clerk or first judge of such county, a notice in writ- ing, specifying the cause of such vacancy ; the name of the officer in whose office it has occurred, and the time when his term of office shall expire ; and if any such vacancy shall exist in a district, he shall in like manner direct, and cause to be delivered to the sheriff^ clerk or first judge of each county therein, the like notice. (14) § 4. When a special election shall have been ordered by the governor in a county, the secretary of state shall forth- with cause a copy of the governor's proclamation to be de- livered to the sheriff, clerk or first judge of such county ; and when ordered in a district, to the sheriff', clerk or first judge of each county therein. § 5. The secretary of state shall cause a copy of each Publication. notice issued by him, and of each proclamation of the gover- nor, to be published in the state paper, once in each week, from the date of such notice or proclamation, until the elec- tion to which it shall refer. (18) L»W8 of 1822, p. 268, sec. 3; see alsK) Title f* oC thj| Chapter, se«-. 9. (U) rb. Laws of 1823! p 41-^. s^-rt. 1. 26 V, 202 ELECTIONS— NOTICES of, by whom given. ARTICLE SECOND. OF THE NOTICES TO BE GIVEN BY THE COUNTY AND STATE CAN- VASSERS. Sect. 6. When a special election is necessary, by reason of an equality of votes, board of canvassers to give notice thereof. 7. Notice, by whom to be signed. When and hovy § 6. When a spccial election shall be necessary, in the case of an equality of votes, provided for in the second Title of this Chapter, the board of canvassers having power to determine on the election of the officer omitted to be chosen, shall, w^ithout delay, direct and cause to be delivered to the sheriff, clerk or first judge of each county in the district, or of the county in which such election is to be held, a notice specifying the officer to be chosen ; the time for which he is to be chosen; and the day on which such election is to be held ; which day shall not be less than thirty, nor more than forty days from the date of such notice. How Bigned. § 7. The uoticc of such an election, if ordered by the board of state canvassers, shall be signed by the secretary of state, and if ordered by the county canvassers, by the chair- man and clerk of the board. ARTICLE' THIRD. OF THE NOTICES TO BE GIVEN BY THE SHERIFF, CLERK OR FIRST JUDGE, AND BY THE INSPECTORS. Sect. 8. Sheriff, ice. receiving notice of election, to give notice to inspectora. t). To caut-e notice to be published. ^ 10. Inspectors receiving notice, to give notice to other inspectors. 11 Inspectors to give eight days' notice to electors. 12. Notice to specify officers to be chosen. 13. Inspectors to cause notices to be posted. Notice to inspec- ^ g^ rpj^^ sheriff, clcrk or first judge of each county, who shall receive a notice of an election, shall, without delay, give notice in writing of such election, to oneof the inspec- tors of- elections in each town or ward in his county. (15) Publication. § 9. Such sheriff, clerk or first judge shall also cause a copy of the notice to be published in all the public newspa- pers printed in his county, if there be any ; if not, then in (.15; Lavvi of 1822, p. 266,. sec. 3 ; 1?54, p. 418, »oe. 1. ELECTIONS — NOTICES of, by whom given, &c. 203 some newspaper printed in an adjoining county, once in eacii w^eek, from the date of such notice until the election. § 10. The inspector receiving such notice shall, without inspectors. delay, give notice thereof in writing to the other inspectors of his town or ward, and in such notice shall fix a time and place" for the meeting of the board of inspectors. (16) § 11. The inspectors of each town or ward, or a majority ib. notice to eiec of them, shall meet at the time and place so appointed, or if such meeting shall not take place* at such other time and place as the inspector calling the meeting shall afterwards fix ; and shall, by notices in writing under their hands, give at least eight days' notice to the electors of the town or ward, of the time and place at which such election is to be held therein. (16) § 12. Each notice' shall also specify the officers to be content*. chosen, and the hour of opening, adjourning and closing the poll of the election on each day thereof. The notice', if of a general election, shall also state whether any of the officeis then to be chosen are to supply vacancies, and the names of those in w^hose offices such vacancies shall have occurred. If the notice be given by the inspectors of a town, it shall also state the number of the justices of the peace then to be chosen in such town, and the nam.cs and unexpired time of service of those in whose offices any vacancy then to be supplied, shall have occurred. (17) § 13. The inspectors shall cause such notices to be post- Howpoeted, ed in a conspicuous manner, in at least five of the most pub- He places of their town or ward. (17) (16) Laws of 1822, p. 26S, sec. 4. (17) Ibid. 304 ELECTIONS — OF board of inspectors and clerks. TITI.E IV, OF THE MANNER OF CONDUCTING ELECTIONS. A«T. 1.— Of the lomQation of the board of inspectors, and the appointment of clerki. Art. 2 Of the manner of voting, and of challenges. Art. 3.~0f the duties of the board of inspectors, and clerks of the polL ■ Aax. 4.— Of the canvass and estimate of the votes by the board of inspectors. ARTICLE FIRST. OF THE FORMATION OF THB^ BOARD OF INSPECTORS AND THE APPOINTMENT OF CLERKS. Sect. 1. 2. 3. 4. 5. 6. 7. 10. Inspectors to meet at place, &c. of election, and to organize. Supervisor to be chairman of board. If no supervisor, board to appoint chairman. Chairman to swear inspectors, and one of them to swear him. Inspectors to appoint two clerks. Clerks to take oath. Poll then to be opened, and proclamation made. Kept open from sun rise to suu down. In New-York, to be kept open from nine o'clock till sun down. At opening, inspectors to give notice of the hour of adjournment. Board to be form- § 1. The inspectors of each town or ward, shall meet at the time and place, when and where', an election shall have been appointed to be held therein, and shall proceed to or- ganize themselves as a board, for the purpose of presiding at and conducting such election. (17) Chairmnm. § 2. Whenever the supervisor shall be one of the board, he shall, in right of his oilice, be chairman thereof. Ibid. § 3. If the supervisor be not a member of the board, or be absent, such one of their number as the inspectors shall appoint, shall be chairman of the board. OatbB. §. 4. The chairman of the board shall administer to the other inspectors the oath of office, as prescribed by the con- stitution, and the same oath shall then be administered to the chairman, by one of the other inspectors. (17) Clerics. § 5. The inspectors, or a majority of them, having sever- ally taken such oath, the board shall then appoint two clerks, to be called clerks of the polls. (17) OT) Laws of 1632, p. 2^8, § 4. ELECTIONS— POLL, opening op. 205 § 6. The clerks shall each take the constitutional oath of cierks. office, which shall be administered to them, by the chairman of the board. (17) § 7. The poll of the election shall then be opened, and pro- pou opened, clamation thereof made; and proclamation shall also be made of each adjournment, and of the opening and closing of the poll, on each day of the election. (18) § 8. The poll shall be kept "open in the day-time only, be- tween the rising and setting of the sun ; and shall not be open- ed before, nor kept open, after the hour of which the inspec- tors shall have given notice. (18) § 9. In the city of New- York the poll shall be opened at or before nine o'clock in the morning of each day on which the election shall be held, and shall be kept open on each day of such election until the setting of the sun. (19) Ibid. Ibid. § 10. At each opening of the poll in the forenoon the in- Adjournment, spectors shall give notice at what hour on that day, and for how long, the poll will be adjourned, if any adjournment take place ; and also at what hour the poll v/ill be closed for that day.(18) ARTICLE SECOND. OF THE MANNER OF VOTING, AND OF CHALLENGES. 8ect. 11. Electors to vote by ballot ; ballot to be folded. 12. Ballot to contain the names of the person voted for. » 13. What words to be on outside. 14. Ballot, how endorsed. 15. Ballots, how prepared at a general election, when there is also a vacancy to be supplied. 16. At congressional election, person intended to fill vacancy to be designated. .17. If voter be challenged, inspectors to state qualifications. 18. Oath of person challengf d, if not a coloured man. 19. Oath of coloured persons. 20. If pwson challenged refuse to swear, his vote to be rejected. 21. Challenge for crimes, hov/ proved. Punishment of convicts for voting when not entitled to vote. §11. The electors shall vote by ballot, and each person Baiiot, offering to vote shall deliver his ballot, so folded as to con- ceal the contents, to one of the inspectors, in the presence of the board. (20) (H) Ltw» of 18??, p. 2W, $ 4. (18) IH. (10) lb. «er. 5. f 30) lb. p. 26:, U. 7. 206 ELECTIONS— MANNER OF VOTINa. Its form. § 12. The ballot shall be a paper ticket, which shall con- tain, written or printed, or partly written and partly printed, the names of the persons for whom the elector intends to vote, and shall designate the office to which each person so 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 fi^i such office.(2^> EndoVsement. § 13. On the outcr sidc of each ballot when folded, shall ap- pear, written or printed, one of ihe following words : " State," *' Congress," " County," or " Justices ;" but no ballot found in the proper box shall i'e vojected for want of such endorse- ment. Contents. § 14. The ballot endorsed "State," shall contain the names State. <^^ the persons designated by the elector for the offices of governor, lieutenant-governor and senator, any or either of them ; Congress. That cudorscd "Congress," the names of the persons de- signated for the office of representative in congress, and elector of president and vice-president, any or either of them ; County. The ballot endorsed " County," the names of the persons designated for the office of member of assembly, and the county officers to be chosen at such election, any or either of them ; And the ballot endorsed " Justices," the names of the per- sons designated for the office of justice of the peace in the town in which the election is held. (22) § 15. If at a general election there be one or more va- cancies to be supplied in the office of senator, or in the office of justice of the peace, and at the same election a senator or justice is to be elected for four years, it shall not be neces- sary to designate on the ballot for which term the person voted for is intended, but it shall afterwards be determined by lot, for which term the persons respectively elected shall serve, without regarding any de'signation.(23) § 16. If at a general election for representatives in con- gress, any person named in a congress ballot, shall be intended (•21) T-a\V5 of 182-2, p. %-:, ^ 7. (82) Ibid. (23) LawTi of ]P24. p. 317. ELECTIONS MANNER OF VOTING AND CHALLENGING. 207 to supply a vacancy in the office of such representative, the ballots shall designate the congress for v^^hich each person is intended to be chosen. § 17. If any person offering to vote shall be challenged as challenges. unquahfied, by an inspector, or by any other person, entitled to vote at the same poll, the board of inspectors shall declare to the person so challenged, the quahfications of an elector. § 18. If he shall state himself to be duly qualified, and the challenge shall not be withdrawn, one of the inspectors shall then tender to him, the following oath : " You do swear (or affirm) 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 pre- ceding this election, and for the last six months a resident of this county ; that you are now a resident of this town, (or ward as the case may be,) and that you have not voted at this election."(24) Oath. § 19. If the person so ofiering to vote be a coloured man, ibid, the following oath shall be tendered to him: " 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 town, (or ward, as the case may be,) and that you have not voted at this election. (25) § 20. If any person shall refuse to take the oath so ten- ibid, dered, his vote shall be rejected. (25) § 21. If a person be. challenged as convicted of an infa- mous crime, he shall not be required to answer any questions in relation to such alleged conviction ; nor shall any proof of [Zi) La^ of 1522, p. 'J71. <^d. :v'.5: Ibid. Challenge a« a convict. 208 ELECTIONS — duties of inspectors, &c. such conviction be received, other than a duly authenticated record thereof; but if any person so convicted, shall vote at any such election, unless he shall have been pardoned and re- stored to all the rights of a citizen, he shall be deemed guilty of a misdemeanor, and on conviction shall be imprisoned in the county jail for the term of six months. ARTICLE THIRD. OF THE DUTIES OF THE BOARD OF INSPECTORS, AND CLERKS OF THE POLL, ■ Sect. 22. Ballot boxes to be kept at general elections. 23. Boxes to be kept at special elections. 24. Eachboxtohavti lock and key; when to be opened and shut, and who tokeep>cc7i. 25. Opening in lid to be made for the ballots. 26. Ballot, when received, to be deposited in box, without being opened. 27. Clerks of the poll, to keep poll lists. Contents of the lists. 28. Names of voters, how to be entered on poll lists. 29. At each adjourinient of poll, lists to be compared, and placed in boxes* 30. Boxes then to be locked and sealed. 31. Ktys and boxes to be delivered to separate inspectors. 32. Inspector having keys, to deliver them to board at opening of poll- 33. Inspector having bo.x£s, to deliver same to board at opening of poll. 34. Seals then to be broken, and boxes opened. 35. Inspectors to challenge persons whom they suspect not qualified. 36. Board to have power to preserve order. 37. May commit disorderly persons to jail. 38. By whom order for commitment to be executed. Ballot boic!. ^ 22. At each general election, the board of inspectors shall provide and keep two boxes, one to be entitled the " State Box," another the " County Box," and for the elec- tion of justices in each town a third box shall be kept, to be entitled the " Justice's Box." If representatives in congress or electors of president and vice-president, are to be chosen, an additional box shall be kept, to be entitled the " Congress Box." (26) . Ibid. § 23. At a special election, so many only of such boxes shall be kept, as shall be requisite for depositing therein the ballots of the persons voting for the officers directed to be chosen, at such election. Ibid. § 24* Each box shall be provided with a sufficient lock, and shall be locked before the opening of the poll, and the keys thereof delivered to one of the inspectors to be appoint- :2C) Laws of .l??e. p. 5S?, ^ <5 & T. ^{tTj Ik. ELECTIONS BALLOT-BOXES AND POLL LISTS. 209 ed by the board : and shall not be opened during the election, except in the manner and for the purposes herein after men- tioned. (27) § 25. An opening shall be made in the lid of each box, not ibid, lai'ger than shall be sufficient for a single closed ballot to be inserted therein at one time, through which, each ballot re- ceived, proper to be placed in such box, shall be inserted. (27) \ § 26. When the board shall have finally received the bal- Baiiota depo«^ ^ ' ited. lot of an elector, one of the inspectors, without opening the same, or permitting it to be opened or examined, shall deposit it in the box corresponding in title with the endorsement of the bal lot. (27) § 27. Each clerk of the poll shall keep a poll list, which Poiiiists. shall contain one column headed " Names of Voters," and so many additional columns as there are boxes kept at the elec- tion. The heading of each additional column shall corres- pond with the name of one of the boxes so kept. § 28. The name of each elector voting, shall be entered by iMd. each clerk, in the column of his poll Hst, headed "names of voters ;" and opposite such name, shall bo written the figure 1 in each remaining column of such poll list, corresponding in its heading, with the name of a box in which a ballot of the elector shall have been deposited. § 29. At each adjournment of the poll, the clerks shall, in poSS"'"*" ""^ the presence of the inspectors, compare their respective poll lists, compute and set down the number of the votes in each column, and correct all mistakes that may be discovered, ac- cording to the decision of the board, until such poll lists and their several columns, shall be made in all respects to corres- pond. The boxes shall then be opened, and the poll lists be placed therein. (27) , § 30. Each box shall then a^ain be locked, and the seal of ^?^^stobe lock- one or more of the inspectors, so placed thereon as to cover entirely the opening in the lid. (27) (27) Laws of 1822, p. 26P, <\ 6 6. 7. 27 210 ELECTIONS— OF the ballot-boxes. Ibid. § 31. The keys shall then be delivered to one of the in- spectors, arid the boxes to another, to be designated by the board. (27) Ibid. § 32. The inspector having the keys shall keep the same in his own possession, and deliver them again to the board at the next opening of the poll. (27) Ibid. § 33. The inspector having the boxes, shall carefully keep them without opening, or suffering them to be opened, or the seals thereof to be broken or removed ; and shall publicly deliver them, in that state, to the board of inspectors at the next opening of the poll. (27) IbiJ. § 34. At that time the seals shall be broken, the boxes opened, the poll lists taken out, and the boxes again locked ; and the same course shall be observed, until the poll of the election shall be finally closed. (28) d!aiTe*nge. ^^ ^ ^^' ^^ ^^^^^^ ^^ ^^^® ^^^^^ ^^ ^^^^ inspcctor to challenge every person offering to vote, whom he shall know or sus- pect not to be duly qualified as an elector. (29) To preserve order ^ 3^^ ^ho board of inspcctors shall posscss full authority to maintain regularity and order, and to enforce obedience to tlieir lawful commands during an election, and during the canvass and estimate of the votes, after the closing of the poll. Ibid. § 37. If any person shall refuse to obey the lawful com- mands of the inspectors, or by disorderly conduct in their presence or hearing, shall interrupt or disturb their proceed- ings, they may, by an order in writing, commit the person so offending to the common jail of the county, for a period not exceeding thirty days.(30) Ibid. § 38. Such order shall be executed by any sheriff or con- stable to whom the same shall be delivered ; or if none shall be present, by any other person deputed by such board, in writing. (27) LaAvs of 1822, p. 269, section 6, 7. (28) Ibid. (29) lb. sec 8. (30) lb. sec. 12 ELECTIONS CANVASSING WHEN AND HOW MADE. 21 1 ARTICLE FOURTH. OF THE CANVASS AND ESTIMATE OF THE VOTES BY THE BOARD OF INSPICTORS. BicT. 39. Board to determine whether they will then can%')ass or adjourn. 40. If canvass adjourned, what to be done with boxes, &;c. 41. Canvass to be public. When to be completed. 42. Canvass to commence by a comparison of poll lists. 43. Ballots to be counted. If two folded together, to be destroyed. 44. Ballots found in a box different from endorsement, not to be rejected. 45. If the ballots exceed the number mentioned in the poll list, excess to be destroyed. 46. If poll lists and ballots agree, votes to be estimated. 47. Statement of result to be drawn up by inspectors. 48. Contents of statement. 49. Statement to be delivered to one of the inspectors. 50. Duplicate to be delivered to town clerk. ^, 51. Poll lists and ballets to be destroyed, and board disf-oived. 52. Inspectors to preserve rejected ballots. § 39. As soon as the poll of an election sliall have finally canvass when closed, the board shall determine whether they will then pro- ceed to canvass the votes, or adjourn the canvass to some convenient hour of the next day. § 40. If the canvass shall be so adjourned, the same course ibid. shall be observed in relation to the poll lists, boxes, and keys, as is required to be observed at each adjournment of the poll. § 41. The canvass shall be public, and shall be completed nfaTe^^"^°'^ on the day subsequent to the closing of the poll, or sooner ; except in the city of New- York, where two days shall be allowed for completing the same. § 42. The canvass shall commence, bv a comparison of Proceeding! ' ' « ^ thereat. the poll lists, from the commencement, and a correction of any mistakes that may be found therein, until they shall be found or made to agree. § 43. Each box being opened, the ballots contained therein ibid, shall be taken out and counted unopened, except so far as to ascertain that each ballot is single. And if two or more bal- lots shall be found so folded together as to present the ap- pearance of a single ballot, they shall be destroyed. § 44. No ballot properly endorsed, found in a box different ibid. from that designated by its endorsement, shall be rejected, but 212 ELECTIONS — canvasslng, when and how made. shall be counted in the same nianner as if found in the box designated by such endorsement. Ibid. § 45. If the ballots shall be found to exceed in number the whole number of votes on the correspondent columns of the poll lists, they shall be replaced in the box, and one of the inspectors shall publicly draw out and destroy so many bal- lots unopened, as shall be equal to such excess. Ibid. § 46. The ballots and numbers on the poll lists agreeing, or being made to agree, the board shall then proceed to can- vass and estimate the votes. ■\ stat*?mert of § 47. The cauvass being completed, a statement of the re- sult shall be drawn up in writing by the inspectors, w^hich they shall certify to be correct, and subscribe with their proper names. Ibid. § 48. Such statement shall contain in w^ords, written at full length, the whole number of votes given for each office at such election ; the names of the persons for w^hom such votes for such office were given ; and the number of votes so given to each person. Ibid. § 49. The board of inspectors shall deliver the statement so certified and subscribed, to such one of the inspectors as shall be appointed by the board to attend the county canvass. Ibid. § 50. A duplicate of such statement shall also be signed by the inspectors at the same time, and shall be immediately de- livered to the town clerk, to be filed and preserved by him. Poll lists to be 651. The poll lists and ballots, exceptino^ such ballots as shall destroyed. ^ . ' 1 o have been rejected by the inspectors as imperfect, shall then be destroyed, and the board of inspectors shall be dissolved. brp^rServed^' ^"^ § 52. It shalllie the duty of the inspectors of elections to preserve a true copy of all ballots rejected as defective, with' the originals attached, and deliver the same to the town clerk, to be filed in his .office. (31) (31) Tlif^ nvi,:.. i= rhipflv M ;r.\i>al nfsrriioi; 9 of thr art of 18-22, ELECTIONS — BOARD of county canvassers. 213 TITLE V. OF THB FINAL CANVASS, AND THE MODE OF DECLARING AND CERTIFYING THE RESULT. Art 1.— Of the board of county canvassers, and their proceedings. Art. 2. — Of the duties and proce(!dings of the county clerk. Art. 3.— Of the duties of the secretary of state, previous to the meeting of the state can- vassers. Art. 4. — Of the formation and proceedings of the board of state canvassers. Art. 5.— Of the subsequent duties of the secretary of state. ARTICLE FIRST, OF THE BOARD OF COUNTY CANVASSERS, AND THEIR PRO- CEEDINGS. Firr. 1. Who to form board of coxmty canvassers. 2. Board, when and where to meet. Chairman. 3. Clerk of county, secretary of board. 4. Chairman to swear members, and secretary to swear Iiim. 5. Majority of inspectors constitute a board. 6. Board to estimate votes from original statements of canvass. 7. To make a separate statement of votes for governor, &c. 8. Contents of statements. 9 Statements to be attested and recorded. 19. Upon statements of votes for assembly, county officers and justices of the peace, board to determine who are elected. 11. If county be a congress district, board also to determine who arc chosen electors of president. 12. A certificate of each determination to be anne.xed to tlie statement upon which it is made. 13. Copy to be published. 14. If votes are received for elector, and county is not a congress district, copy of state- ment to be transmitted to district canvassers. 15. Inspector, if unable to attend, to deli ver statement of votes of his town to county clerk . 16. If a majority do not attend, those present to adjourn to next day. 17. If a majority do not then attend, those present to estimate vote-'. § \. The inspectors in each county, to whom the original Board how com statements of the canvass of votes in the tow^ns or wards to which they respectively belong shall have been delivered, shall form the county board of canvassers. § 2. They shall meet at the office of the clerk of the county, when to meet. on the Tuesday next following the election, before one o'clock in the afternoon of that day, and shall choose one of their number as chairman. § 3. The clerk of the county, or in his abscncef his deputy, sorretary. shall be secretarv of the board. 214 ELECTIONS — statement of votes, ?35, p. 5S; sec, 1.) 224 ELECTIONS-SELECTORS, &c. of the United States, there shall be elected, by general ticket, as nmany electors of president and vice-president as this state shall be entitled to appoint ; and each elector in this state shall have a right to vote for the whole number : and the several persons, to the number required to be chosen, having the highest number of votes, shall be declared and deemed duly appointed electors. Ballot box. 2. § 2. The board of inspectors of each town shall provide and keep a box, to be entitled " electoral box," in which the ballots for electors, and which ballots shall be endorsed "electors," shall be deposited. Duty of county clerks. 3. § 3. The county clerk of each county shall make three certified copies of the statement of votes given for electors in his county, immediately after recording the same, and forthwith transmit, by mail, one of such certified copies to the governor, another to the secretary of state, and deliver the other as herein after directed. Ibldi 4. § 4. One of the certified copies of such statement of votes given in each of the several counties herein named, shall be dehvered by the clerks of such counties respectively, as herein directed, on the day next succeeding that on which the canvass shall have been made, except that of the county of Orange, which shall be delivered, together with that of Sullivan, to the clerk of Dutchess, on the second day after the canvass shall have been made, for the purpose of being delivered to the proper messenger, to wit : those of the coun- ties of Niagara and Orleans, to the clerk of the county of Ge- nesee ; those of the counties of Livingston, Monroe, Wayne, and Yates, to the clerk of Ontario ; that of the county of Se- neca, to the clerk of Cayuga ; those of the counties of Cort- land and Oswego, to the clerk of Onondaga ; that of the county of Madison, to the clerk of Oneida ; those of the coun- ties of Montgomery and Saratoga, to the clerk of Schenec- tady ; that of the county of Tompkins, to the clerk of Tioga ; that of the county of Chenango, to thp clerk of Broome ; that of the county of Sullivan, to the clerk of Orange ; that of the county of Ulster, to the clerk of Greene ; those of the coun- ties of Rockland and Orange, to the clerk of Dutchess ; that of the counlv of Richmond, to the clerk of New- York ; ilind ELECTIONS— ELECTORS, Se7i«^e aud Assembly, That the act entitled poor. n j^Yi act to require overseers of the poor to sue for penalties incurred under certain penal statutes," be repealed so far as the same relates to the city and county of New- York. But excise com- 2. § 11. And be it further enacted, That it shall be lawful form that duty, for, and shall be the duty of the commissioner for collecting the duty of excise, of and from the several retailers of strong or spiritous liquors in the city of New- York, to sue for, pro- secute and recover, in his own name^ but for the use of the poor of the said city, in any court of competent jurisdiction, every penalty incurred in the said city under the act entitled " An act to lay a duty on stroijg liquors and for regulating inns and taverns." costrtSre'in 3. § IIL And be it further enacted, That if the said cornmis- certain cases, gioner shall commeuce any action for any such penalty in the . supreme court or any court of common pleas, and shall ob- tain a judgment against the defendant, he shall recover com- mon pleas costs, and if the defendant in any such action shall obtain judgment, he shall only be entitled to recover such costs. by deTthVc^.^*^ ^- ^ ^^' ■^'^^^ ^^ it further enacted, That no such suit shall abate, by reason of the death or going out of office of any such commissioner, but may be continued in his name by the Jurors and wit- attorney who shall commence such suit : -And further. That it shall be no objection to the competency of any juror or EXCISE COMMISSIONER OF. 237 witne'ss in any such suit, that he is a taxable inhabitant of the ^ city and county of New- York. 5. § V. A7id he it further enacted, That it shall be the duty ^"ty of excise y ^ ' •' commissioner m of the said commissioner, to pay over to the chamberlain of j;gg^"^J'^"^'' "^°' the said city, all penalties which he may recover by virtue of this act, after deducting all expenses and all costs which may be recovered against him from time to time, and also such sum for his services, as the mayor, aldermen and com- monalty of the city of New- York may from time to time think proper to allow him. Act to Reduce, <^c. 1813. Vol. 2, p. 438. 6. § CCXL. And be it further enacted. That the commis- saiaryofcom- • ^1 ' /'T^T -^r J n ^ missioner of ex- sioner of excise for the city and county of New- York for the cise. time being, shall be entitled, for his services, to the sum of seven hundred and fifty dollars per annum, instead of the compensation formerly allowed by law, which it shall and may be lawful for him to retain out of the monies which shall or may come into his hands from the duty of excise afore- said : A?i6Z y^rMer, That the said commissioner shall keep an account of the persons to whom licences shall be granted in the said city and county, and of the sums by each of the said persons paid therefor, and file the same with the cham- . berlain of the said city, on or before the last day of April in every year. CliAR CCXVIII. AN ACT relative to the Commissioner of Excise in the city of ' New-York. Passed April 20, 1818. T. § I. Be it enacted by the people ofUie State of New-York, commissioner q£ represented in Senate and Assembly, That it shall not be law- ifonT^ ^^ ^"^ ful for the commissioner for collecting the duty of excise, of and from the several retailers of strong and spiritous liquors in the city of New-York, to proceed to the disc^harge of the duties of his ofTice, until he shall give a good and sufficient bond, to the mayor, aldermen and commonalty of the city of New- York, in the penal sum of ten thousand dollars, with 238 FENCES. Condition th«re- ^^^ ^^^^ ^^^^ Sufficient securities, to be approved of by the mayor and chamberlain of the said city, conditioned that he will on every Monday during the month of May, and on the first Monday of each succeeding month, during the time he shall continue toehold said office, deliver to the chamberlain of the said city, a list of the names of the persons to whom he shall grant licences to keep an inn or tavern, or to sell and retail strong or spirituous liquors in the said city, togeth- er with the sums which he may receive from them respect- ively, and that he shall at the respective periods of time, pay over to the said chamberlain, the sums which he shall receive for the licences which he shall grant as aforesaid : And fur- ther, that he will in all respects discharge and perform the duties of his office according to law.* Provision where g. § II. And be it further enacted. That if the aforesaid commissioner re- ^ -^ ' t^^>e^Kond commissioner shall refuse or neglect to give security as afore- required, saicl^ that then it shall be lawful, and it is hereby made the duty of the mayor of the said city, to discharge the duties of said office, until the said commissioner shall execute such bond, or another commissioner shall be appointed who shall execute such bond. FE]\CES. Revised Laws, Vol, 2, p. 134. Passed March 19, 1813. % 1. Common Council to regulate Fences. • Common council 1- § XX. And he it farther enacted. That it shall and may HiJdson^to'^rcgu^ bc lawful for the common council of the respective cities of jate fences. J\Tew- York and Hudson, to make such rules and regulations for making, amending, and maintaining the fences in the said cities respectively, as well partition fences as others, as they shall from time to time judge most proper and convenient. *By the act of April 10, 1824, the mayor of the city of New- York, together with the alder- men and assistanta are declared to be commissioners of excise with full power to carry into execution, the provisions of the several acts relating to excise, &c. FERRIES. 239 FERRIES. Buer. I. Penalty for detaining passengers. 2. Ferry-boats not to be employed in any other businew. 3. Rates of ferriage between New- York and the island of Nassau. 4. Persona refusing to pay, forfeit treble : disputes how settled. 5. Corporation of New- York entitled to ferriage. 6. Penalty for demanding more than lawful ferriage. 7. Rates of ferriage to be put up in ferry-houses. 8. Ferry-boats to be lettered with owner's names, and employed only on th« fwry. 9. Hours in which ferry-boats are to be kept in readiness. 10. Inhabitants of Brooklyn may transport their goods in their own boats. 11. No person but corporation of New- York to keep ferry. 12. Barges for passengers to be kept at their ferry. 13. Number of men to manage boats. 14. Barges to be of certain dimensions. 15. Harbour masters to determine whether boats are in proper order. l(t. Penalties relative to ferriages, how recovered and appropriated. AN ACT to regulate the Public Ferries between the City of New-York and the Island of Nassau. Passed April 17, 1822. p. 256. 1. § 1. Beit enacted by the People of the State of New-York j Penalty for de- represented in Senate and Assembly, That the ferry-masters gers. or owners of the ferry-boats on the pubHc ferries between the city of New- York and the island of Nassua, shall be liable to a penalty of five dollars, for a longer detention of passen- gers than is now allowed by law, to be sued for and recover- ed within three days from the time of such detention, with costs of suit, before any justice of the peace, or court having cognizance thereof, one moiety, when recovered, to be paid to the overseers of the poor of the . city or town where the same shall be recovered, for the use of the poor thereof, and the other moiety to the person who will sue for the same : Provided, That no such penalty shall be recovered in case Proviso. the wind, weather, or ice, shall render the crossing of the river dangerous or very difficult at the time complained of, nor shall it apply to any cases of detention by accidents or casualities, nor unless a passage was demanded, and neglect- ed or refused at the time complained of. 2. § 2. And be it further enacted. That if the ferry-masters Boats not to be or owners of any ferry-boats on the aforesaid public ferries, other business."^ shall suffer the same to be employed in any other business than from ferry-stairs to ferry-stairs, except to relieve vessels in distress, said vessel being at the time in the East river, sau-Island 240 FERRIES. east of Governor's island, and west of Catharine-street ferry, they shall be liable for every offence to a penalty of fifty dollars, to be recovered at the suit of the overseers of the poor of the city of New- York, or of the town of Brooklyn, Avhich ever first shall sue for the same, before any court hav- ing cognizance thereof, for the use of the poor of the said city or town aforesaid. [Thirty-Sixth Session, Vol 2, p, 355.] CHAP. LXXXVI. AN ACT TO REDUCE, &c. Passed AprP. 9. 1813. FeiTies and Rates of Ferriage between the City of New-York and the Island of Nassau. Rates of Ferriago 3. § XLV. And be it furtlicr enacted, That the rales or prices York^and^Nrs"- f^i' Carrying men, women, horses, cattle, grain, and all other goods, merchandise, and things whatsoever, in the ferry- boats from the city of New- York to the island of Nassau, or from the island of Nassua to the city of New- York, shall be as follows : that is to say. For eveiy horse, mare, or gelding, with or without a saddle, twelve and an half cents. Every fat ox, steer, or bull, twenty-five cents ; for all other neat cattle, eighteen cents ; the ferry-master to find the necessary head-ropes to fasten and secure the cattle in the boats. Every live calf, hog, or sheep,, three cents ; every lamb, two cents. Every dead calf, hog, or sheep, two cents ; every dead lamb, pig, or shote, one cent. Every quarter of beef, three cents. Every firkin of butter, lard, or tallow, two cents. Every pail or tub of butter, lard, or tallow, one cent. Every other package of butter, lard, or tallow, three cents per cwt. Every cheese, one quarter cent. Every liam, an half cent. Every hundred weight of bar-iron, nail-rods, nails, steel, shot, painters colours, lead, pewter, rice, sugar, copperas, alum, brimstone, dye-wood, or any other kind of grocery, com- monly sold by the hundred, three cents. FERRIES. 241 Every hundred weight of copper, brass, or iron hollow ware, six cents. Every hundred weight of gunpowder, six cents. Every hundred weight of beaver, raccoon skins or coats, or other furs, four cents. Every bushel of salt, wheat, rye, Indian corn, buckwheat, flax-seed, or any other article of grain, commonly sold by the bushel, an half cent. Every bushel of apples, pears, peaches, potatoes, turnips, walnuts, green beans and pease, and every other article sold by the bushel, heaped measure, an half cent. Every hundred of sheeps-heads, shad or bass, twelve and an half cents. Every hundred perch, three cents. Every bag full of flour, meal or bread, not exceeding two bushels, one cent. Every barrel of wheal flour, rye, or Indian meal, tluree cents. Every barrel of bread, two cents. Every hogshead or pipe of wine, rum, brandy or molasses, containing one hundred and twenty gallons, thirty-seven and an half cents, and in that proportion for casks of a greater or less size. Every barrel of soap, six cents. Every hogshead of cider, twenty cents. Every barrel of cider, six cents. , Every barrel of beef or pork, six cents. Every empty pipe or hogshead, six cents. Every empty tight barrel, two cents. Every empty flour cask, one cent. Every turkey, goose, brandt, or other wild or tame fowl, one quarter of a cent. Every dozen of small birds, one quarter of a cent. Every hundred eggs, two cents. Every coach, eighty cents. Every phaeton, fifty-fire cents. Every one horse chaise with standing top, thirty-one cents. Every other riding chair or gig, twenty-five cents. Every sulkey, twenty-cents. Every wagon, thirty-seven and an half cents. Every double sleigh, twenty cents. Every single sleigh, fifteen and an half cents. Every pair of cart wheels, twelve and an half cents. 31 242 FERRIES. Every pair of chair or wagon wheels, six cents. Every thousand three feet shingles, fifty cents. Every thousand shingles from twenty-four to twenty-seven inches in length, thirty-one cents. Every thousand shingles from eighteen to twenty-two inches in length, twenty-five cents. Every thousand feet of joist or scantling, thirty-one cents. Every board of one inch thick, twelve inches wide and four- teen feet long, three quarters of a cent ; and in that propor- tion for boards and plank of different lengths and thickness. Every hundred lath for shingling, twenty-five cents. Every thousand cedar or pine lath, for ceiling, twelve and an half cents. Every cedar bolt, one cent. Every hundred of pipe-staves or heading, fifteen cents. Every hundred of hogshead staves or heading, twelve and ai: half cents. Every hundred of barrel staves or heading, eight cents. Every hundred feet of window glass, three cents. Every fierce of lime, twelve and an half cents. Every bushel of loose lime, two cents. Every hundred bricks, six-cents. Every full trunk or chest, four feet long, six cents ; if empty, three cents. .Every full trunk or chest three feet long, four cents ; i empty, two cents. Every full trunk or chest two feet long, two cents ; if empty, one cent. Every full trunk or chest less than two feet in length, one cent ; if empty, an half cent. Every book-case or cupboard, twenty-five cents. Every secretary or chest of drawers, twenty cents. Every mahogany dining-table, eight cents ; of other wood, four cents. Every mahogany tea or card-table, four cents ; of other wood, two cents. Every piano forte, twenty cents. Every mahogany bedstead, four cents ; of other wood, two cents. Every clock and case, twenty-five cents. Every side-board, thirty-seven and an half cents. Every mahogany settee, twenty cents ; of other wood six cts. FERRIES. 243 Every mahogany cradle, six cents ; of other wood, four cts. ' Every dozen of Windsor or other sitting chairs, twelve and an half cents. Every case with full bottles, four cents ; if empty, two cts. Every dozen wool or cotton cards, two cents. Every bale of cotton or wool, ten cents. Every hundredjweight of cotton or wool, (not in bales) six cents. Every dozen scythes, two cents. Every corn fan, one cent. Every piece of osnaburgs or duck, two cents. / Every piece of blankets, dufiels, coatings, or frize, four cents. Every piece of broadcloth, serge, shrouds, flannel, half-thicks or drugget, two cents. Every piece of duroy, calimancoes, shalloon, or linen, one ct. Every dozen of men's or boy's hats, one cent. Every man's or woman's saddle, one cent. Every pair of blankets, one cent. Every rug, one cent. Every dozen of spades or shovels, two cents. Every looking-glass, as follows : plate six feet long, fifty cents. plate five feet long, thirty cents. plate four feet long, twenty cents. plate three feet long, twelve cents. plate two feet long, four cents. All under one cent. Every picture as follows : glass four feet long or upwards, eight cents. glass three feet six cents. glass two feet two cents. All under one cent. Every dozen of frying-pans, two cents. Every empty firkin or pail, one quarter of a cent. Every empty two bushel basket, one quarter of a cent ; and smaller in proportion. Every dozen of empty bags, one half cent. Every side of soal leather, one cent. Every side of upper leather, one half cent. Every calf-skin, one quarter of a cent. Every beet's hide, two cents. Every bear-skin or dry hide, or horse-skin, an half cent. 244 FERRIES^. Every barrel of tar, pitch, turpentine or rosin, six cents. Every ton of cordage, hemp, 6r flax, sixty-two and an half cents. Every coach body, tvv^enty-five cents. Every chaise, chair, or suikey body, nine cents. ■ Every crate of earthen-ware, twelve and an half cents. Every cask of flax-seed, and dry beans or pease of seven bushels, seven cents. , Every hundred oysters or clams, one cent. Every sheaf of straw, an half cent. Every feather-bed, three cents. Every cat-tail, or straw bed, one cent. Every mattress of hair or wool, two cents. Every chaldron of coals, fifty cents. Every cord of nut-wood, eighty cents. Every cord of oak, or other wood, seventy cents. Every kettle of milk, of eight gallons or upwards, two cents. Every empty milk kettle, one cent. Every musket or fowling piece, one cent. Every ream of paper, one cent. Every fruit or other tree, more than six, or less than ten feet long, an half cent ; all under, a quarter cent. Flowers, or shrubs in pots or boxes, an half cent. Every corpse of an adult, twenty-five cents ; of a child twelve and an half cents. Every hundred weight of hay, ten cents. Every dog, four cents. Every passenger, two cents. Every horse boat of household furniture, when a single boat is required, one hundred and fifty cents. ties%f we^ghun -^^^ whcncver a certain rate of ferriage is fixed for any the^same proper- paj-^icular quantity or weight of goods or merchandise, a pro- portionable rate shall be taken for any greater or less quan- tity or weight of the same goods : Provided always, That no ferriage shaU be paid for a suckling child, or for such small articles not before enumerated, as a woman carries in her apron, or a man or a boy in his hand, or under his arm. tkfes"nS^speci- 4. § XLVI. And be it farther enacted, That the ferriage of ?oMing''^trabo''ve ^^^ Other goods, merchandise, and things whatsoever, not tion%o\uamuy Specified in this act, from the city of New- York to the island or weight. ^^ Nassau, or from the island of Nassau to the city of New- con- cerning ferriage, how settled. FERRIES. 245 York, shall be paid according to the rates above specified, in proportion to the weight or quantity transported, and not otherwise ; and if any person shall refuse to pay the ferry- to^"''"\o^f"S man the rates and prices of ferriage established by this act, ^'^^^^• the person so refusing shall forfeit and pay to such ferryman treble the rate to which such person was liable by this act, to be recovered with costs of suit, in any court having cogni- zance thereof; and if any disputes shall arise, concerning the ceS^^^i rates or prices of ferriage, for any goods or commodities not particularly expressed in this act, and the matter be brought before any justice of the peace by the contending parties, such justice shall hear and determine the same, so as to him shall appear to be conformable to the true intent and mean- ing of tliis act, and shall award costs against the party in de- fault. 5. § XL VII. And be it further enacted, That it shall be ^.^"'■p?'^^'*^'?.*'! ' '^ ' N. York entitled lawful for the mayor, aldermen and commonalty of the city ^^ the ferriage, of New-York, to demand and receive the rates and prices of ferriage aforesaid, for the said ferriage from and to the said city as aforesaid, and may establish and keep one or more ferries between the said city and the island of Nassau as aforesaid. 6. § XLVIII. And he it farther enacted, That if any ferry- ^''".^'*>' ^«'' ^^- ^ J ' . J mandmg or tak- man or his servant, shall ask, demand, or take any greater or JaJfuTfema^ e'^" other rates of ferriage from the said city of New- York, to the island of Nassau, or from the said island of Nassau, to the said city of New- York, than are herein- before established, the person so offending shall, for every offence, forfeit and pay the sum of two dollars and fifty cents. 7. § XLIX. And he it further enacted, That the ferry-mas- Ferry-master to •* J ^ J put up the rates of ters, or keepers of the ferries, shall have the rates of all the ferriage in a con- ^ spiciious place in articles enumerated in the forty-fifth section of this act, to- ferry-houses, an- , , , der a penalty. gether with the fines and penalties relating to ferries, printed on a large sheet of paper, and always keep those rates up in a conspicuous place in the ferry-houses at the ferries ; and if any or either of the said ferry-masters, or keepers of said ferries, shall neglect to put up or keep the said lists as afore- said, the person so offending shall be liable to a fine of three dollars for every day he shall so neglect the same, to be re- 246 FERRIES. covered at the suit of any person who shall sue for the same before any court having cogniaance thereof. And whereas the ferry-boats are frequently employed in jobbing and transporting goods and merchandise from places having no connexion with the said ferry, whereby the public suffer great inconvenience, for remedy whereof, be^feuered^with 8. § L. Be it further enacted, That the owner or keeper of &Tunder"a"pe- cvcry fcrry-boat shall have his name painted with white let- "^'^^' ters, three inches in length, on a black ground, on the outside of the stern of his boat, and the words ferry-boat in like man- ner on the inside of the stern of every boat ; arid the owner or keeper of every ferry-boat who shall neglect to have his boat lettered as aforesaid, shall be liable to a fine of three dol- rm'i7o>Smiyon ^^^s for evcry wcck he shall so neglect the same; and the the ferry. Qwucr Or kccpcr of cvcry ferry-boat who shall employ, or suf- fer the same to be employed in any other business, except from ferry-stairs to ferry-stairs on both sides of the river, shall be liable to a fine of fifteen dollars for every offence, to be re- covered at the suit of the overseers of the poor of the city of New- York, or of the town of Brooklyn, which ever first shall sue for the same before any court having cognizance ^ thereof. Hours during 9. ^ LI. And hc it further enacted, That the ferrv-masters which ferryboats ^ r i r i in n '• • , are to be kept in or owucrs 01 tlic lerrv-Doats, shail at aJl tmies m the months readiness. -a «• t t i \ i oi of May, J une, July, August and September m every year, have boats, ready for the transportation of passengers and goods from an half an hour before sunrise in eveiy morning dHa^^d^mor^e^" to niuc o'clock iu the evening, and in all the other months in than 5 minutes. ^^ year, from sunrise to eight o'clock in the evening, and that no passenger shall be detained more than five minutes, under the penalty of fifty cents for every offence at any time. Proviso. within the hours or times aforesaid: Provided the wind^ weather, or ice, do not render the crossing of the river diffi- cult or very dangerous. BmoklJn'"may*^ 10. § LII. And he itfiirther enacted, That it shall be law- g3°fn !hek ful f*^!' ^i^y ^^ t^^^ inhabitants of the town of Brooklyn to trans- own boats. ^q^,^ their own goods in their own boats from the island of Nassau to the city of New- York, and from the city of New- York to the island of Nassau, without paying any ferriage I FERRIES. 247 for the same : Provided, however, that if any such inhabi- Proviao. tant, under colour or pretext of transporting his or her own goods only, shall carry or bring over the said ferry the goods of any other person, of what kind soever, wath or without hire or reward, every such inhabitant shall, for every such offence, forfeit and pay to the ferry-man of such fery, tw^o dollars and fifty cents, to be recovered with costs of suit be- fore any justice of the peace or court having cognizance thereof. 11. § LIII. And be it further enacted, that no person other No person but •^ * ^ corporation of N. than the said mayor, aldermen and commonalty, shall erect y. to keep a terry •^ -' between said city or keep a ferry between the said city and Nassau Island, for and xa?sau isi- ^ •' '' and, under a pe- carrying or bringing of any passengers, horses, cattle, hogs, oaity. sheep, goods, merchandise, or other things w^hatsoevcr, over the said ferry hereby rated, with or without any hire or re- ward, under the penalty of one hundred and twenty-five dol- lars for every such offence. 12. § LIV. And be it further enacted, That a sufficient K''"'?''^ ^'?'- P'-^^- ■* ^^ ' senfrers to be kept number of barges shall at all times be kept at the ferries for at tue terries, the transportation of passengers, and that the ferry-masters shall not suffer any baggage or lumber whereby any passen- ger shall be incommoded, to be put on board any of the said barges, under the penalty of two dollars for every offence, to be paid to any person who shall sue for the same. . 13. § LV. And be it further enacted, That the feri^'-mas- Number of men If.,. 1 , , to manage ferry- ters shall constantly keep m their employ not less than two boats. men to row in every barge, and two men in every horse-boat or large boat ; and if any of them shall neglect to keep the number of men in every boat, the ferry-masters or keepers of any of the ferries aforesaid, shall be liable to a fine of five dollars for every offence, to be recovered in the manner described by the fiftieth section of this act. 14. § LVI, And be it further enacted, That every barge Barges to be of employed in the said ferries shall not be less than twenty-two sfons!" feet in length, nor less than five feet and a half in breadth ; and that the ferry-masters or their agents shall not admit more than eighteen passeng43rs on board any of those barges, Number of pas- ' . 1 , , r 111 r r- sengers therein to at one tunc, under the penalty oi two dollars lor every of- be admitted. 248 FERRIES. fence, to be recovered from the^ ferry-masters by any person who will sue for the same, before any coui't having cog- nizance thereof. S^dSerSi^nf' 15.. § LVII. And be it further enacted, That the harbour Zfinlwllt%x. masters of the city of New- York, for the time being, shall be ^^'^^ ^ the persons who shall, at all times, on the complaint of any person, determine whether the boats are in the order and condition in which ferry-boats ought to be kept. Penalties relative 16. § LVIII. And bs it farther eiiacted, Thsit siil the -peuTil- riages, how re- tics and forfeitures imposed by the part of this act relating covered and ap- _ , . ^ ^ . , , propriated. to lemes and rates of ferriage, except where the same is herein before otherwise appropriated, may be recovered with costs of suit in any court having cognizance thereof, by any person who will sue for the same to effect, the one moiety whereof, when recovered, to be paid to the overseers of the poor of the city or town w^here the same shall be recovered, for the use of the poor thereof, and the other moiety to the person who will sue for the same.* * The right to establish Ferries is secured to the Corporation of the city of Xew-York by the charter of 1686, and by the second charter they have power to establish as many as they think proper. The ferry between the city of New York and the island of Kassau (Long Island) has been the subject of repeated enactments under the colonial, and since the organi- zation of the present government. It appears the mayor, aldermen, and commonalty of the city of New- York regulated the rates of ferriage, &c. under the charter until the 2d of No- vember, 1717, when an act was passed by the colonial assembly regulating the ferry ^nd establishing the rates of ferriage. S. & L. vol. 1, p. 108. This act was revived the 17tb of June, 1726 and 15th of November, 1737. S. & L. vol. 1, p. 145, 146. By an* act passed the 14th of October, 1732, the rates of ferriage and the regulation of the ferry were again esta- blished, and remained until the organization of the present government. The subsequent ' enactments may be seen in the list of acts relating to the city of New-York in this volume. It is mentioned in McCauley's History of the St-ate of New- York, vol. 2, p 450, (meaning it probably as an evidence of the simplicity or eccentricity of former times,) that an act was passed, (referring to the act of 1732,) regulating the rates of ferriage between New- York and Brooklyn, and of tlie rates fixed upon upwards of three Jmndred articles, there was one, giv- ing to the ferryman three eggs for every hundred carried to market : FINANCES— OP THE CITY. »4d [Thirty-Eighth Session. — Vol. 3, p. 157.} FJERRY-HOUSES. AN ACT authorizing the Corporation of New-York to erect Ferry Houses, of wooden materials, within the said City, Passed April 11, 181S. 1. Wooden buildings for ferry-houses may bo constructed. Whereas the mayor, aldermen and commonalty of the city of New- York, have by their memorial, presented to the legis- lature, prayed that they may be authorized to construct ferry- houses of wooden materials within part of the said city with- in which buildings are required to be constructed with brick or stone. And whereas it does not appear to the legislature that any inconvenience or danger w^ill arise from granting the prayer of the said memorialists : Therefore, 1. § 1. Be it enacted by the People of the State of New- York, represented in Semite and Assembly, That the mayor, aldermen and commonalty of the city of New- York be, and they are hereby authorized to cause such wooden buildings as they may deem proper for ferry-houses to be constructed upon the wharves or streets adjoining any or either of the present or future ferries from the said city to Long-Island, Staten-Island or New- Jersey, any law to the contrary there- of in any wise notwithstanding. [6 Webster, p. 436.] FINA]\CES"Of the City. CHAP. XCIX. 1. New-York city, recital respecting its finances, and application to the legislature oi» the subject. 9. Bonds, given by the corporation, rights of persons holding, not impaired. 4. Certificates to be given. 10. Binding on the corporation. 0. transferable; 7. Interest payable half or quarter yearly. 5. Comptroller, his duty. 8. PersoBs entrusted with the execution of this law, to give security. 2. Stock may be created. 3. Sum limited, and times of payment may be prescribed, 11. Redemption. 12. Tax, in what case may be laid to aid in redeeming stock. 13. A stock of S400,000 to be created. PassedJune 8, 1812. Whereas the mayor, aldermen and commonalty of the j city of New- York, have, by their memorial to the legislature 32 \ 250 FINANCES — of the city. represented, that by reason of the great expenses which they have incurred in the erection of public buildings in the city of New- York, in the purchase of grounds for public purposes, in the opening, enlarging and improving streets, in constructing wharves and piers, and in consequence of vari- ous other improvements of a permanent nature in the said city, they have found the ordinary revenues of the corpora- tion altogetlier inadequate to meet the demands which those expenses hnve produced, and that they have, therefore, from time to time, been obliged to raise money by bonds under their corporate seal to defray some of those expenses, and have also given other bonds as a security for the payment of the residue tlxcreof, representing further, that for the purpose of carrying into operation the plan which has lately been made by the commissioners appointed by an act of the legislature, for laying out the said city in streets, avenues and public squares, a sum of money will become requisite, which they despair of beinsr able to raise without lepjislative interference in their behalf; and praying that the legislature may pass an act per- mitting them to fund their present debt and provide for their future exigencies by creating a stock not exceeding nine hun- dred thousand dollars. And v/hereas the prayer of said me- morial appears reasonable, and is the more especially proper to be granted, inasmuch as the interest of the state at large is intimately connected with the prosperity and improvement of the city of New- York, and that prosperity and improve- ment essentially depend upon and will be materially increas- • ed by a permanent arrangement of the finances of this city, . • and thus establishing the credit of the corporation on a solid basis : Therefore, 2 ^ I. Be it enacted hy Uie People of the State of New-Yorhy represented in Senate and Assembly, That it shall and may be lawful to and for the mayor, aldermen and commonalty of of fhe city of New- York, as soon as conveniently may be after the passing of this, act, to create a public fund or stock, not exceeding nine hundred thousand dollars, and to be de- nominated "the New- York city stock," and that a proper book or books for receiving subscriptions to the said fund, be opened at such times and places as the common council of the said city, may from time to time direct and prescribe, to continue open each time so long as the said common coun- cil may direct, and until such sum as they shall direct shall FINANCES— OF THE CITY. 251 be subscribed for: Provided, that all the sums so subscribed 3 for shall not exceed in the whole the sum of nine hundred thousand dollars ; and the sums which shall be subscribed thereto, be payable at such times and places, and in such manner as shall, for that purpose, be prescribed by ordinan- ces or resolutions of the said common council, and either in specie or current notes of any bank or banks in the said city or in such of the bonds of the said mayor, aldermen and commonalty as may then be outstanding, according to the real value of the said bonds, after deducting such suins or demands as the mayor, aldermen and commonalty may have a legal right to set off against the said bonds in cases where any such right may exist. § II. And be it further enacted, That for the said sum so 4 subscribed and paid, the subscriber or subscribers shall be entitled to a certificate or certificates signed by the comp- troller of the said city, and countersigned by such person as the common council may direct, in such form as the com- mon council may prescribe, for a sum or sums which shall together be equal to the amount so subscribed and paid, and each and every sach certificate to purport in f^ubstance as follows, to wit : That the mayor, aldermen and cojnmonalty of the said city owe to such subscriber or subscribers, -a sum to be expressed therein, not less however than one hundred dollars, bearing an interest not exceeding seven per cent, per annum, the said inte^-est to be payable half yearly, or quarter yearly, as the said common council may see fit to direct, and the said principal not to be redeemable until fourteen years after the date of such certificate. § III. And be it further enacted, That it shall be the duty of § the said comptroller of the said city, to superintend the sub- scriptions to the said fund, to open books lor tiiC same, to is- sue the certificates above mentioned, to enter in books to be by him kept for that purpose, credits to the resp'^Ciiro sub- scribers for the sums to which they shall be respectively en- titled, to transfer the said credits from time to time, as shall be requisite to pay the interest thereupon, as the same shall become due, either by warrants to be prepared for the pur- pose, or in such other way as may be directed by the com- mon council of the said city, and generally to observe and 2W FINANCES— OF the city. perform such directions and regulations as shall, from time to time, be prescribed to him by the said common council, touching the execution of his said office. 6 § IV. And he it further enacted, That the said stock which shall be created by virtue of this act, shall be transferable only on the said books of the said comptroller, by the propri- etors of the said stock, his, her or their attorney, for that purpose duly qualified. 7 § V, And he it further enacted, That the interest upon the said stock, as the same shall become due, shall be payable half yearly on the first day of May and on the first day of November, or quarter yearly on the first day of May, on the first day of August, on the first day of November and on the first day of February, according to the terms of the said sub- scription or the agreement between the parties, and the certi- ficate aforesaid, unless either of the said days shall happen to be Sunday, and in such case, the interest shall be payable the next day. S § VI. And he it further enacted, That the persons entrust- ed by the common council with the execution of this act, shall before they enter on the duties imposed upon them, become bound in such sureties and to such amount, as shall be satisfactory to the said common council, conditioned for the faithful execution of the said duties entrusted to them. 9 § VII. And he it further enacted. That nothing in this act contained shall be construed, in any wise, to abridge or im- pair the rights of those persons who now hold bonds of the said mayor, aldermen, and commonalty of the city of New- York, who shall not subscribe to the said stock. IQ § VIII. And he it further enacted, That the certificates to be*issued, in mannner aforesaid, though not under the com- mon seal of the said mayor, aldermen and commonalty of the said city, shall be binding and obligatory upon the said cor- poration in like manner, and with like force and effect, as though the same were issued under the said common s€aL FINANCES— OF THE CITY. 253 § IX. And he it further enacted. That the faith of the said 11 mayor, aldermen and commonalty of the city of New- York, shall be pledged for the final redemption and payment of the stock, which shall or may be created pursuant to the provi- sions of this act, and that all and singular the revenues of the said mayor, aldermen and commonalty, shall be and they are hereby pledged and appropriated for the payment of the in- terest which shall become due on the said stock, and shall continue so pledged until the final redemption of the said stock ; and that in case the said revenues be not suflicient to satisfy and pay the whole of the said interest, then and in that case the faith of the state shall be, and the same is here- by pledged to pass such act and acts as shall from time to time be necessary, authorising the mayor, recorder, and al- dermen of the said city, to raise by tax, on the estates real and personal of the freeholders and inhabitants of and situ- ate within the said city, such sum and sums of money as shall and may be requisite to supply any and every such de- ficiency. CHAP. CI. AN ACT authorising the Mayor, Aldermen and Commonalty % of the City of New-York to create a Public Stock. Passed March 24, 1820. ' § 13. I. JBe it enacted by the People of the State of New-York, tS^^o^tfc!^^.. represented in Senate and Assembly, That it shall be lawful '*^'^'^" for the mayor, aldermen and commonalty of the city of New- York, to create a public fund or stock, not exceeding four hundred thousand dollars, in addition to the sum authorised to be created in and by the act, entitled " an act to regulate • the finances of the city of New- York," passed June 8, 1812, which said stock shall be denominated " the New-Yorlf city stock," and shall bear an interest not exceeding six per cent. per annum, which shall be paid quarter yearly : And further, That all the provisions of the said act, which are not herein otherwise provided for, shall have the same force and cflcct, to all intents and purposes, relative to the stock hereby au- thorised to be created, which they would have had provided the said act had been incorporated with, and made part of this act: Provided always, That nothing herein contained P''"^''«"- 254 FINES. shall be so construed as to deprive the holders of stock, cre- ated by said act, of any lien which they are entitled to by said act, upon the revenues of the said mayor, aldermen and commonaltv. [Laws of 1830, Chap. 320, j), 384.] 1. Additional provisions concerning the collection of fines in New- York. ^ 2. Duties of the clerks of the courts of record. 3. Dut}' of the clerk of the court of common pleas. 4. His compensation and payment over the residue of moneys collected. ' AN A CT to amend certain Provisions of the Revised Statutes, and in addition thereto. Passed April 20, 1830. .lons'^co^nJemTng 1- § 52. The forty- third section of the sixth title of chap- "n New-York.""' tcr eight, part third, shall be, and the same is hereby repealed ; and in lieu thereof, the following sections shall be inserted in the second article of the said title, at the end thereof, as sections forty-three, forty-four, and forty-five. of^Si^'counf of 2. ' § 48. It shall be the duty of the clerks of the several r^ecord. courts of rccord in the city and county of New- York, within twenty days after the adjournment of their respective courts, to deliver a list of the persons upon whom fines shall have been imposed by the said court, for their non-attendance as jurors,^ together with the amount of such fine, to the clerk of the said court of common pleas in and for the said city and county of New- York. Duty of clerk of 3. " § 44. The clcrk of the said court of common pleas shall court of common ,,. ,,.. ^, .,. , pleas. deliver to the district attorney oi the said city and county, the names of all persons who have been fined for their non- attendance as jurors, and whose fines have not been remitted by the said court of common pleas ; and the said district at- torney may proceed f o collect the same, by an action of debt to be brought in the said court of common pleas, and judg- ments may be entered for the amount of such fine and costs of suit. tion anT^ymJnt 4. " § 45. The .Said court of common pleas may allow the dueofmonies'coi- clerk of the Said court, out of the fines so collected as afore- lected. FIRE DEPARTMENT. 255 said, such reasonable compensation as to the court shall seem just, for the duties performed by him in pursuance of the pro- visions of this article. And for the services performed by him in relation to jurors for the city and county of New- York, the residue of the monies so collected, shall be paid over and applied as now provided by law.". [Fortieth Session — Vol 4, b. p. 48.] FIRE DEPARTMENT. CHAP. LIX. 1. Firemeiimcmbersof the Fire Department. 2. Fines how recovered. 3. Firemen maimed on duty, how provided for. 4. Chief engineer to decide claims. 5. 6. Fines how recovered and where, and with costs. 7. Competency of witnesses in certain cast4. AN ACT concerning the FircDepartment of the city of New- Yorh Passed February 23, 1817. \.^ \. Be it enacted by the People of the State of New-York^ Firemen men>- represented in Senate and Assembly, That all persons who now partment. are, or hereafter may be, appointed firemen by the mayor, aldermen and commonalty of the city of New- York, in com- mon council convened, . shall while they continue such fire- men, be, and they are hereby declared to be, members of the fire department of the city of New- York. 2. § II. Repealed by the act of 15th of January, 1819, vide the following. act. 3. § III. And be it further enacted. That any firemen of the Firemen maimed city of New- York, who shall, while in the performance of vided L.^^^ ^'^^ his duty, as such, so maim or injure himself as to render him thereafter unable to perform the said duties of a fireman, or who shall have so maimedhimself since the fifth day of May last, shall be and hereby is entitled to the benefit of the law, passed the 12th April, 1810, entitled "an act granting privi- leges to the firemen of the city of New- York," and fixing the time of their service ; Provided however, That he shall not re- proviso. ceive the certificate granting him the privileges of that act, 356 FIRE DEPARTMENT. until the expiration of the time he would have been compell- ed to serve, if he had not been so maimed or injured, in order to obtain such, certificate. S(fe'ST'° 4. § IV. A7id he it further enacted, That when any doubt exists, in the mind of the chief engineer, as to the claim of any firemen to the privileges of the foregoing section, it shall be his business to examine into such claim, and his decision shall be final. [Forty-Second Session — VoL 5, a. p. 5 J] CHAP. VL AN ACT to amend " An act concerning the Fire Department of the city of New-Yorh^'' passed February 2Sthy 1817. Passed January 15,1319. Whereas, the reference in the second section of the above mentioned act is to the act of 1813, instead of the act entitled, " An act for the more effectual prevention of fires in the city of New- York," passed April 11th, 1815: There- fore, vSedf ^""^ '"'"" ^ 5. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That the fines and penal- ties imposed by so much of the law passed April 11th, 1815, entitled, " An act for the more effectual prevention of fires in the city of New- York," as relates to the more effectual pre- vention of fires, shall and may be recovered, with costs of suit, in any court of record within this state, by the fire de- partment of the city of New- York, for their own use, and that the second section of the act hereby amended be and the same is hereby repealed. [Forty-third section, Vol 5, h. p. 119.] CHAP. CXXXI. AN ACT relating to the Fire Department in the city of New- York. Passed April 1, 1820. Finftsrecoveiabie § 6. Be it enacted hi/ the People of the State of New-York, re- with cosla. ' , •• cy a 7 Vni presented in Senate and Assembly, That the fines and penalties FIRE DEPARTMENT. 257 imposed by so much of the law passed the ninth of April, in the year one thousand eight hundred, and thirteen, entitled " An act to reduce several laws relating particularly to the city of New- York, into one act, as relates to the more effectual prevention of fires," shall and may be recovered with costs of suit, in any court of record within this state, by the fire department af the city of Nevv^-York, for their own use. \_Forty Seventh Session — V^oL 6, c. p. 25.] CHAP. XXXIV. AN ACT allowing Testimony in certain cases relating to the Fire Department in the city of Few-York. Passed February 6, 1824. 7. § I. Be it enacted by the People of the State of New-York, competenrjr of represented in Senate and Assembly, That in any action, suit, tain cases. or other proceeding which now is, or hereafter may be insti- tuted, commenced or prosecuted for the recovery or collec- tion of any fine, penalty or forfeiture, imposed by any exist- ing or future law of this state, or by any existing or future , faw or ordinance of the mayor, aldermen and commonalty of the city of New- York, and appropriated to the use of the fire department of the city of New- York, or of any of the fire companies in said city, it shall be no objection to the competency of any witness in any such action, suit, or other proceeding, for the recovery or collection of any such fine,^ penalty or forfeiture, so imposed and appropriated to the use of the fire department of the said city, or of any of the fire companies in said city, that he, the said witness, is, or has been a fireman of said city, or a member of the said fire de- partment, or is, or may become entitled to the benefit of the fire department fund of the city of New- York. 3:jr 258 FIRE LLMITS EXTENDED. FIRE LIMITS EXTENDED. CHAP. XXXIV. 1. Buildings within certain limits to be of stone or brick. 2. Act of April 11, 1815, extended. \ 3. Fire limita defined. AN ACT further to extend the act passed Apinl 11, 1815, en- titled " An Act for the more effectual prevention of Fires in the City of New-York:' Passed May 1,1829. The People of the State of New-York, represenied in Senate and Assembly, do enact as follows : 1. § 1. All dwelling-houses, store-houses and other build- ings, which from and after the first day of May next, shall be built or erected without the limits prescribed in and by the act entitled " An act in addition to the act for the more effect- ual prevention of fires in the city of New- York," passed April 12th, 1822, and to the west and south of the limits fol- lowing, that is to say : beginning upon the East river oppo- site Gouverneur-street and running thence through Gouver- neur-street to Division-street, and thence through Division- street to Catharine-street, including also the lots to the depth of one hundred feet on each side of Gouverneur-street, and on the south side of Division-street, through which the said line runs (or so much of said lots on Division-street, as are not embraced in the. provisions of any existing law for the prevention of fires in the said city ; also all dwelling-houses, store-houses and other buildings, which from and after the first day of May next, shall be built or erected without the limits prescribed in and by the act passed April 9, 1823, en- titled " xin act to amend an act, entitled * An act for the more effectual prevention of fires in the city of New^-York,' pass- ed April 11, 1815," and to the west and south of the limits following, that is to say : beginning upon the North or Hud- son's river opposite Spring-street, and running thence through Spring-street to Broadway, and thence through Broadway to Canal-street, including also the lots of ground to the depth of one hundred feet on the northerly side of Spring-street, be- tween Broadway and the North or Hudson's river, and also all dwelling-houses, store-houses and other buildings which from and after the first day of May next, shall be built or FIRE LIMITS EXTENDED. 259 erected without the limits prescribed in and by the act pass- ed March 21, 1827, entitled " 4-n act in addition to the act entitled * An act in addition to the act for the more effectual prevention of fires in the city of New- York,' passed April 12th, 1822," and to the west and south of the limits follow- ing, that is to say : beginning at a point in the centre of the Bowery, where it is intersected by Grand-street, and running thence through the Bowery to Houston-street, and thence through Houston-street to Broadway, including also the lots of ground to the depth of one hundred feet on each side of those parts of the Bowery and Houston-street through which the said line runs, shall be made and constructed of stone or brick, with party or fire walls rising at least six inches above the roof, and shall be covered, except the flat roof thereof, with tile or slate, or other safe materials against fire, and not with board or shingles ; piiovided such flat do not exceed two fifth parts of such roof, and that there be erected around the same flat a substantial balcony or balustrade. 2. § II. All the provisions and penalties in the said act, entitled "An act for the more effectual prevention of fires in the city of New- York," passed April 11,1815, shall have the same force and effect, to all intents and purposes, with respect to the districts embraced in the first section of this act, which they would have had, if the provisions of that act had been incorporated with and made part of this act. CHAP. CCXII. AN ACT to extend the Fire Limits in the City of New- Yank. Passed April 21, 1831. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 3. § 1. All dwelling-houses, store-houses, and other build- ings, which, after the first day of July next, shall be built or erected in the city of New- York, without the fire-limits of the said city, as the same may have been defined or extended by any act or acts heretofore passed, and within the follow- ing boundaries, that is to say: 1. Beginning on the East river opposite Rivington-street, 260 FIRE LIMITS EXTENDED. and running thence through Rivhigton-street to the Bowery ; thence through the Bowery to Division-street; thence through Division-street to Gouverneur-street; thence through Gouverneur-street to the East river ; and thence along the East river to the place of beginning ; including all the lots to the depth of one hundred feet on the northerly side of such part of Rivington-street, -and on both sides of such part of the Bowery as are comprised in the foregoing description. 2. Beginning at the intersection of Broadway and Spring- street, and running thence through Spring-street to a line drawn one hundred feet distant, westerly from the westerly side of Greene-street and parallel thereto ; thence along said line to Amity-street ; thence through Amity- street to the Sixth avenue ; thence through the Sixth avenue to Eighth-street; thence through Eighth-street to a line drawn two hundred feet distant, westerly from the westerly side of Broadway, "and parallel thereto ; thence along the last mentioned line to the centre of Tenth-street ; thence along a line parallel to the Bloomingdale road, and two hundred feet distant, westerly from the westerly side thereof, to Fourteenth-street; thence through Fourteenth- street to the Bowery ; thence through the Bowery to Hous- V toun-street ; thence through Houstoun-street to Broadway ; and thence through Broadway to the place of beginning, and including all the lots to the depth of one hundred feet on the southerly side of such part of Amity-street, and on the north- erly side of such part of Eighth-street, as are mentioued in the foregoing description : and, 3. Beginning at the intersection of the Bowery and Four- teenth-street, and running thence through Fourteenth-street to the First avenue ; thence through the first avenue to North- street ; thence through North-street to the Bowery ; and thence through the Bowery to Fourteenth-street, at the place of beginning, and including all 'the lots to the depth of one hundred feet on the northerly side of such part of Fourteenth- street, the easterly side of such part of the First avenue, and the southermost part of such side of North-street, as are mentioned in the foregoing description, shall be deemed to be within the fire limits of the said city, and shall be subject to all the provisions of the act for the more effectual prevention of fires in the city of New- York, passed April llth, 1815, and of the several acts to amend or in addition to the same. FIREMEN— PRIVILEGES OF. 261 [Thirty-Nnith Session — Vol, 4, a. p. 104.] FIREME]^--privileges of. 1. Certificates of service of firemen. 2. Fire department continued as a body corporate. 3. Wliat term of servico ; examples in certain cases. 4. Charter of firemen extended. 5. Power to purchase and hold real and personal estate. AN ACT granting privileges to the Firemen of tlie City of New-York. Passed ApriU2, 1810. 1. Repealed by the act of 4th April, 1829, vide the follow- ing act. 1. § II. And he it further enacted. That certificates of the certificates to be , , /, . 1 /> signed by clerk of tune that such persons as aforesaid have served as firemen, common council 111P1 t 1^ ^ ' ^ • ^"^ chief engi- signed by the clerk of the common council of the said city, "«»"• and by the chief engineer, shall be sufficient evidence thereof. 2. § III. And he it further enacted, That the fire depart- pj^.^ department mentofthe city of New- York, and their successors, shall body"corpor^a^te.'' continue to be a body corporate and politic in fact and in name, until the first day of May, in the year of our Lord one thousand eight hundred and thirty-eight, with all the rights, powers and privileges, and subject to all the provisions, re- strictions, limitations and conditions mentioned and contain- ed in the act, entitled " an act to incorporate the firemen of the city of New- York." CHAP. C. AN ACT to amend an Act entitled " An Act granting Privi- leges to tke^Firemen of the City of New York.^'' Passed April 4, 1S29. The people of the State of New-York, represented in Senate and Assembly, do enact asfollotos : 3. § 1. Every person who on the first day of February, in what term of the year of our Lord one thousand eight hundred and twenty- cmnin tllX '" nine, had been a fireman of the city of New- York, during sei-en, eight, or nine years, and who shall serve as such one 262 FIREMEN— PRIVILEGES of. V year thereafter ; and every person v^^ho on the said first day of February had been such fireman for six years, or a less period of time, and who shall serve as such for so long a time thereafter as shall make the vi^hole term of his service eight years, and every person vrho may have become such fireman after the said first day of February, and who shall serve as such for seven years, shall be for ever after such service ex- empted from serving as a juror in any of the courts of this state, and from all militia duty, except in cases where the militia are Ordered into actual service. § 2. The first section of the act hereby amended is re- pealed. chap: cxxxix. AN ACT to extend the Charter of tJie Firemen of ilie City of New-York, Passed April 16, 1831. p. 188. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 4. § 1. The act entitled " An act to incorporate the fire- men of the city of New- York," passed March the 20th, 1798, and all acts and parts of acts relating to the said corporation, and which are now in force, shall be continued in force until the first day of May, one thousand eight hundred and sixty, unless sooner altered, modified, or repealed by the Legisla- ture. 5. § 2. The said corporation shall ha-ve power to purchase, hold and convey any estate, real or personal, for the use and objects for which the said corporation was instituted ; but such real or personal estate shall not exceed the sum of fifty thousand dollars. FIRES— PREVENTION OF. 263 FIRES—Preveiition of. CHAP. CCXCI. 1. 43. Buildings to be of stone or brick. 2. Outside and party walls to be of certain tiiicknesa. 3. Regulations of roof and windows. 4. „ of timbers and beams. 5. „ of chimnies. & „ of front and walls. 7. „ of gutters. 8. „ of scuttles. 9. „ of plate pieces. 10. „ of anchors. 11. Buildings subject to provision of this act. 12. Buildings damaged by fire, how to be repaired. 13. Damages, how determined, 14. Roofsof steeples, cupolas, &c. 49. 15. Public buildings, 55. How may be covered. 16. Privies how built. 17. Penalty for violating law. 18. Buildings exempt from this act. 19. Ash holes. ^ ^ 20. Wooden sheds. ^ 21. Wood buildings. 22. Penalty for violating three last sections. 33. What houses, &c. common nuisances. 47. 53. 24, 25. Regulations respecting guMpowdcr. . 26. Penalty for violation. 27. Powder to be landed from vessels. 28. Transhipment of powder. 29. How to be carried through streets. . 30. Where to be stored when forfeited. 31. Notice to be given of seizure. 32. Search warrant to be issued in certain cases. 33. Seizure and proceedings. 34. Actions to recover powder, how and when brought, 35. This act not to apply to ships of war. 36. Seizure of powder duning any fire. 37, 38. Sulphur, &c. in what quantities to be kept, penalty. 39. Pitch, tar, &c. 40. Suits to recover penalties. 41. To be brought in one year. 42. Repealing clause. 44. Penalty for building contrary to act of April 11, 1815. 45. Buildings erected after passing act of 1815 within certain bounds. 46. Penalty for erecting buildings contrary to last section. 48. Certain buildings may be roofed with shingles. 50 Parts of act to reduce, &c. 1813, vol. 2, p. 3G5, repealed. 51. Buildings fronting on Harman-st to be of brick or stone. 51, 52. Provisions not to apply to leasehold estates. 54. Provision for new roofing buildings- 56. Penalty for firing guns in the city. 57. Firemen to be appointed by the Common Council. .58. Firemen exempted from certain duties. 59. Common Council to make rules for regulation of firemen. 60. Duty of the sherifl', &c. in case of fire. 61. Common Council to orrfcr inhabitants to provide fire buckets. 62. Loss of fire buckets how borno by the corporation. 63. Lost buckets to whom to belong when found. 64. In case of fire, mayor may order buildings to be torn down. .65. Idle and suspicious persons may be removed from fires. 66. Ordinances may be passed for cxtinguishing^firos. 67. Certain buildings required to be fire-proof. 68. Materials for buildings in certain districts prescribed* 261 FIRES PREI»E?mON OF. AN ACT to amend the Acts heretofore passed^ for the Preven- tion of Fires in the City of New-York, Passed April 20, 1830. p. 349, The People of the State of New-York, represented in Senate and Assembly, do enact as follows: Buiidingfitobaof 1- § 1- The outside and paity-walls of all dwelling-houses, stony or brick. gtore-hoUses, aiid other buildings hereafter to be erected or built within the fire limits of the city of New- York, as the same now exist or may hereafter be extended, shall be con- structed of stone or brick. Outside and par- 2. § 2. Thc outsidc and party walls of such buildings shall not be less than eight inches thick, except flues of chimneys, in any part thereof; and the party or end walls of such buildings shall rise and be extended to the roof, and so far through the same as to#nedt and be joined to the slate, tile,, or* other covering thereof, by a layer of mortar or cement. Roof. 3. § 3. Thc planking or sheeting of the roof of any such building, shall in no case be extended across the party or end walls thereof; and all such buildings, and to the top and sides of all dormer windows therein, shall be roofed or cover- ed with tile, slate, or other fire-proof material. Timbeig. 4. § 4. All beams and other timbers in the party walls of such buildings, shall be separated from each other at least four inches, by brick or mortar ; and all plate pieces in the front and rear walls thereof, shall recede from the outside of the wall at least four inches ; and such wall shall be built up and extended to the slate, or other fire-proof covering of the roof. chiMnics. 5' § 5. All discharging or arch pieces used in the chimnies- of any such building, shall recede from any flue in any such chimney at least four inches : No such chimney shall be start- ed or built upon the floor of the building, or be cut off to be supported below by wood ; and all hearths shall be support- ed with arches, of stone or brick. Jrmjt^ and rear q ^^^^ ^^ ^:^^^^^^, ^j^^jj ^^ ^^^^ -^ ^|^^ ^^^^^ ^^ ^,^^^ ^f ^^y building within such fire limits,^ where stone is now commoa- FIRES PREVENTION OF. 265 ly used ; Each lintel on the inside of the front or rear wall of every such building, shall have a secure brick arch over it ; and no bond timber in any wall thereof, shall in width and'thickness exceed the width and thickness of a course of brick ; and such bond timbers shall be laid at least eighteen inches apart from each other, on either side of any wall res- pectively. 7. § 7. All wooden gutters of any such building, over thir- Gutter«. ty feet in height from the level of the side-walk to the foot of the rafters, shall be lined or covered on the upper surface thereof with copper, zinc, or other fire-proof material. 8. § 8. All scuttles on any such building shall be made or scuttiei. covered with copper, zinc, iron, or other fire-proof material ; and all window shutters and doors in the rear of any such building, (if such building be over thirty feet in height, as aforesaid,) which shall be used as a ware-house or store- house for goods, shall be made of iron or copper. 9. § 9. All plate pieces in any such building as is describ- Piatt pueei. ed or mentioned in the first section of this act, shall be firm- ly secured with iron anchors ; and the cornice of every such building shall be hung in iron anchors. 10. § 10. The anchors so to be used at each end of any Anchor*, such cornice, shall be at least four feet long, including an an- gle of at least one foot, and shall be worked or built into the side or end walls of the buildirlg ; and such anchors used for supporting the centre of the cornice, shall return down the front of the building on the inner side, and shall be firmly se- cured to the front beam. 11. § 11. Every building of more than thirty feet in height BuUdings subject from the level of the side-walk to the foot of the rafters, which this ac7"'*"* shall hereafter be erected or built to the southward of a line distant one hundred feet north of the northerly side of Four- teenth-street, shall be subject to all the provisions of this act. 12. § 12. Every building within the fire limits, as the same Baiidinge dama- now exist, or may hereafter be extended, which may hereaf- it' ^**^ ^^^^' ter be damaged by fire to an amount equal to two-thirds of 34 fiGG FIRES PREVENTIOIf OF. the whole value thereof, after the lapse of at least fifteen years from the time of its first erection, shall be repaired or rebuilt according to the provisions of this act. Damagfia. 13. § 13. The amount or extent of such damage maybe determined by three indifferent persons residing in the said city, one of w^hom shall be appointed by the owner or own- ers of the building, another by the firewardens of the ward in which such building is situated, and the third by the two per- sons so appointed ; and the decision in writing of such three persons, or of any two of them, shall be final and conclusive, in all cases where such mode 'of determining the extent of any such damage shall have been agreed upon. ISofa^&c?'^*' ■^^* ^ ^^* ^^^ roofs, steeples, cupolas and spires of church- es or other public buildings, (where such public building shall stand at least ten feet distant from any and every other building,) may be covered with boards or shingles. Public buildings. 15. § 15. PubHc buildiiigs as mentioned in the last preced- ing section, are hereby defined to be such buildings as shall be owned and occupied for public purposes by this state, the United States, the corporation of the city of New- York, or the public school society. Privies. 16. § 16. All privies not exceeding ten feet square and fifteen feet in height, and all fire engine houses belonging to the cor- poration of the said city, and all lime and ferry houses which shall be erected with the express permission of the said cor- poration, may be built and covered with wood, boards, oi* shingles. Penalty. 17. § 17. The owncr or owners of any building who shall violate any of the foregoing provisions of this act, shall, for every such offence, forfeit and pay the sum of five hundred dollars ; and every builder who shall be employed, or assist in so doing, whether he be an owner of such building or not, shall, for every such offence, forfeit and pay the additional sum of two hundred and fifty dollars. «emi? from pro' l®- § 18. The forcgoiug provisious of this act shall not visions of act. apply to any building heretofore erected by any lessee or FIRES. PREVENTION OF. lessees, or other persons possessed of a leasehold interest in any lands, tenements, or hereditaments, and which, by any express exception in any law heretofore passed, relative to the prevention pf fires in the city of New- York, would be ex- empt from the provisions of such law. 267 19. § 19. All ash holes or ash houses within the said city shall be built of stone or brick, without the use of wood in any part thereof. Ash-holes. 20. §20. No wooden shed exceeding twelve feet in height vvooden sheds. at the peak or highest part thereof, shall be erected within the fire limits of the said city, as the same now exist, or may hereafter be extended. 21. §21. No wooden building shall be raised, enlarged, wooden buiid- or built upon, or removed from one lot to any other lot, within such fire limits, as the same now exist, or may here- after be extended. 22. § 22. The owner or owners of any ash house or ash hole, wooden shed or wooden building, who shall violate any of the provisions of the nineteenth, twentieth or twenty-first sections of this act, and every master builder who may be employed or assist therein, shall, for every such offence, sev- erally forfeit and pay the sum of two hundred and fifty dol- lars ; and such owner or owners shall forfeit and pay the ad- ditional sum of fifty dollars, for every twenty-four hours du- ring which such ash house or hole, wooden shed or wooden building,, shall remain, in violation of any such provision, after due notice shall have been given to remove the same. Penalty, 23. § 23. Every house, shed, or other building of any de- sane"?"'""" ""'' scription whatsoever herein before mentioned, which shall hereafter be erected, built, roofed, repaired, altered, enlarged, built upon, or removed, contrary to any of the foregoing pro- visions of this act, shall be deemed a common nuisance. 24. § 24. It shall not be lawful for any person or persons to have or keep any quantity of gunpowder exceeding twen- ty-eight pounds in weight, in any one house, store, building, or other place in the city of New- York, to tiie southward of Gunpowder. 268 FIRES— PR|EVENTION OF. a line running through the centre of Fourteenth-street, from the North to the East river ; or to lade, receive, have, or keep any greater quantity of gunpowder than as aforesaid, on board of any ship, vessel, boat, or other water craft what- ever, within three hundred yards from any wharf, pier or slip, in that part of the city lying southward of the said line. How to be kept. 25. § 25. All gunpowder which may be kept in the said city, or on board of any ship, vessel, boat or other water craft, to the southward of the line mentioned in the last sec- tion, shall be kept in stone jugs or tin canisters, which shall not contain more than seven pounds each. Penalty. 26. § 26. If any person or persons shall have or keep any gunpowder in the city of New- York, or on board of any ship, vessel, boat or other water craft, to the southward of the said line, in any manner contrary to the foregoing provisions of this act, either as to quantity or as to the manner of keep- ing the same, he, she or they, shall forfeit and pay the sum of one hundred and twenty-five dollars for every hundred pounds of gunpowder so had or kept, and in that proportion for a greater or less quantity ; and all such gunpowder shall be forfeited to the fire department of the said city. Powder to te 27. § 27. The commander or owner or owners of every landed from ves- ^^j^ ^^ other vesscl arriving in the harbor of New- York, and having more than twenty-eight pounds of gunpowder on board, shall, within forty-eight hours after such arrival, and before such ship or vessel shall approach within three hun- dred yards of any wharf, pier or slip, to the southward of a line drawn through the centre of Fourteenth-street as afore- said, cause the said gunpowder to be landed by means of a boat or boats, or other small craft, at any place without the said limits which may be most contiguous to any magazine for storing gunpowder, and shall cause the said gunpowder to be stored in such magazine, on pain of forfeiting the same to the fire department of the city of New- York. Transhipment of 28. § 28. It shall be lawful either to proceed with any such powder. gj^-p ^j. yggg^j ^Q ggg^^ within forty-eight hours after her arrival, or to tranship such gunpowder from one ship or vessel to FIRES PREVENTION OF. 269 another, for the purpose of immediate exportation, without landing such gunpowder as in the last section is directed ; but in neither case shall it be lawful to keep such gunpowder for a longer time than forty-eight hours in the harbor of New- York, or to approach with the same within three hun- dred yards of any wharf, pier or slip in the said city, to the southward of the line specified in the last section, on pain of forfeiture as therein mentioned. 29. § 29. All gunpowder which shall be conveyed or car- how w be car- ried through any of the streets of the city of New- York, in any car^ carriage, wagon, wheelbarrow or otherwise, shall be secured in tight casks or kegs, well headed and hooped, each of which shall be put into and entirely covered with a leather bag or case, sufficient to prevent any such gunpow- der from being spilled or scattered ; and all gunpowder which shall be conveyed or carried through any of the said streets, in any other manner than as above directed, shall be forfeit- ed to the fire department of the said city. 30. § 30. In every case of a violation of any provision of wheretobestor- this act, where the penalty prescribed thereby for such vio- *^ lation is the forfeiture of any gunpowder to the said fire de- partment, it shall be lawful for_ any fire-warden of the said city to seize such gunpowder in the day time, and to cause the same to be conveyed to any magazine used for the purpose of storing gunpowder. 31. § 31. It shall be the duty of every person who shall Notice to be given ' ^ . "^ ♦^ ^ of seizure. have made any such seizure, forthwith to inform the mayor or recorder and any two aldermen of the said city thereof; and the said mayor or recorder and aldermen shall thereupon inquire into the facts and circumstances of such alleged vio- lation and seizure, for which purpose they may summon any person or persons to testify before them, and they shall have power, in their discretion, to order any gunpowder so seized to be restored. 32. § 32. Whenever any inhabitant of the said city shall search warrant make oath before the mayor or recorder, or any two alder- ^^rtal'nM^','*'" men, or any two special justices thereof, of any fact or cir- 270 FIRES — PRE^iENTION of. cumstance which in the opinion of the said mayor, recorder, aldermen or special justices, shall afford a reasonable cause of suspicion that any gunpowder has been brought or is kept within the said city, or in the harbor thereof, contrary to any provision contained in this act, it shall be lawful for the said mayor, recorder, aldermen or special justices, to issue his or their warrant or warrants, under his or their hand and seal, to any sheriff, marshal, constable, or other fit person or persons, commanding him or them to search for such gun- powder in the day time, wheresoever the same maybe in viola- tion of this act, and to seize and take possession of the same if found ; but no person having or acting under any such search-warrant, shall take advantage thereof to serve any civil process whatever. and seizure mile 33. § 33. It shall be lawful for any pcrson or persons who, by virtue of any such warrant, shall have seized any gun- powder, to cause the same within twelve hours in the day time after such seizure, to be conveyed to any magazine used for storing gunpowder ; unless the said mayor or re- corder and any two aldermen of the said city, should, in the manner directed by the thirty-first section of this act, order the same to be restored, such gunpow^der shall be detained in such magazine, until it shall be determined by due course of law, whether the same may have become forfeited by vir- tue of this act. Actions to recov- 34. § 34. All actions or suits for the recovery of any gun- and when 'to be powdcr which may have been seized and stored in any maga. zine by virtue of this act, or for the value thereof, or for damages sustained by the seizure or detention thereof, shall be brought against the fire department of the city of New- York, and shall be commenced within three calendar months next after such seizure shall have been actually made ; and in case no such action or suit shall have been commenced within such period, such gunpowder shall be deemed abso- lutely forfeited to the said fire department, and may be im- diately dehvered to the proper oflicers thereof for its use. No penal damages shall be recovered in any such action or ■ suit ; and such gunpowder may, at any time during the pen- dency of any such action or suit, by consent of the parties thereto, be removed from anv maoazine where the same may I FIRES PREVENTION OF. 271 have been stored : or may be sold, and the monies arising from such sale may be paid into the court where such suit or action may be pending, to abide the event thereof. 35. ^ 35. Nothinsr contained in this act shall be construed This act not to ■* ° 1 • r 1 ^PP^y ^° ships of to apply to any ship or ve?,sel of war in the service of the war. United States, or of any foreign government, while lying distant three hundred yards or upwards from the wharves, piers or sHps of the said city. 36. § 36. If any gunpowder exceeding twenty-eight pounds seizure of pow- in quantity, shall be found in the possession or custody of any fire. "'"^^ "* person, by any firemen of the said city, during any fire or alarm of fire therein, it shall be lawful for such firemen to seize the same without any warrant, and to report such sei- zure without delay tp the mayor or recorder of the said city; and it shall be determined by the said mayor or recorder and any two aldermen of the said city, in the manner directed by the thirty-first section of this act, whether such gunpowder should be restored, or the same shall be conveyed to a maga- zine for storing gunpowder, and there detained, until it be decided by due course of law, whether such gunpowder be forfeited by virtue of this act. 37. § 37. No quantity of sulphur more than ten hundred guiphur, &c. in weight, or of hemp or flax than twenty hundred weight, or w^b^ekeTi^"^'^'' of pitch, tar, turpentine, rosin, spirits of turpentine, varnish, linseed oil, oil of vitrol, aqua fortis, ether, or shingles, than shall be allowed by the common council of the city of New- York, shall be put, kept,* or stored in any oi^ place in the said city to the southward of a line drawn through the cen- tre of Fourteenth-street, unless with the permission of the said common council. 38. § 38. Every person who shall violate either of the pro- visions of the last section, shall, for every such offence, forfeit and pay the sum of twenty-five dollars ; and in case any such person or persons shall neglect or refuse to remove any of the articles prohibited by the said section, within such time as may be allowed for that purpose by the mayor or recorder, or any two aldermen of the said city, he, she or they shall, for Penalty, 2T2 FIRES — PRE\tENTION OF. every such neglect or refusal, forfeit and pay an additional sum of twenty-five dollars. Pitch, Tar, ice. 39. ^ 39. Nothing herein before contained, shall be constru- ed to prohibit any ship-chandler from keeping, at any time, in any enclosure in the said city, any quantity of pitch, tar, rosin or turpentine, not exceeding twenty barrels in thq whole. Suits to recover 40. § 40. All pecuniary penalties imposed by this act, may penalties. ^^ ^^^^ ^^^ ^^^ recovered, with costs of suit, in any court having cognizance thereof, by the proper officers of the fire department of the said city, for the use of the said fire de- partment. To be hroH in 41. § 41. All actious for any forfeiture or penalty incurred under this act, shall be commenced within one year next af- ter the time of incurring such forfeiture or penalty. one year. Repeal. 42. § 42. All laws or parts of laws heretofore passed, in- consistent with the provisions of this act, are hereby declar- ed to be repealed ; but such repeal shall not affect any suit or prosecution already commenced, or any penalty, forfeiture or offence already incurred or committed, under any such law or part of a law. [Thirty-Eighth Session^Vol. 3, c. p. 157.] CHAP. CLV. AN ACTfatkhe more effectual prevention of Fires in the City ofNeW'York. Passed April IF, 1815. 43. § I. The first section repealed by the act of April D^ 1823, p. 507. Penalty for build- "^4. ^ 11. And he it further enacted^ That if any dwelling- thfs a° t '^"^ *** house, store-house, or other building whatsoever, shall be erected or roofed contrary to the preceding section of this act, the proprietor or proprietors thereof shall for every such offence forfeit and pay the sum of five hundred dollars ; and every builder who shall build or roof,, or assist in building FIRES — PREVENTION OF. 273 or roofing such dwelling-house, store-house, or other building, contrary to the said section, whether he be proprietor or not, shall, for every such offence, forfeit and pay the sum of two hundred and fifty dollars, to be recovered, with costs of suit, in any court of record within this state, by the treasurer or chamberlain of the said city, for the use of the poor thereof, and when recovered shall be appropriated by the common council of the said city in the same manner as the monies raised by tax for the maintenance of the poor of the said city are by law directed to be applied ; and no such action or suit shall be abated or discontinued by the death, resignation, removal from office, or other change of such treasurer or chamberlain, but shall and may be continued and prosecuted to effect by his successor in office. 45. § III. And he it further enacted, That all dwelling- Buildings erected ,,',.,,. atier tlie passing houses, store-houses, and other buildmcfs whatsoever which, of this act be- ,,,,,, tvveen certain after the passin^]: of this act, shall be built or erected within bounds, &c. shaij ^ ° , not be niciuded the said city, that is to say, within that part of the said city ExlJ.'JjJd b^^^the situate between the above mentioned line and a line begin- ^^-^^^ ^^^y ^' ning at the North river at a place called Deklyne's ferry, a little to the northward of the state-prison, and running thence easterly in front of the new banking houses to the road com- monly called the Sandy-hill road, and through the said road to the northward of Potter's field and the house of William Neilson, to the Bowery, and across the Bowery to a street commonly called Stuyvesant-street, and through the middle thereof to the East river, (and which shall not be included within the first section of this act) and which from the sur- face or level of the street or ground to which such building shall adjoin, either in the front or in the rear, to the foot of the rafter, shall be more than thirty feet, or of more than two stories, shall be made and constructed of stone or brick, with party or fire walls rising at least six inches above the roof, and shall be covered, except the flat roof thereof, with tile or slate, or other safe materials against fire, and not with boards or shingles : Provided, Such flat do not exceed two equal fifth Proviso, parts of the space of such roof, and that there be erected around the same a substantial balconv or balustrade. !|74 FIRES PREVENTION OF.' Buildings erected 46/§^lV. And he it further e7iacted, Th^t H ^nj dwelling- last sec. proprie- house, store-housG, OP Other buildinff whatsoever, shall be tors sliall forfeit ° • c 400 dollars. erected or roofed contrary to the last preceding section of . this act, the proprietor or proprietors thereof shall, for every such offence, forfeit and pay ihe sum of four hundred dollars ; and every builder vi^ho shall build or roof, or assist in build- ing or roofing such dwelling-house, store-house, or^ other building, contrary to the said last preceding section, whether he be the proprietor or not, shall, for every such offence, for- feit and pay the sum of two hundred dollars, to be[recovered, with costs of suit, in any court of record within this state, by the treasurer or chamberlain of the said city, for the use of the poor thereof; and when recovered, shall be appropriated by the common counciKof the said city in the manner afore- said ; and no such action or suit shall be abated or discontin- ued by the death, resignation, removal from office, or other change of such treasurer or chamberlain, but shall and may be continued and prosecuted to effect by his successor in office. And the more effectually to prevent the erection of any dvv'elling-house, store-house, or other building, within the said city contrary to this act, Buildings erected 47. § V. Aiid 1)6 it far th 67^ enacted, That every such dwell- acrd^raS niu ing-housc, storc-house, or other building which, after the pass- ing of this act, shall be erected or roofed within the said city contrary to this act, shall be deemed a common nuisance; and the justices of the supreme court, and the justices of the courts of oyer and terminer and general jail delivery, and the justices of the courts of general sessions of the peace shall, within the said city, li^ve cognizance of such offences, and are hereby enjoined and required in all and every of the charges hereafter to be made and given by them to the grand juries in their respective courts, strictly to charge such grand jurors diligently to inquire into and to present all offences against this act ; and the court to which an indictment or presentment shall be preferred for such offence, shall be and hereby is empowered and enjoined to prosecute such indict- ment, or cause the same to be prosecuted in the usual man- ner of prosecutions, and upon conviction to adjudge such fines and penalties as they in their discretion shall think fit sances. FIRES— PREVENTION OF. 275 and proper ; and also, in their discretion, to cause such nui- sance to be abated and removed. 48. § VI. And he it further enacted. That if any dwelling- certain buiid- house, store-house, or other building already erected, and ed wuii shingles. now covered with boards or shingles, within the said city southward and westward of the line last mentioned, shall at any time hereafter require to be new roofed, it shall and may be lawful for the proprietors to roof the same with boards or shingles, or in such other manner as was customary before the passing of this act, any thing herein contained to the con- trary notwithstanding. 49. § VII. And he it further enacted. That all roofs, stee- steeples and cu- ples, cupolas and spires of churches, and other public build- ings, may be covered with boards and shingles ; and all privies not exceeding ten feet square and fifteen feet in height, and all fire-engine houses of the corporation, and all lime houses which shall be erected by the express permission of the corporation, may be built of wood and boards, and cov- ered with boards or shingles, any thing in this act to the con- trary notwithstanding. 50. § VIII. And he it further enacted, That the fifty-ninth, faw'r°p?aieT'' sixtieth, sixty-first, sixty-second, sixty-third, sixty-fourth and sixty-fifth sections of the act entitled " An act to reduce sev- eral laws relating particularly to the city of New- York into one act," passed April 9, 1813, be, and the same hereby are repealed : Provided however, That such repeal shall not af- fect any suit or prosecution commenced, or penalty or of- fence incurred or committed previous to the passing of this act, but every such suit or prosecution may lawfully proceed, and every such penalty or offence be demanded, prosecuted, recovered or punished, as the case may be, as if the said sec- tions of the said act had remained in full force. 27G FIRES PREVENTION OF. CHAPTER CCIII. AN ACT in addition to the Act for the more Effectual Pre- vention of Fires in the City of New-York. Passed April 12, 1822. Buildings front- 51. § I. BE it cuacted by the People of the State of New- ing Harman St. * J r j ^ &c to be built of YorL represented in Senate and Assembly, That all dwelling- bnck or stone. ' -^ -^ ' ° houses, store-houses, and other buildings, which from and after the passing of this act, shall be built or erected fronting on Harman-street, and on that part of Clinton-street which lies between Harman-street and Cherry-street, and also within that part of the said city which lies between Harman- street and Cherry-street, and between Clinton-street and Catherine-street, shall be made and constructed of stone or brick, with party or fire walls rising at least six inches above the roof, and shall be covered, except the flat roof thereof, with tile or slate, or other safe materials against fire, and not Proviso. ^[^Y^ boards or shingles : Provided, Such flat do« not exceed two fifth parts of such roof, and that there be erected around the same flat a substantial balcony or balustrade. Said provisions 51. ^ H. And bc it farther enacted, That the said provi- not to apply m ^ "^ ' ^ iwut^iic^''^^^ sions and regulations shall not extend or apply to any build- ing whatsoever that shall be erected or built upon any lands, tenements or hereditaments, fronting upon the said streets, or within the said limits, by any lessee or lessees, or other person or persons possessed of a leasehold estate, or interest of and in such lands, tenements or hereditaments, for any term of years, whereof not more than twenty years shall be Proviso. unexpired at the passage of this act : Provided neviertheless. That every such lot of land so being under any such lease shall not be exempted from the operation of this act any longer than until such lease shall have expired. Penalties. 52. § HI. And be it further enacted, That if any dwelling- house, store-house, or other building whatsoever, shall be erected or roofed- contrary to the preceding section, the pro- prietor or proprietors thereof shall for every such offence, forfeit and pay the sum of five hundred dollars ; and every builder who shall build or roof, or assist in building or roof- FIRES— PREVENTION OF. 277 \m such dwelling house, store-house, or other building, con- trary to the said section, whether he be proprietor or not, shall for every such otrcnce, forfeit and pay the sum of two hundred and fifty dollars, to be recovered, with costs of suit, in any court of record within this state, by the fire depart- ment of the city of New- York, in their own name, and for their own use. 53. 6 IV. And be it further enactedj That every^ such dwell- Buildings erected I 1 M 1 1 • 1 V 1 contrary to this inir house, Store house, or other buildmff, which, alter the pass- act to be deemed common nui ing of this act, shall be erected or roofed within the fire limits sance of said city contrary to this act, shall be deemed a common nuisance, and the justices of the supreme court, and the jus- tices of the courts of oyer and terminer and general, jail delivery, and the justices of the courts of general sessions of the peace shall, within the said city, have cognizance of such offences ; and the court to which an indictment or pre- sentment shall be preferred for such offence, shall be and hereby is empowered and enjoined to prosecute such indict- ment, or cause the same to be prosecuted, in the usual man- ner of prosecutions, and upon conviction, to adjudge such fines and penalties as they in their discretion shall think fit and proper, and also in their discretion, to cause such nui- sance to be abated and removed. 54. § V. And he it further enacted, That if anv dwellincj As to huiiiiiniL'^ *' already erected. house, store-house, or other building, already erected and now covered with boards or shingles, fronting on the said streets, or wuthin the said limits, shall at anytime here- after require to be roofed, it shall and may be lawful for the proprietors to roof the same with boards or shingles, or in such other manner as was customary before the passing of this act, any thing herein contained to the contrary not- withstanding. 55. § VI. And heit further enacted. That all roofs, steeples. Public bniidinss, cupolas, and spires of churches, and other public buildings, erl-ii 'St h "boards maybe covered with boards and shingles, and all privies not " ' ' '"^ exceeding ten feet square and fifteen feet in height, and all fire engine houses of the corporation, and all lime houses which shall be erected by the express permission of the cor- poration, may be built of wood or boards, and covered with 278 FIRES PREVENTION OF. boards or shingles, any thing in this act to the contrary not- withstanding. Act to reduce, <^c. 2 Revised Laws of 1813, j5. 366. gun?&c^npaS ^^' § LXXIII. And be it further enacted, That if any per- of the city. gQ^ ^\iq\i fire or discharge any gun, pistol, rocket, cracker, squib, or other fire-work in any street, lane or alley, gar- den, or other inclosure, or from any house, or in any other place where persons frequently walk to the southward of the fresh water, every such person, for every such offence shall forfeit and pay two dollars and fifty cents, to be sued for, re- How recovered covcred and applied as is directed in and by the last preced- app ic . .^^^ section of this act ; and in case any such offender be a Master answera- slavc, tlic owucr or Dosscssor of such slavc shall bc answer- ble for offences of , ^ slave. able in the same manner as if the act had been done by such owner or possessor. Firemen to be ap- ^7. § LXXIV. And be it further enacted, That it shall be council. ^^ ^^^^' lawful for the mayor, aldermen and commonalty of the said city, in common council convened, and they are hereby re- quired from time to time, and as often as it shall be neces- sary, to appoint a sufficient number of strong, able, discreet, honest and sober men, wiUing to accept such appointment, Tobefreehoideis beincT freeholders or freemen of the said city, to have the or freemen. o •^ ' care, management, working and using the fire-engines, and the other tools and instruments now provided, or hereafter to be provided, for extinguishing of fires within the said city; which persons so to be appointed shall be called the firemen of the city of New- York, and who, with the engineers of the Their duty, samc city, are hereby required to be ready at all times, as well by night as by day, to manage, work and use the same fire-engines, and other the tools and implements aforesaid. edTom ""iSn ^^' § LXX V. And be it further enacted. That the persons so public duties. ^^ ]jq appointed firemen, and every of them, during their con- tinuance in that office, and no longer, shall be exempted from ^ serving in the office of constable, and from being impannell- ed or returned upon any juries or inquests, and of and from militia duty, within the said city, except in cases of invasion or other imminent danger ; and the names of all firemen to Thpirnamesio bc appointed by virtue of this act, shall be registered with be registered. ^^^ ^j^^.j^ ^^ ^^^^ ^ediCQ of the said city, and his certificate shall FIRES PREVENTION OF. 279 be sufficient evidence in all courts and cases of such exemp- tion: And further. That it shall be lawful for the mayor, th^cXcolTndf aldermen and commonalty of the said city, in common coun- cil convened, to remove all or any of the firemen now ap- .pointed, or to be appointed by virtue of this act, when and as often as they shall think fit, and to appoint others in their * stead. 59. § LXXVI. And he it further enacted, That it shall be Com^ 'rX^aild lawful for the mayor, aldermen and commonalty of the said £|^gjj^°* ^""^ city, in common council convened, to make and ordain such rules and regulations in respect of the government and duty of the persons by them appointed firemen, in the working, managing and frequent exercising, trying and using of the same fire-engines, tools, and other instruments, and to impose And impose and establish such reasonable fines, penalties and forfeitures upon them, or any of them, for default or neglect of the du- ties and services thereby to be required from them, as they shall from time to time think proper. 60. § LXXVII. And he it further enacted, That upon the Duty oniie she- breaking out of any fire within the said city, the sheriff, de- rij^, constables puty sheriffs, constables and marshals, upon notice thereof, cieSrc.^^' '" shall immediately repair to the place where such fire shall happen, with their rods, staves, and other badges of authority, and be aiding and assisting, as well in the extinguishing of the said fires, and causing the persons attending the same to work, as in preventing any goods or household furniture from being stolen at such fires, and shall seize all persons whom they find stealing or pilfering, and the oflicers afore- said shall also give their utmost assistance to the inhabit- ants in removing and securing their said goods and furni- ture ; and in the execution of the duties required from them by this act, shall be obedient to the orders of the mayor, recorder and aldermen of the said city, or such of them as shall be present at such fires. 61. § LXXVIII. And he it further enacted, That it shall com. councu to be lawful for the mayor, aldermen and commonalty of the ^^ provide isre- . , . . ., , , '' buckets. said City, in common council convened, by ordinances by them for that purpose to be made, to direct the inhabitants or nnd how borne by the corpora- lion. 280 FIRES— PREVENTION OF. owners of houses or other buildings in the said city, to fur- nish themselves with such, and so many fire buckets, to be ready in their respective houses and other buildings, for the pui'pose of extinguishing fire^ which may happen in the said city, and to impose and establish such reasonable fines, pen- i.enaUiJsiwl^^ ^^^^^^ and forfciturcs for every neglect, default or disobedi- ^'^^^- ence thereof, as they shall think proper. bucketsfwhet ^2. § LXXIX. And be it further enacted, That in case any prrson shall lose any bucket at any fire which may happen in the said city, and shall within sixty days thereafter make proof thereof before the mayor, recorder, or one of the al- dermen of the said city, of the value of such bucket, and that the same was actually lost or destroyed in that service, in such case the mayor, aldermen and commonalty of the said city, in common council convened, shall by warrant under the hand of the mayor or recorder, presiding at such com- mon council, directed to the chamberlain of the said.city, or- der the value of such bucket to be paid to such person so making proof of the loss thereof, out of any monies remain- ing in his hands for the contingent expenses arising in the said city : and if any person shall at any time thereafter be convicted of having taken afalse oath touching the premises, such person shall incur the penalties of wilful and corrupt perjury. Lost buckets to 03. § LXXX. And be it further enacted^ That if any such whenVound!''"^'^ buckcts SO provcd to bc lost, shall afterw^ards be found, the property thereof shall thenceforward be in the mayor, alder- men and commonalty of the city of New- York, unless the owner thereof shall take back the same, and return the mo- ney allowed and paid for the loss thereof. In case of fire (54, ^ LXXXI. Aud be it further enacted, That when any the mayor, &c. ^ , "^ •' may order bniid- buildiucT or buildiuffs ifi tlic city of New- York shall be on fire, nifi8 to bc pulled & o ^ ^^"^^"' it shall be lawful for the mayor, or in his absence the record- er of the city, with the consent and concurrence of any two of the aldermen thereof, or for any three of the aldermen, to direct and order the same, or any other building which they may deem hazardous, and likely to take fire, or to convey the fire to other buildings, to be pulled down or destroyed ; and uj)on the application of any person interested in such FIRES — PREVENTION OFi 281 building so pulled down or destroyed, to the mayor or re- ,HS?horeSy; corder, or any two aldermen, it shall be their duty to issue a ^4^ asceruia- precept for a jury to inquire of and assess the damages which the owners of snch building, and all persons having any es- tate or interest therein, have respectively sustained by the pulling down or destroying thereof; which precept shall be issued, directed, executed, returned and proceeded upon, and the proceedings thereon shall take effect, as nearly as may be, in such manner as by the two hundred and nine- teenth section of this act are directed, in relation to ground taken for the purposes therein mentioned ; and the said in- ^ And to be paM ^1 ' by corporation to quiry and assessment having been confirmed by the mayor's p^" austaia- court, the sums assessed by the said jury shall be paid by the said mayor, aldermen and commonalty, to the respective , persons in whose favour the jury shall have assessed the same, in full satisfaction of all demands of such persons re- spectively by reason of the pulling down or destroying such building ; and the mayor's court, before whom any such process shall be returnable, shall have power to compel the attendance of jurors and witnesses upon any such assessment of damages. 65. § LXXXII. ^716? be it further enacted, That during the ,f^^i« '"pJrS!?' actual prevalence of any such fire as aforesaid, it shall and JJJm fir ^r"^^^** may be lawful for the mayor, recorder, and each of the alder- men of the said city, to remove or cause to be removed and kept away from the vicinity of such fire, all idle and suspicious persons, and all persons not fit to be employed or not actu- ally and usefully employed in the judgment of the said mayor, recorder or aldermen, in aiding the extinguishment of such fire or in the preservation of property in the vicinity thereof. 66. § LXXXIII. And he it further enacted, That the sum Damnirr.sforpnfr assessed by such iurv as aforesaid, for any buildini? so pulled nxh m tuno of 1 1 \ c • , , , ° , . fire, to br b«rr»e down or destroyed asaioresaid (the same assessment and m- by com. eouucy. quiry having been confirmed by the court) shall, together with the expenses of the proceedings for such assessment, be borne and defrayed by the said mayor, aldermen an(l^ com- monalty. 67. 6 LXXXIV. And be it further en/ ictcd, That the mayor, t»'orizcd to pass t I 1-1 • • *r -» 1 orduiaiK.cs fnt aldermen and commonalty ol the citv ot New- York, in ^*'*^ e.viinKu>h ^ nif.-nt and preven- 36 lk)u of feres. 282 FIRES— PREVENTION OF. common council convened, shall- from time to time, and as often as they deem it necessary, have poweV to pa'^s and pro- vide, for the due execution of ordinances, as they may deem proper, for the more efiectua^ prevention and extinguishment of fires in the said city, and to compel the attendance of all engineers and firemen, and such other persons as they may deem necessary to assist at- 4he extinguishment of fires, and to prescribe the duties required of such engineers, firemen and other persons ; and also to regulate the keeping, cart- ing, conveying or transporting of gunpowder or any other combustible or other dangerous material, witKin the bounds of the said city, and to provide for the forfeiture thereof, . if the same shall be kept contrary to such law ; and also to •. regulate the use of lights, and candles in liveiy and other stables within the same city; and also to remove or prevent the construction of any fire-place, hearth, chimney, stove, oven, boiler, kettle or apparatus used in any manufactory or business which may be dangerous in cj^using or promoting fires ; and also to direct the construction of deposits for ashes in safe and suitable places, ajid of materials secure against fire ; and for that purpose to authosizc such suita.l)Ic officer or ofliccrs as they may think proper, and at such rea- sonable times as they shall appoint, to -enter into and exa- mine all dwelling houses, lots, yards, inclosurcs and buildings of every description within the said city, to examine and discover whether any danger exists therein ; and in order that proper measures may be taken to provide for the safety of the inhabitants of the neighborhood. [Forty- Sixth Session — Vol 6, h. 142.] CHAR CXXII. AN ACT to amend an Act, entitled " A71 act for the more effeo- tual prevention of Fires in the City of New-York, passed April n, 1815. Passed April 9, 1823. Certain buildings 68. § I. Be it enacted by the People of the State of New-York^ proor^^ ^ "^^^ represented in Senate and Assembly , That all dwelling-houses, store-houses and other buildings, which from and after the passing of this act, shall be built or erected in the city of New- York, that is to sjiy, within tbit part of the said city, tu FIRES PREVENTION OF, 28S the northward of the poiat of tiie batter)'-, and included be= tween the said point of the battery and a line beginning upon the East Ri\;er, op'posite Blontgomery-street, to Cherry- street, thence down Cherry-street to Catharine-street, thence through Catharine-street to Chathamistreet, thence down Chatham-street to Pearl-street, thence tlirough Pearl- street to Ehn-street, thence through Elm-street to Canal-street, thence through C-anal-strcet to Broadway, thence up Broad- way to Art-street', thence commencing again at Canal-street and running to Hudson's River, including all the lots of ground to the depth of one hundred feet on the northerly and easterly sides of said streets, through which the above men- tioned lir the future may be in great part prevented, if* a sufficient number of skilful persons be appointed to have the care, management, and working of the said fire engines, and other tools and instruments for extinguishing of fires, in cases of such casualty and disitress that may hereafter happen. The act authorizes the common council to displace any firemen and appoint others in their stead, and to preseribe rules for their government ; and exempt fire- men from being chosen constables, surveyors of roads, jurors, or serving in the militia, &c. except in times of imminent danger. Thirty additional fircmeti were directed to be appoint cd, by an act passed 11th December, 1763, V. 8. vol. 9, p. 435. And by an act passed IStfi lieccmber, 1787. TITLE XI. OF FISnERIES GENERALLY, AND PARTICULARLY IN HUDSON RIVERr AND AT AND BELOW THE CITY OF NEW- YORK. Sect. 1. Cocolus indicus not to be thrown into streams, &c. 2. Penalty for violating ICiSt section. ^ 3. Salmon not to be taken between certain days ; penalty. 4. At certain Fcasons fish not to be taken in certain waters on Sunday. 5, C. Fishing with seines or nets on Sunday in any waters, prohibited ; penally 7. Drift nets not to be used in certain waters during certain months. 8. Fishing at certain places prohibited except on certain daj's. 9. Penalty for violating two last sections. 10. Penalty for spearing pike between Fort Miller dam and Waterford. 11. Nets of certain description may be used in parts of Hudson river. 12. Certain poles, &lc. may be set in that river, out of its channel. 13. Penalties how applied ; by whom sued for. 14. Laws concerning fisheries adjacent to Staten-Ieland, not to be affected. 15. Courts of common pleas may regulate fishing in their counties. 16. Orders not to continue in force more than three years ; may be modified, &c 17. Not to be made or altered, without application of si.v freeholders. 18. Notice of application fur any order, . Orders to be entered in minutes of court; to be posted and published. t20. Orders to take ctloct after such posting and publication. '21. Costs and expenses of application, &c. by whom to be paid. fVs-pofcocuiuf^ni ^ 1. ^o person shall put, cast, or throw, into any of the tU< tts proliibited. ' ^ ^ , n -i - ^ a ■ waters of this state, for the purpose of taking or destroying any fish being in any of the said waters, any of the berry commonly called cocolus indicus, whether it be mixed with any other substance or not. (27) renaity. § 2. Whocvcr shall violate eithei' of the provisions con- tained in the preceding section of this Title, shall for every oirence, forfeit the sum of twenty-five dollars. (27) Penalty for tak Ingsahnonat cer »:iin time- § 8. No person shall catch, take, or destroy, any of tJie fish usually called salmon, in any of tlie waters in this state, be- tween the twentieth day of October, in any yean and the first dnv e>f February thereafter ; and whoever shall violate I,awt; of 1832, p 2iI5, section IL' FISHERIES. 287 the provisions of this section, shall for every oficncc, forfeit the sum of ten dollars.* (28) § 4. Between the same periods, in any year, no person shall il^ukluon'sU'' fish vi^ith seines, or set, or draw, or raise any sort of nets, or *^^^' in any manner take fish, in any of the waters of this state, at or below the city of New- York, after the setting of the sun on Saturday of each week, until the rising of the sun on Mon- day following. (28) § 5. No person shall fish with seines, or set, or draw, or Fishing with r . P , . , . , seines, &c. on raise, any sort of nets, m any of the waters withm this state, Sunday, between twelve o'clock at night of Saturday, in each week, and twelve o'clock at night of the following Sunday. (29) § 6. Every person who shall violate either of the provisions , Penalty for vio: ^ - -^ , , -i . \Mwti two last of the two last preceding sections, shall for every ofience, s^tuons. forfeit the sum of twenty-five dollars, but shall not be liable to any penalty imposed in the eighth Title of this Chap- ter. (20) t-netrf in cer- tain waters. § 7. During the months of March, April, or May, in any uri year, no person shall use or employ any drift net, in any of the waters of this state, at or below the city of New- York. (30) § 8. During the same months, in any year, no person shall tc^foV" Fort^Jm fish in any manner, on Saratoga or Fort-Miller falls, except '" ^^"'''• on Monday, Friday and Saturday, in each wTek.(:30) * It appears by an act passed I6tli February, 1771, V. S. vol. C, p. filO, entitled an act to prevent the taking and destroying of salmo.i in Hudson's river, that e/Torfs were made for the production of a salmon fishery in Hudson river. Tlie preamble of the act recites that whereas it is thought that if the fish called salmon, which arc very plenty in some of the rivers and lakes in this and the neisrhbouring colonies were brought into Hudson river, that they would by spawning there soon become numerous, to the great advantage of the public. And wliereas a number of persons in the county of Albany propose to make the experiment, and defray the expense attending tJio same ; in order that the good design may be more effectually carried into execution, it is conceived necessary that a law should be passed for prohibiting the taking and destroying the said fisli for a term of years. The act then declares that any person taking any salmon within five years in the Hudson river, or tlie waters , emptying into it, shall forfeit ten pounds. Notwithstanding the exertions made in purtjuance of this act, it docs not appear they were attended with success. Tiiat delicious fish .had some lime before, and has ever shice ceased to ^isit the Hudson river, or any ut its tributary streams. -( •• i. : " .V v^ ; - : \ ^%) Laws of 181G, p. 183, section 2. {'29) Laws of 1615, p. 149, sett i : leiG, p. 168 Li. 'Z; 1&22, p 108, sect. 4. (30) Law;i of ItilS, i»; Hi), scot, 4 5t G. 288 FISHERIES. iS'?wo' list 5 ^' Whoever shall violate either of the provisions of the sections. ^y^^ |j^g^ preceding sections, shall for every offence, forfeit the sum of twenty-five dollars. (30) spearinH pike In § 10. No person shall spear any fish commonly called pike, certain places, j^ ^^^ waters of the Hudson river, between the Fort-Miller dam and the village of Waterford ; and whoever shall vio- late this provision, shall forfeit, for every offence, the sum of ten dollars. (31) ^ ^ ^ Certain nets may § U' Hoop-ucts, fikcs, or sct-ncts, may be used for catch- of Hudson"rivei!'' iug fish in Hudsou's river, on the flats, and along the flats and shores between the city of New-York and the state dam at Fort Edward, provided they be constructed with buoys not exceeding four feet in length, and two feet in diameter ; but such hoop-nets, fikes, or set-nets, shall not be used in the chan- nel of said river, nor in any place that was occupied, or used, prior to the eleventh day of April, one thousand eight hundred and fifteen, for the purpose of drawing seines. (32) poicB, &c. con- § 12. Such poles, stakes, or timber, as may be necessary maybeBct,&c. ' in fishiug with the hoop-nets, fikes, or set-nets authorized in the preceding section, may be set in any part of HudsonV river, out of the channel thereof, between the points mention- ed in the last preceding section, provided the navigation of, said river be not thereby obstructed or endangered. (32) tics Suits for penal- § 13. All penalties imposed in the preceding sections of this Title, shall be for the use of the poor, and shall be sued for and recovered by the overseers of the poor of the city or town in which the offence shall be committed. This title not to § 14. Nothino^ Contained in the preceding sections' of this^ apply to Staten- ' ,111 1 m ' r • • i Island. Title, shall be construed to affect any special provisions here- tofore made by law, and now in force, concerning the fish- eries in the waters adjacent to Staten-Island. Powers of com- § 15. The courts of commou pleas in the several coun- gSate^fiSJeheJ.^' ^ies of this statc, shall have power to regulate the fishing in any of the streams, ponds, or lakes, in their respective coun^- (30) Laws of 18i:>, p. 149, section 4 &. 6. (31) Lawe of 1827, p. 97. (32) Laws of IW*, p. 148, sectiorv 1, 2. FISHERIES. 289 ties ; and to make such order and rule to prevent the de- struction of fish therein, as they shall deem proper ; and from time to time to remove any restriction against fishing therein, heretofore imposed by law, except the restriction against fishing on Sunday, herein before provided. They shall also ^^jg^^/'^"''® p*" have power to prescribe such penalties for the violation of any such order or rule, not exceeding twenty-live dollars for each offence, as they shall deem proper. (33) ^ 16. No such order or rule shall be made, at any one time, d^J^'&c" °^'''" to continue in force for any longer term than three years ; and every such rule or order may, from time to time, be altered, modified, or annulled by such courts, in their discretion. § 17. No such order or rule shall be made, except upon Pre-reciuisite to T • '1 '-Til -7 anv order. the application oi at least six Irecholdcrs of the town or towns in w^hich such stream, pond, or lake, is situated, nor shall any such order or rule l^e altered, modified, or annulled, except upon the like application. § 18. Before the making- of anv Such application, a notice. Notice of nppii , , , 1 • T 1 -1 cation for orU«r. signea oy the persons making the samos and setting forth the object of the intended application, and the time when the same is to be made, shall be posted up on the outer door of the court-house of the county in w^hich such stream, pond, or lake is situated, at least three weeks before the making of such application, and shall be published three weeks succes- sively in one of the ncAVspapers printed in such county, or if there be no newspaper printed therein, then in the newspa- per printed nearest to the strer^m, lake, or pond, mentioned in the notice. And before the court shall proceed to make, alter, modify, or annul any such order or rule, due proof shall be produced of the posting and publishing of such notice as herein required. § 19. Every such order or rule, v-hen granted, shall be eil- orders to hp, En- tered at length by the clerk of the county, in the minutes of pubfj^K''^'*"* the court, kept by him; and a certified copy thereof shall be immediately posted by him on the outer door of the court- . house of the same county, and continued lor six i^Ioiidays (33) This and llio rouuiiiiing scclioiic of ihii Title arc laUcn, nith soinc vaiialioiit, from Laws ori8-2(j, p. 2'i6, scstioa J, 2, 3. 37 290 FISHING. successively, after the granting of such order or rule. Such copy shall also be published for three weeks successively in a newspaper, as provided in the last preceding section. uk?effecu^^'^^° § 20. After such order or rule shall have been duly posted and published for the period above prescribed, it shall be bind- ing on all persons ; .and every person who shall violate the same shall, for every such offence, forfeit the sum prescrib- ed therein, for the use of the poor. E^nses^y ^ gj. The costs and expenses incident to every applica- tion for any such order or rule, shall be paid by the persons who shall have signed the notice of the application. FISHING5 ON THE SOUTH SIDE OF STATIN ISLAND. {Chap. 106, Vol. 6.] 1. Penalty for fixing any net or weir, &c. beyond a certain line on the south Bide of Staten Island. • 2. Free hauling places. 3. Hedges, &c. may be removed. 4. Persons prohibited from fishing on Sunday. AN ACT to regulate the Fishing on the Sfiores of the South side of Staten Island^ and to prevent obstructions on the same, and for other purposes. Passed March 22, 1822. I. § I. Be it enacted by the People of the State of New- 'York, represented in Senate and Assembly , That, from and after the first day of April next, it shall not be lawful for any person or persons, under any pretence whatsoever, to fix or cause to be fixed or placed, any fike-net, gill-net, hoop-net, set-net, or any other net or weir, by means of any hedge, stake, stone, post, pole, or anchor, or any other fixture, in any of the waters on the south side of Staten-Island, at any greater distance from the shores thereof than is hereinafter' mentioned and described, viz. from a line drawn from the outer end of the hedge, at and in front of the land of A. V. D. Fountain, which hedge and fixtures shall not extend more j than two hundred and forty-four yards from ordinary high! FISHING. 291 water mark on the shore opposite to the same, to the outer end of the hedge owned or occupied by George Barnes, near the new creek, which hedge shall not extend more than four hundred and fifty yards distance from ordinary high water mark, from the shore opposite to the same to a line running from thence to the outer end of a hedge or stake to be placed for that purpose, opposite to the elm tree, at four hundred and fifty yards distance from ordinary high water mark, from thence to the outer end of the hedge at the point of the beach, or point of the great kills, which hedge shall not extend more than four hundred and fifty yards from ordinary high water mark as aforesaid ; and that any person oflending against this act shall be subject to a fine or penalty of twenty-five dollars for every four yards he shall extend his fixture beyond . the line hereinbefore described, and five dollars for every day after complaint shall have been made, to be sued for before any 'justice of the peace of said county, and recovered by any person who shall sue for the same, with costs of suit, for the use of the poor of said county. plac«e. 2. § II. And be it farther enacted, That the following ^^'^^**^^'* shall be free hauling places for the inhabitants of said coun- ty for the drawing or fishing with seines, viz. the bar or sand bank lying and being in front of the lands of J. V. D. Jacob- son and A. V. D. Fountain, and Ijetween their hedges ; the second, the shore or beach on the south-w^est side of Col. John Garrison and Stephen Kcttelas' hedge ; the third, the shore or beach lying between the hedges of Jacob Lozier and Joseph Barton; the fourth, on the shore or -beach ly- ing on the north side of the elm-tree hedge at the foot of New Durop lane. 3. § III. And be it further enacted, That from and after the "g ^Soved first day of April aforesaid, it shall be lawful for any person ex persons, for the convenient occupancy of the said free hauling places, to remove any hedges, stakes, fixtures, or ob- structions, of what nature or kind soever, that now is or may be hereafter found on the said hauling places ; and any per- son who shall obstruct or place any hindrances in any of the aforesaid hauling places, shall, for each and every such of- fence, forfeit the sum of twenty-five dollars, to be sued for and recovered in the manner and for the uses aforesaid. ficc. aaay '292 GAME. L'Tomtshing 4. §iy. And he it further enacted, That no person shall oo Sunday. clraw 01' set any nets, or in any manner take any lish in any of the waters of this state, on Sunday ; and any person con- victed of such offence at the suit of any person who may com- plain thereof, before any justice of the peace, who is hereby declared to have full jurisdiction for that purpose, shall be punished by fine not exceeding five dollars, together with costs, or by imprisonment in the county jail not exceeding ten days, in the discretion of such justice. Revised Statutes, Vol. I, p. 102. GA.!HE, KILLING OF, IN THE COUNTY OF NEW-YORK. A Killing of heath-hen?, quails, partridges, and woodcock at certain times 2. Penalty for. r?. Evidence of having incurred penalty. 4. Killing muskrais. 5. Suits for penalties. hens"quaii!., par- 1. § 7. No porsou sliall kill auy heath-hens within the county c"ckraT cmain of Qucens, bctwcen the first day of January and the first Wednesday in October, nor in the county of Suffolk between the first day of January and the second Wednesday in Sep- tember ; nor shall any person kill any quails or partridges in the counties of Queens, Kings, Suffolk and New- York be- tween the fifth day of January and the twenty-fifth day of September; nor in the county of Albany between the first day of March and the first day of October ; nor shall any person kill any woodcock in any of the counties above named between the first day of February and the first day of July; nor shall any person kill any pheasants in the county of Al- ^ bany between the first day of March and the first day of October. (50) Penalty. 2. § 8. Wlioevcr sliall offend against the provisions of the last section, by killing any heath-hens, shall forfeit twenty- five dollars ; by killing any partridge, one dollar ; and by kill- ing any quail, woodcock or pheasant, fifty cents. (.50) C50) T.aws of 1813. p. %5, section 1 : of 1?22. p. 19S ; of 1824, p. 201. GAME. 293 3. § 9. Every person who shall expose to sale any heath-hen, ^,g'*ln"u^„*!^*'^: woodcock, quail, partridge or pheasant, in either of the said "^">'' counties respectively, or' shall have any of the said game in his possession in either of the said counties, during the time when the killing of such game is forbidden by law', shall be deemed guilty of killing the same game, within the time pro- hibited. (50) 4. § 10. No person shall kill any muskrat at any other Killing muskratg. place than along the line of some canal or artificial dam or embankment, between the first day of May and the first day of November in any year ; whoever offends against this provi- sion shall forfeit one dollar for every muskrat so killed. (51) 5. § 11. The penalties prescribed in this Title shall be suits for ponai sued for and recovered by and in the name of the overseers of the poor of the town where the oflence was committed, in an action to be commenced within three months after the commission of the offence, and shall be applied for the use of the poor.* (50) I,a\V3 of-lSlS, p. 265, section 1 ; of 1822, p. ICS ; of .1824, p. 201. (51) I^ws of 1820, p. 182. * The attention of the colonial assembly was directed to the preservation of game so early as the 18th of September, 1708, V. S. vol. 1, p. 73. By an act then passed it was enacted that for the preservation of deer, and other game, williin the county of Suffolk, Queen's county and King's county, that whosoever within the said counties, Christian or Indian, freeman or slave, after the publication hereof, siiall kill or destroy any buck, doe, or fawn, or any sort of deer whatever, and wild turkles, lieath-hens, partridges, or quails, their eggs or young ones, at any time of the year, except the times and seasons hereinafter mentioned and expressed ; that is to say, for deer, between the first day of August and the first day of January, and for turkles, heath hens, partridges, and quails, between the first day of August and the first day of April, shall forfeit and pay for every such buck, doe, fawn, or other deer so killed or destroyed as aforesaid, the sum of thirty shillings lawful money of New- York, or by default thereof, sutler imprisonment for the trrm and space of thirty days, without bail or mainprlzc, unless within that time he or they shall pay the forfeiture aforesaid ; and for every wild turkey, chicken, or eggs killed or destroyed as aforesaid, the sum of five shil- lings, like currency money aforesaid, or in default thereof, suffer imprisonment for the space of five days as aforesaid ; and for every heath-hen, partridge, or quail, their eggs or young ones, so killed or destroyed as aforesaid, the sum of two shillings and sixpence, or two days and a half imprisonment as aforesaid. The above act was amended by an art passed 24fh March, 1772, V. S. vol 2, p. 697, increasing the penalty in the precinct of Islip in Snfll)lk county : and since that period various acts have been passed for the preservation of game. 294 GRAIN MEASURING OF. CHAP.,CXLL , GRAIN, MEASURING OF, IN THE CITY OF NEW- YORK. 1. Measurer-general and measurers. 2. To keep an office in the city. 3. To decide in case of dispute. 4. Pay of measurer. 5. 6. Restrictions. 7, 8. Regulations respecting measuring and suspension of mcasurere. y. Measures. 10. Annual report. 11. Pay for services and expenses. 12. Additional measurers. AN ACT regulating the Measuring of Grain in the City of New-York. Pas-:ed AprilH, 1832. p.219. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Sm"aSr' § 1- ^^^ governor shall nominate, and with the consent of the senate, appoint a measurer-general, and not less than ten or more than twenty measurers of grain in the city of New- York, who shall hold their offices for two years from the date of their appointment. Tokeepanoflicc § 2. It shall bc tlic duty of the measurer-general, to keep an office in some convenient part of said city, for the recep- tion of orders from the owner, agent, purchaser or other per- son having any grain in charge ; and it shall be the duty of the measurers, on the requirement of the measurer-genera^ to go, w^ithout delay, to the place within the city of New- York where such grain is deposited, and measure the same. To decide in case of dispute. § 3. If any dispute shall arise between the purchaser and seller of any grain, or between cither of them and the mea- surer, respecting the measurement of any grain in the. said city, such dispute shall bc submitted to measurer-general, whose determination shall be final ; but if any such dispute shall relate to the quality of the grain, and if the buyer or sel- ler shall be dissatisfied with the decision of the measurer-ge- neral, they or either of them, may appeal to three indifferent GRAIN MEASURING OF. 295 persons, one to bo chosen by each of the parties, and the third by the two thus chosen, whose decision shall be conclusive on the matter. '> J 4. The measurer who shall perform the service, shall be »« pay. entitled to demand and receive at the rate of seventy-five cents for every hundred bushels of grain measured by him, one half to be paid by the buyer and the other half by the seller. § 5. No person, except those appointed in pursuance of Rcatrkiion. this act, shall measure any grain within the city ot New- York, for hire, pay or reward, under the penalty of twenty- five dollars, to be recovered by any person who shall sue for the same. The measurers of grain now in office in the said city shall continue to discharge the duties of their offices until other measurers shall be appointed under this act, and until they shall have been sworn in. § 6. Neither the measurer-general or measurers shall, di- ibia. rectly or indirectly purchase any grain except for their own use ; or be concerned or connected in business or trade with any person dealing in grain, or act as agent for any person or persons in the purchase or sale of any grain, under the, pen- alty of two hundred and fifty dollars, to be recovered by any person who shall sue for the same. 6 7. The measurer-ffcneral is hereby authorized and re- Measuring how . , . , , .,.,.,> TVT regulated. quired to supermtend the measurers within the city of New- York, and allot to each as equitable a portion of the business as the nature of the case will admit; and the said measurers are required to follow such instructions or directions as they or either of them, may from time to time receive from the measurer-general, in relation to the duties required of them by law : and they shall, once in every month, make separate returns to him of the number of bushels of the difiercnt kinds of grain measured by them respectively, with the average price, as near as practicable, from what place shipped, and if exported, to what place. § 8. The measurer-general is hereby authorized, and it sagpcmior. shall be his duty to suspend from the exercise or performance 298 Measures. GRAIN— MEASURING OF. of all official acts, or measurer who shall, in his opinion, act inconsistently with the trust reposed in such measurer, by neglect, incapacity, mal-practice or other cause, and report the name of such measurer, 'together with the reasons for such suspension, to the person administering the government of this state, who in his discretion, may remove from office such measurer, and appoint some fit person to supply the va- cancy, until the pleasure of the senate shall be known, § 9. Whenever any measurer shall attend for the purpose of measuring any grain, it shall be the duty of the person sell- ing or delivering such grain, to cause the measures to be fill- ed and removed according to the directions of the measurer- general. Annual report. § 10. It shall bc thc duty of the meas-urcr-gencml annually, in the month of January, to make and transmit to the legisla- ture, a report containing the number of bushels of grain of different kinds measured under his superintendence, in each month during the year ending with the thirty-first day of De- cember preceding such report; the average price, as near a» practicable ; from what place shipped ; and if exported, to what place ; together with the amount of fees received by liimself and each measurer. Pay for services and expenses. § 11. The measurer-general shall bc entitled to receive for his services and expenses, six cents on every hundred bushels of grain measured under his superintendence ; and it shall bc the duty of the measurers respectively, on making the re- turns required by the seventh section of this act, to pay to the . measurer-general six cents on every hundred bushels measured by them ; and for any default in such payments, or for any wilful false or hicorrect return, the measurer-ge- neral, or measurer, guilty thereof, shall forfeit his office and be removed therefrom. Additional mea- surer. § 12. If, at any time, the measurers directed to be appoint- ed by thc first section of this act, shall be insufficient for the necessary despatch of their official duties, the measurer-ge- neral shall have power to appoint so many additional mea- surers as may be necessary ; but no such additional measurer shall hold his office for a longer time than shall bc necessary GRANTS OF LAND UNDER WATER. 297 for the performance of the particular duties for which he was so appointed. ^ 13. This act shall take effect immediately on the passage aci to lak* effect thereof. GRANTS OF LAND UNDER WATER* Revised Statutes, Vol. 1 , p. 208. ARTICLE FOURTH. OP GRANTS OP LAND UNDER WATER, 67. When and to whom commissioners may grant lands under water. 68, 69. The power given in preceding section to extend to certain waters. 70, 71. Applicants to give notice, and how. § 67. The commissioners of the land-office shall have power jvh^" an«* » to grant so much of the lands under the waters of naviga- ble rivers or lakes, as they shall deem necessary, to promote the commerce of this state ; but no such grant shall be made to any person, other than the proprietor of the adjacent lands, and every such grant that shall be made to any othetperson, shall be void. (67) § 68. The powers hereby vested in the said commission- Certain watete, ers, shall extend to lands under the water of Hudson's river, adjacent to the state of New- Jersey ; and also to lands under the waters adjacent to and surrounding Great Barn Island, in the city and county of New- York ; and to the land between high and low water mark on said island ; but no grant shall be so made, as to interfere with the rights of the corporation I of the city of New- York, or to affect the navigation of the I waters surrounding the said island. (67) § 69. The powers of the commissioners shall also extend ibi tioned for the faithful and impartial fulfilment of the duties required by this act, and shall also take an oath truly and faithfully to execute the same : Provided however. That the harbour masters already appointed shall continue in office until others arc appointed as aforesaid. 2. § XXXIV. And be it further enacted, That the said har- Their duty. ?our masters shall jointly and severally perform all the du- ies, exercise all the powers, and divide equally between hem all the emoluments imposed and authorized by this act ; •provided. That the said harbour masters shall not have p^ovisg. ,)0wer or powers to appoint a deputy or deputies, unless in he following cases : that is to say, in case of the sickness of I 300 HARBOUR MASTERS. one or both of the said harbour masters, either of them may- appoint a deputy or deputies to act during such sickness, and in case of the death of one of them, the surviving harbour master may appoint a deputy or deputies, to act until the council of appointment shall supply such vacancy. Btatioi?ve8sei3 " 3. § XXXV. And he it further enacted, That the said har- bour masters shall have authority to regulate and station al ships and vessels in the stream of the east and north rivers v^ithin the limits of the city of New- York, and the wharve thereof, and to remove, from time to time, such ships or ves sels as are not employed in receiving and discharging thei cargoes, to make room for such others as require to be mor immediately accommodated, for the purpose of receiving o discharging their's ; and as to the fact of their being fairl and bona fide employed in receiving or discharging their cai goes, the said harbour masters, or either of them, is hereb constituted the sole judge : And further, The said harboi masters, or either of them, shall have authority to determin how far, and in what instances, it is the duty of the maste: and others, having charge of ships and vessels, to accomm« date each other, in their respective situations ; and if ar master, or other person, having charge of any ship or vesse shall refuse or neglect to obey the directions of the said ha hour masters, or either of them, in matters within their a thority to direct, or if any person shall resist or oppose tl- said harbour masters, or either of them, in the execution [ the duties of their office, such master, or other person, havi:; charge of any ship or vessel, or other person whatsoevf, shall, for every such offence, forfeit and pay the sum of fil' dollars, to be recovered, with costs of suit, in the name i the treasurer of the hospital of the said city, before any coi^ having cognizance thereof: All which fines, when collect(j, shall be paid to said treasurer, for the use of said hospital.! Their fees. 4. § XXXVI. And he it further enacted, That the saidh;|- bour masters shall have power to demand and receive, friji the commanders, owners and consignees, or either of the on all ships or vessels of the United States, and on all sh or vessels of any foreign nation that are permitted by le laws of the United States to enter on the same terms as vt* sels of the United States, and which shall enter the said pfl HARBOUR MASTERS. 301 of New- York, and load or unload, or make fast to any wharf therein, one and a half cent per ton, to be computed from the tonnage expressed in the register or enrolments of such ships and vessels respectively, and no more ; and also on all other foreign ships or vessels which shall arrive at and enter the said port, and load, unload, or make fast to any wharf therein, double the amount of fees above specified, according to the rate of tonnage or burthen of said ships or vessels respec- tively, to be ascertained by their respective registers, or other documents on board the same ; Provided nevertheless, That Proviso nothing whatsoever shall be demanded by the said harbour masters for the entrance into the port of New-York of any sloop or schooner employed in the coasting trade wdthin the United States, unless upon the apphcation of the master or person having charge of any such vessel employed in the coasting trade as aforesaid, the said harbour masters, or either of them, shall interfere and adjust any difference which may happen respecting the situation or position of any such coasting vessel ; which difference said harbour masters, or either of them, arc hereby authorized and required to hear and determine ; in which case, the said harbour masters or either of them, may demand and receive, from the party in default in the premises, the sum of two dollars, and no more, for any difference so by him adjusted ; to be sued for, and recovered, in the names, and for the use, of said harbour masters, in any court having cognizance thereof. 5. § XXX Vil. Andhe it further enacted, That the master, Fpe^whemobe f. paid. owner or consignees of any ship or vessel, subject to the payment of fees to the harbour masters as aforesaid, shall, within forty-eight hours after the arrival of such ship or vessel, pay the fees so due thereon, at the office of the said harbour masters, or one of them ; and in default of such payment, if the same shall have been first duly demanded, such master, owner, or consignee, on whom such demand shall have been previously made, shall forfeit and pay double the amount of such fees, to be sued for and recovered, in the names, and for the use, of the said harbour masters, in any court having cognizance thereof 6. § XXX VIII. And he it further enacted, That it shall be "arbour master* , , . , ' to enforce tho the dutv ot the said harbour masters to sunenntend and en- '^^^^ relative to ^ cleaning; docks. &.C. 302 HARBOUR MASTERS. force the execution of all laws of this state, and by-laws of the corporation of the city of New- York, for cleaning the docks and wharves, and for preventing and removing all nuisances in or upon them, or either of them : And if the person or persons, whose duty it shall be to remove such nuisance, shall refuse or neglect to remove the same, within forty-eight hours after notire from the said harbour masters, or one of them, requiring such person or persons, to remove the same, the said harbour masters may thereupon demand and receive from such person or persons, so neglecting or refusing, the sum of two dollars and fifty cents ; and in case of non-payment thereof, on demand, the same may be sued for and recovered, in the names of, and for the use of the said harbour masters, in any court having cognizance thereof. Powers defined. {Forty-Third Session^Vol. 6, b. p. 8.] CHAP. X. AN ACT defining the Powers of the Harbour Masters in the City of New-York. Passed January 22,1823. § 7. Be it enacted by the People of the State of New-York, represented in Senate and Assembly , That nothing contained in so much of the act, entitled " An act to reduce several laws relating particularly to the city of New- York, into one act,"^ as relates to harbour masters, shall be so construed as to in- vest them with any power or authority respecting vessels which shall lie at or within any of the wharves, docks or slips, belonging to the mayor, aldermen and commonalty oi the city of New- York. HAWKERS AND PEDDLERS. 303 HAWKERS and PEDDLERS. Revised Statutes J Vol. I, p. 675. TITLE IF. OF HAWKERS AND PEDDLERS. 1. No person to peddle without license. 2. Application for licenses to be made to secretary of state. 3. What duties to be paid before applicant entitled to a license. 4. Secretary to grant license upon applicant's showing payment of fees. 5. Licenses to be issued in April, and renewed annually. 6. Penalty for peddling without license, or contrary to terms ef It. 7. Penalty for refusing to show license when denianded. 8. Any citizen may apprehend a person found peddling without license, 6lc. 9. Duty of justice before whom such peddler may be taken. 10. In prosecutions for penalties under this Title, when no costs allowed to defendant. 11. No suit to be maintained, unless brought within 60 days after offence. 12. Persons sued for executing this Title, may plead general issue, Sec. 6 1. No person shall be authorized to travel from place to Peddiers to ob * *^ * lain license. place, within this state, for the purpose of carrying to sell or exposing to sale, any goods, wares or merchandise, of the growth, produce or manufacture of any foreign country, un- less he shall have obtained a license as a hawker and peddler, in the manner herein after directed. (45) § 2. Every person desirous to obtain a license as a hawker License how ap or peddler, shall apply to the secretary of this state, and shall deliver to him a note in writing, signed by such applicant, or his authorized agent, and stating in what mahner the appli- cant intends to travel and trade, whether on foot, or with one or more horses, or other beasts of burthen, or with any sort of carriage, or boat. (45) § 3. Every such applicant, before he shall be entitled to a Duties to be paid. license, shall pay into the treasury the following duties : If he intend to travel on foot, the sum of fifty dollars ; if he in- tend to travel and carry his goods with a single horse, or other beast carrying or drawing a burthen, or with a boat, or boats, the sum of- eighty dollars ; and if he intend to travel with any vehicle or carriage drawn by more than one horse ; or other animal, the sum of one hundred dollars. (45) (45) 2 R. L. 228, section 1, 2. J 304 ^WKERS AND PEDDLERS. b^grTmed;°''' '° § 4. It shall be the duty of secretary of state, upon the pay- ment of his fees, to grant to e^ry such applicant, who shall deliver to him, with the notice above required, the receipt of the treasurer^ countersigned by the com ptraller, showing the payment of the proper duties, a license under his seal of office, and signed by himself, or his deputy, authorizing such applicant to travel and trade within this state as a hawker, or peddler, in the manner stated in the notice so delivered, for the term of one year from the date of such license. (45) «n«rwhen. § 5. AH such liceuses shall be issued in the month of April in each year, and at no other time ; an-d every license granted,, or to be granted, shall be renewed annually by the secretary of state, if such renewal be applied for, on the same terms and conditions that the original license was granted. (4 5) renaity for ped- ^ 6. Evcrv Dcrson wlio shall be found travelhnff and trad- cense. jng witliiu this state, contrary to the provisions of the first section of this Title, or contrary to the terms of any license that may have been granted to him as a hawker, or peddler^ . shall, for each offence, forfeit the sum of twenty-five dollars^ to the use of the poor of the town in which the offence shall be committed. (46) renaityforrofiis- § 7. Evcry pcrson so tradin.?^, who shall refuse to produce ing to produce i i in i- • • u iicen-e. a license as a hawker or peddler, to any olncer or citizen who shall demand the same, shall, for each offence, forfeit the sum of ten dollars, to the overseers of the poor of the town in • which the demand shall be made, for the use of the poor therein ; and every such offender, who, after notice, shall re- fuse or neglect to pay the above penalty, shall be committed by the justice beforc whom the conviction shall be had, to the jail of the county in which the offence shall have been com- mitted, for the term of one month. (46) Proceeding § 8. Auv citizcu may apprehend and detain any person who shall be found trading as a hawker or peddler, without license, or contrary to the terms of his license, or who shall refuse to produce his license, in violation of the provisions of this Title ; and mav convey the offender before any justice of the thereon. (45) 2 R. L. 'J-28. section 1, 2. (46) 2 K. J.. 220, secti iou 4. HAWKERS AND PEDDLERS. «(V» peace in th« town or county in which he shall be appre- hended. (47) § 9. It shall be the duty of such justice, if a sufficient li- ^'S^Ja^i"* cense to authorize such trading be not produced to him, and the fact of trading be proved to him, either by the confession of the person so apprehended, or the oath of competent wit- nessesj^'to convict the offender of such ofiences against this Title, as shall be so confessed or proved ; and to issue his warrant on each conviction, directed to some constable of the county in w^hich the conviction shall be had, commanding such constable to cause the sum of twenty-five dollars, with costs not to exceed live dollars, to be forthwith levied by dis- tress and sale, at public vendue, of the goods, wares, and mer- chandise of the oflender. The monies collected on such warrant, exclusive of the costs, shall be paid by the justice, to the overseers of the poor of the town in v/hich the offence shall have been committed. (47) J 10. In every case of a prosecution against any person for the recovery of any penalty given in this Title, no costs shall be allowed to the defendant, if it shall appear that, before the commencement of the prosecution, such defendant had refused to produce his license, or to disclose his name when lawfully required; nor in such case shall the defendant be entitled to maintain any action, against the person prosecut- ing him, or the constable, or other persons by whom he may have been apprehended, or the justice issuing any warrant or other process against him, or before whom he may have been tried, for any of tlieir acts in so prosecuting, apprehend- ing, or trying him. (48) Cost*. § 11. No suit or prosecution for the recover}-^ of any pe- Limir^tida of nalty imposed in this Title, shall be maintained, unless it shall appear to be brought within sixty days after the com- mission of the offence charged. (48) § 12. Every person who shall be sued for putting in execu- Pieadm? a:id 'lion this Title, or doing any matter or thing pursuant to its provisions, may plead the general issue, and give the special ■47) S R. L- 830, section 7, «, 9 iirrriistof § 13. On presenting such petition, such defendant shall de- rreditors and in-,. x r i • i-. i • x r \ • vouioryofcstatc. iiver an account oi nis creditors, and an inventory ol ins estate, similar in all respects to the account and inventory required of a debtor, by the sixth article of title first and chapter five of the second part of the Revised Statutes ; and shall annex to the said petition, account and inventory, an affidavit^ which shall be taken and subscribed by him, before the officer to whom such petition is presented, similar in all respects to the oath required by the fifth section of the sixth article of the aforesaid title and chapter. To pnv.^ notice § 14. Fourtccn days' previous notice of the time and place, on p am ^^ whichj and of the officer to whom such petition will be presented, together with a copy of such petition, and the ac- count and inventory thereto annexed, shall be served person- ally on the plaintifis by whom such defendant shall be prose- cuted, their personal representatives or their attorney ; and proof of such service shall be made at the time of presenting such petition. Anyrroditormay § 15. Ally croditor of such petitioner may oppose such ap- piicatron."*^^' ^^' plication, and may examine the petitioner, his wife or any other witness, in the manner prescribed in the third article of the aforesaid first title and fifth chapter, and shall be enti- tled to the like process to compel their attendance and testi- mony ; and such witnesses shall, in all respects, be subject to the provisions of the seventh article of the said title, for their neglect to obey subpoenas, or to testify. omrrr )n:\y ad- § 16. Udou sufficiciit causc showu bv the petitioner, or by journ hearing lor - * ^ ,*'... ,,' , thirty days. any Creditor, the oihcer to wiiom such petition is addressca, may adjourn the hearing thereof, not exceeding thirty days ; IMPRISONMENT FOR DEBT. 317 and if, at any hearing of such petition, the opposing creditor shall fail to satisfy such officer that the proceedings on the part of the petitioner are not just and fair, or that he has con- cealed, removed or disposed of, any of his property, with in- tent to defraud his creditors ; such officer shall order an as- signment of all the property of such petitioner, in the same manner as provided in the fifth article of the first title of the fifth chapter of the second part of the Revised Statutes, ex- cept such as is therein exempt ; which assignment shall be executed v/ith the like effect as declared in the said article, and shall be recorded in the same manner. § 17. Such officer shall appoint one or more assignees, to ^^^^^^^^J^'^^^ whom such petitioner shall assign all his estate ; and upon producing to such officer evidence that such assignment has been recorded, and a certificate of the assignees, that all the property of such petitioner, specified in his inventory, has been delivered to them, or that ho has given satisfactory se_ curity for_the future delivery of the same, such officer shall grant to the petitioner a discharge, which shall exonerate him from being proceeded against by any creditor entitled to a dividend of the estate of such petitioner, as hereinafter pro- vided, under the third, fourth, fifth, sixth, seventh, eighth and ninth sections of this act, for any fraud committed or intend- ed before such discharge. § 18. The assia^nces to w^hom such assia^nment shall be Tiicir rights and * ^ ^ powers. made, shall be vested with all the rights and powers over the property so assigned, which are specified in the eighth article of the first title of chapter five of the second part of the Re- vised Statutes, and shall be subject to the same duties, obli- gations and control, in all respects, and shall make dividends ; and vacancies in their number, shall be supplied as therein directed. § 19. The general provisions applicable to proceedings General provi- under the several articles of the said first /itle, and which are contained in the seventh article of the said title, shall be deemed to apply to the proceedings herein directed, so far as the same are nt)t inconsistent vvith the provisions of this act ; and the officers and assignees performing any duties under this act, shall be entitled for their services, to the same 318 IMPRISONMENT FOR DEBT. fees and compensation as are provided by law, for similar services under the fifth article of the aforesaid title of chap- ter five, and as are provided by law for services in criminal cases. ca^erof*^persons 5 20. Evcry porson imprisoned on civil process, at the tSracrSkrs^^f" ^"^^^ ^^ ^^^^^ ^^^ taking effect as a law, in any case where, by ^^^^- the preceding provisions of this act, such person could not be arrested or imprisoned, shall be entitled to be discharged at the expiration of three months after this act shall take ef- fect as a law, unless the creditor at whose suit such person shall be imprisoned, shall within the time aforesaid, make application and complaint to some jud^e of the court in which such suit was brought, or to some officer authorized to perform the duties of such judge, as specified in the third and fourth sections of tkis act, o.nd upon such application being made, if a warrant is not issued as hereinafter provided, such imprisoned person shall be entitled to be discharged from im- prisonment ; and if such warrant be granted, the same pro- ceedings shall be had thereon, as herein before provided ; and the removal of the defendant from any jail in which he may be imprisoned by any warrant in sUch proceedings, shall not bo deemed an escape. 'HowimprisoTifd §21. Evcry person imprisoned, as. in the last preceding persons maj pro g^^^'^j^ spccificd, may givc a notice to the creditors at whose suit he is imprisoned, and present a petition and inventory, as specified in the twelfth ^nd thirteenth sections of this act ; and the same proceedings shall be had thereon as herein be- fore provided, and a discharge granted on such petition as therein directed, shall entitle such petitioner to be discharg- ed from his imprisoimient. Fees. § 22.' Whenever any complaint shall be made under the third, fourth and fifth sections of this act, and the same shall be dismissed, the party making the same shall be liable for all fees to officers, and for all costs and expenses which the defendant shall have incurred. Bond to what to § 23. Whenever in this act, the removal, concealment or *'''*'^' disposal of any property is declared to be the ground of any complaint or proceeding, and where any bond is required in IMPRISONMENT FOR DEBT. - 319 reference to such concealment, removal or disposal, the same shall not be deemed to apply, to any property which shall be expressly exempted by statute from levy and sale under exe- cution. § 24. Whenever a bond, g;ven under the tenth section of 4r°w"hen'^bo?d this act, shall become forfeited by the non-performance of the is forfeited, condition thereof, the plaintiff shall be entitled to recover thereon the amount due to him, on the judgment obtained in the original suit instituted against the defendant giving such bond. § 25. The foregoing provisions of this act shall not extend xot to apply to to suits or proceedings before justices' courts, for the recov- ^ .° ery of any debt or demand of fifty dollars or less. § 26. Any person who shall remove any of his property punishment of out of any county, with intent to prevent the same from be- [^^"'^^'"e proper- ing levied upon by any execution, or who shall secrete, as- sign, convey, or otherwise dispose of any of his property, with intent to defraud any creditor, or to prevent such pro- perty being made liable for the payment ef his debts, and any person who shall receive such property with such intent, shall, on conviction, be deemed guilty of a misdemeanor; and where the property so removed, secreted, concealed, as- signed, conveyed, received or otherwise disposed of, shall be worth fifty dollarg or less, such oflence may be tried by a court of special sessions of the peace in the manner directed in the third title of chapter second of the fourth part of the Revised Statutes, and in such case, the punishment for such offence shall be limited as prescribe^ in the said title. § 27. Whenever any person shall have been convicted proceedings in of a misdemeanor under the last preceding section of this JJqI. °^ '^°°^''*^* act, the same proceedings may be had for the appointment of trustees to take charge of the estate of such person as are authorized by the second article of the first title of chapter five of the second part of the Revised Statutes ; and the trus- tees so appointed shall possess all the powers, rights and au- thority, be entitled to the same compensation and be subject to the same duties, obligations and control, in all respects, as trustees appointed under the said second article ; and in ad- 320 IMPRISONMENT FOR DEBT. dition thereto, if such trustees suspect that the person so convicted has concealed about his person or otherwise money or evidences of debt, upon making oath of the same before any judge of the county court, and on such judge be- ing satisfied that such suspicions are well founded, he may issue a warrant authorizing and commanding any sheriff or constable to search the person of such defendant, and any place occupied by him, or any trunk or other''article owned , or possessed hy him, for money or evidences, and to deliver what shall be so discovered to such trustees. In case of peiju- § 28. When it shall appear to any officer authorized to en- ry ot witiiessco'. "^ i i j tertain any proceedings under this act, that any misdemea- nor or perjury has been committed by any party or witness, it shall be his duty to take the measures prescribed by law to cause the offender to appear at the proper court having ju- risdiction of the offence, to answer for the same. ejuitj!*^^^'''"^" § 29. No person shall be excused from answering any bill in equity seeking a discovery in relation to any fraud prohi- bited by this act, or from answering as a witness in relation to any such fraud ; but no such answer shall be used in evi- dence in any other suit or prosecution. wimT'ibnu^to be § 30. No cxccutions issued on any judgment rendered by issued. ^j^y justice of the peace, upon any demand arising from con- tract, express or implied, or upon any other judgment founded upon contract, whether issued by such justice or by the clerk of the county, shall contain a clause authorizing an arrester imprisonment of the person against whom the same shall issue, unless it shall be proved, by the affidavit of the person in whose favour such execution shall issue, or that of some other person, to the satisfaction of such clerk or justice, either, 1. That the person against whom the same shall issue, had not resided in this state for the space of thirty days immedi- ately preceding the commencement of the suit upon which such judgment was- rendered, or immediately preceding the rendition of such judgment, if the same was rendered upon confession without process ; or, 2. That such judgment was for the recovery of money col- lected by any public officer : or, IMPRISONMENT FOR DEBT. 321 3. For 9fficial miscondact or neglect of duty : or, 4. For damages for misconduct or neglect in any profes- sional employment. § 31. No warrant shall issue against a defendant in any JIsYioTssSr^'^ case in which, by the provisions of the last preceding sec- tion, an execution on the judgment recovered, could not be issued against his body, and whenever a warrant in such case shall issue, the like affidavit shall be required as for the issuing of an execution by the provisions of said sec- tion. '§ 32 Whenever, by the provisions of the last preceding je"idenriahS section, no warrant can issue, and the plaintiff shall be a non- resident of the county, and shall give the like proof of the fact, and tender to the justice the security now required by law to entitle him to a warrant, the justice shall issue a sum- mons, which may be made returnable not less than two, nor more than four days from the date thereof, and shall be served at least two days before the time of appearance mentioned therein ; and if the same shall be returned personally served, the same proceedings shall be had, and no longer adjourn- ment granted than in case of a warrant at the instance of a non-resident plaintiff. § 33. Whenever, by the provisions of the thirteenth sec- a^fenXur'*^*^"^ tion of this act, no warrant can issue, and the defendant shall reside out of the county, he shall be proceeded against by summons or attachment,, returnable not less than two, nor more than four days from the date thereof, which shall be served at least two days before the time of appearance men- tioned therein ; and if such defendant be proceeded against otherwise, the justice *jhall have no jurisdiction of the cause. , § 34. In addition to the cases in which suits may now be suits by attach - , , ^ . . ^ , , , -^ mem before ju* commenced before justices of the peace by attachment, any *^*^''^- suit for the recovery of any debt or damages arising upon any contract, express or implied, or upon any judgment, for fifty dollars or less, may be so commenced, whenever it shall • satisfactorily appear to such justice that the defendant is i about to remove from the county any of his property, with intent to defraud his creditors, or has assigned, disposed of, 41 322 IMPRISONMENT FOR DEBT. secreted, or is about to assign, dispose of, or secrete any of his property, with the like intent, whether such defendant be a resident of this state or not. be^summcTnir^^ ^ ^^' ^^^^YQ any attachment shall issue in such cases, or in the cases provided for in article second, title fourth, chap- ter second, part third of the Revised Statutes, the plaintiff shall, by his own affidavit, or that of some other person or persons, prove to the satisfaction of the justice, the facts and circumstances to entitle him to the same, and that he has such a claim as is specified in the last preceding section against the defendant, over and above all discounts which the de- fendant may have against him, specifying, as near as may be, the amount of such claim or the balance thereof; and such plaintiff, or some one in his behalf, shall also execute in the cases provided for by this act, a bond in the penalty of at least one hundred dollars, with such sureties, and upon such condi- tion as is required in section twenty-ninth of said article ; and so much of said article as requires any other or different proof for the issuing of an attachment, than that required by this section, is hereby repealed. Attachments R nQ. Evcrv attachment issued by virtue of this act, or of how to be served- i j j y the provisions contained in the said second article, shall be served in the manner now provided in said article, except, that if the defendant can be found in the county, the copy of such attachment and inventory shall be served upon him per- sonally, instead of leaving the same at the place now pre- scribed in said article ; and the return of said officer, in ad- dition to what is now required, shall state specifically whether such copy was or was not personally served upon the de- fendant. wh^ITpSnaiiy § ^7. If such attachment was issued in one of the cases pro- served, vided for by this act, and shall be returned personally served upon the defendant, the justice shall, on the return day, pro- ceed to hear and determine the cause in the same manner as upon a summons returned personally served. wiien not per- § 38. Jf such an attachment was issued in one of the cases provided for by this act, and at the return day it shall appear by the return, that property was attached, and that a copy of IMPRISONMENT FOR DEBT. ^ 323 such inventory and attachment was not personally served, and the defendant shall not appear, the plaintiff may take out a summons ftgainst the defendant ; and if such summons shall be returned that the defendant cannot be found after vigilant inquiry, or that the same has been personally served upon the defendant, then, in either case, the justice shall proceed to hear and determine the cause in the same manner as upon a summons returned personally served. § S9, A judgment obtained before any justice, in any suit Judgment to be commenced by attachment, when the defendant shall not be ti^nce of indebt- '' edness. / personally served with the attachment or summons, and shall not appear, shall be only presumptive evidence of indebted- ness, in any suit that may be brought thereon, and may be re- pelled by the defendant ; and no execution issued upon such judgment shall be levied upon any other property than such as was seized under the attachment issued thereon ; nor shall any defendant, in such case, be barred of any set-off which he may have against the plaintiff § 40. A defendant, against whose body, by the provisions ^.^"n^* execution of this act, an execution cannot be issued from a justices' ^^"K body^"'''* court, shall not be required, in order to obtain an adjourn- ment of a cause, to give a bond with the condition now re- quired by law, but instead thereof, the condition of such bond shall be, that no part of his property liable to be taken on ex- ecution shall be removed, secreted, assigned, or in any way disposed of, except the necessary support of himself and fa- mily, until the plaintiff's demand shall be satisfied, or until the expiration of ten days after such plaintiff shall be entitled to have an execution issued on the judgment obtained in such I cause, if he shall obtain such judgment, and if the condition • of such bond be broken, and an execution on such judgment be returned unsatisfied in whole or in part, the plaintiff, in an action on such bond, shall be entitled to recover the amount due on such judgment. § 41. Sections one hundred and thirty-seven, one hundred Repeal of thr«»© , , . . , , , , ■ , , . . ,. . , sections of Rev. and thirty-eight and one hundred and thirty-nme, of title Statutes, fourth, chapter second and part third of the Revised Statutes are hereby repealed. 324 IMPRISONMENT FOR DEBT. ti^illJJS^lS^ ^ ^*^- ^^'hen judgment slmll be rendered against the de- oniy. fendant, no more than two svffnmonses, and the service of the two summonses, shall be included in the costs of such judg- ment. Certain provi- § ^^' ^^ ^^ provisions of Said title fourth, not hereby ex- Stomtei toYppy pi'^ssty repealed, and not inconsistent with the provisions of to this act ^i^g ^^^^ ^j.g hereby declared to be in full force, and to apply to the provisions of this act, so far as the same relate to pro- ceedings in courts before justices of the peace. 9 Persons irapri § 44. All pcrsous imprisoncd at the time this rfct shall take wke» rffec" *to cffect as a law, by virtue of any execution issued upon a judg- '**^ ^"^ ment recovered before any justice, upon any contract, express or implied, shall be discharged from such imprisonment, as in the next section provided, unless the plaintiff in such execu- tion shall, on or before that day, file with the jailer an affidavit, stating such facts as would authorize an execution against the body of the defendant, according to the twenty-ninth sec- r 'i->n /-»f til? Q nn^ How entiued to ^45. To entitle such imprisoned debtor to such discharffc, he shall present to the jailer or sheriff in whose custody he shall be, an affidavit settincj forth that tlie execution, bv vir- tue of which he is imprisoned, issued upon a judgment ob- tained on a contract, express, or implied, or obtained upon a judgment founded on such contract ; and thereupon he shall be discharged, and the sheriff shall not be liable to any action for such discharge. May brin?awrit ^ 45. Any peison imprisoned on any process issued out of any court, who shall be entitled to be discharged from such imprisonment under the provisions of this act, may bring a writ of habeas corpus or certiorari for that purpose, in the manner provided in the ninth chapter of the third part of the Revised Statutes. Marine court. § 47. The provisions of tliis act, from the twenty-ninth sec- tion inclusive, shall apply to executions, warrants and other process issued by the marine couit in the city of New- York, by the assistant justices for wards in the said city, and by IMPmSONMENT FOR DEBT. 396 the justices of the justices' court of the city of Albany and of the city of Hudson, and to all proceedings in the said courts and by the said justices, in the like cases and in the same man- ner as herein provided in respect to justices of the peace. 5 48. This act shall take effect as a law on the first day of Act to take effect. March, one thousand eight hundred and thirty- two ; but the secretary of state shall immediately cause a sufficient num- ber of copies of this act to be printed by the state printer, to supply every justice of the peace in the state, and every town clerk and sheriff, with a copy, which shall be transmit- ted by him to the clerks of the different counties, and by them distributed to the officers entitled thereto : the expense of which printing and transmission to the county clerks, shall be paid out of the treasury in the manner provided by law. 336 INFANTRY. Revised Statutes, Vol 1,/?. 895. TITLE X. SPECIAL PROVISIONS. Aht. 1. — Of the infantry of the city and county of New- York. Art. 2.— Of the first and sixth t)rigadcs of New-York state artillery, Abt. 3.— Of the first brigadie of light artillery. ARTICLE FIRST. OF THE INFANTRY OF THE CITY AND COUNTY OF NEW- YORK. Smot. 1. Infantry in New York to parade three times a year. 2. The officers and non-commissioned officers to meet not lessthan 8 times a year. 3. The 1st, 2d, and 3d sections of Title IX to extend to privates as well as non-coa»- misaioned officers in infantry companies in New-York. 4. Certificate to conform to provisions of preceding section. 3. If person holding certificate remove out of bounds of company, &c. he may contlnae to parade therein. fl. How notices, &c. served In New- York. f. Commandants of brigades to appoint brigade courts-martiaJ annually ; of whom »d> consist. 8. They shall have trial of all delinquencies in brigade, except in cases of offloere Bbc«»e rank of captain. 9. Officer ordering court may supply vacancies. 10. Commandant of brigade to deliver returns of dellnQuencIe* to laxKidcnt of conrt, and to judge-advocato. 11. Court to assemble annually, as commandant or brigade shaU dlrec< ; )nd^-6dvO' cato to administer oath to members. ISi rreeident of court to appoint a marshal. A3, Marshal to eumraon delinquents, and to make retams. t4. Judge-advocate may issue summons, &c. 15. Persons notified and not appearing, to be proceeded against as if present, and had pleaded not guilty. 10. Court may open a default taken against a party delinquent. 17. Sentence against a commissioned officer not to be exercised until approved of by officer ordering court 18. Appeal allowed from sentence for delinquency, to commandant of brigade. 19. Officer absenting himself from parade, may be fined not exceeding $25. 20. Officers absenting themselves from improvement meetings, to be fined not less than two, nor more than five dollars. 21. Fines imposed by court, to be reported by president to commandant of brigade. 22. President to make a list of persons fined, &c. and to issue his warrant to collect the same. JO. The officer to whom directed, lo levy fine of goods, &c. of delinquent, or for wa« of them to take his body. £A. He shall make return to president of court. S5. In case e delinquent cannot be found, another warrant may be issued. oa m executing warrant, person to proceed in same manner a? under execution iswued from justices' court. 9T. Keepers of jails to receive persons under euch warrants, aa. Pr€aMente of brigade courtB-manial to account annually to commandant of brir gade, and to pay ovei raonf.y. ' 30. Meaio* bow jppropriatod. mFANTRY. 32T § 1. The iafantry of the city and county of New- York shall t^X'y^ai!*''" parade three times in each year, once by companies and twice by regiments or separate battalions, one of which parades shall be ordered for inspection and review by the command- ant of the brigade, and the remaining parades by the com- mandants of the respective regiments or separate battalions, at such times as they may think proper. (9) § 2. The officers and non-commissioned officers shall meet ^^"^Yngs"^^^^ for militan,^ improvement, not less than eight times in each year, at such hours of the day as may be directed for that pur- pose ; three of the meetings to be ordered by the command- ant of brigade, and the residue by the commandants of regi- ments or separate battalions. The names of all persons who shall absent themselves from any such meeting, without such excuse as the officer ordering the same shall deem sufficient, shall be reported by the brigade inspector or the adjutant, as the case may require, to the president of the brigade court- martial, within thirty days after such meeting. 5 3. The first, second, and third sections of the ninth title certain sections * ' ' ol preceding title of this chapter, shall extend to the privates as Veil as the non- ^{^^f^^'^^ ^° ^^'^' commissioned officers of every company of infantry in the city of New-York ; but such non-commissioned officers and privates, to entitle themselves to the privileges specified in those sections, shall parade uniformed and equipped as there- in mentioned, at all parades directed by law, and also at five additional parades in each year, to be directed by the com- mandant of the regiment to which such company may belong, at such times and in such manner as he may deem best adapt- ^ ed to their improvement in military tactics. ^ 4. The certificate to be granted to such non-commis- certificate. jiioned officers and privates, shall conform to the provisions contained in the preceding section. ^ 5. If anv non-commissioned officer or private holding Removal of pcr- . , • ^ _ "-^ sons holding cer- such a certificate, shall remove out of the bounds of his com- nficatc. pany, battalion, or regiment, but not out of the city of New- York, he may continue to parade w4th the company in which he was first enrolled ; unless excused by the commanding ^ (9) Laws of 1^4, p. 331, ^ 3 ; 1885, p. 413, $ 5, 6. «J6 infantry; officer of suoh company, or unless he shall be transferred to another company or regiment, by the direction, or with the consent, of the commanding officer of the regiment to which euch company belonged. Jfotio»tentgof wai- §23. The Warrant shall command the person to whom it may be directed, to levy the fine or fines of each delinquent, together with the fees for collecting the same, of the goods and chattels of such delinquent ; and if any such delinquent .•>hal] be under agg- and Jive with his father or mother, master INFANTRY. .331 or mistress, then to levy such fine or fines, with such f( c: , of the goods and chattels of such father or mother, master or mistress, as the case may be ; and for want of goods and chattels whereon to levy, to take the body of such delinquent, and him to deliver to the keeper of the jail in said city and county. } 24. The person to whom such warrant shallbe directed, ^'^"™,°^"'^" shall return it to the president of the court-martial in forty days, with a return of his proceedings thereon ; and shall, on or before the expiration of the time limited for the return ^f the warrant, account to the president or liis successor, under oath, and pay to him or his successor, all monies he m.ay have collected or received in virtue thereof. § 25. In case he shall return any of the dehnquents not New warrant. found, it shall be lawful for such president, or his successor, in like manner, to issue another and a further warrant against such delinquents so, from time to time, returned not foujid, until the whole of the fines shall have been collected, or th^* bodies of the delinquents taken. § 26. The person to whom any such warrant shall be de- ^'^7X1?^^ livered, in executing the same, shall proceed in the same manner, be entitled to the same fees, and be subject to the same penalties, as in cases of execution issued out of the marine court, in the said city. § 27. The keeper of the jail in said city and county sliall Duty of jai:-:, receive the body of every person committed under any such warrant, and shall keep him closely confined in such jail, without bail or mainprize, until the fine or fines, for which he shall have been committed, together with the fees for exe- cuting the warrant, and the jailer's fees, shall be paid; but the jailer shall set at liberty every such person after he shall have been so confined ten days. §28. The president of every bri(]:ade court-inartial shall '''■f^''™'f."/ * X JO _ C'Hirta martial to annually, on the first Monday in March, and oftener, if requir-^<^^<^^"*- ed, account upon oath, and pay over to the commandant of the brigade who shall have ordered the said court, and to the commandants of regiments or separate battalions, wifMt, 332 . INFANTRY AND ARTILLERY. his brigade, who are hereby constituted a board of officers for that purpose, or to a treasurer by them to be appointed, all the monies which he may receive as aforesaid. appTied!^ § 29. Such iPionies shall be appropriated by the board, 1. To the payment for room hire and stationary, and for the compensation allowed to the brigade inspector, brigade judge-advocate, and members of the courts-martial and courts of inquiry of the brigade, and the marshals appointed by such courts respectively. 2. To the purchase and repair of colours and instruments of music ; the payment, instruction, and equipment of musicians ; the printing of orders and notices, and such other military purposes as shall be directed and allowed by the board of pfficers. ARTICLE SECOND. FIRST AND SIXTH BRIGADES OF NEW-YORK STATE ARTILLERY. 30. First and eixth brigades of New- York state artillery, to use same weapons, dtc. ia use at passing of this act. 31. Such weapons, &c. and cverj- hor?c enrolled for service, exempt from execution. u3. Officers of said brigades exempt from military duty after six years' service. 33. Non-commissioned officers, &c. shall be exempt after seven years' service. 34. Persons serving in such brigades, entitled to a reduction of 500 dollars, from th» assessment upon their property. 35. Officers, &;c. in light artillery of said brigades, entitled to a like reduction of one thousand dollars. 36. Officers, &c. of such brigades, during service therein, exempt from jury duty. - 37. Regiments of said brigades shall be ordered out for exercise, not less than eight, nor more than twelve times annually. 38. Officers of said brigades- to be exercised four times, and non-commissiwied officem twice, annually. 39. Commandant of each regiment to receive from state military stores, powder, &c for exercise of his regiment. 40. To be a review for tl»e inspection of brigade? on 2d Tuesday of October annually. 41. Light artillery annexed to regiments in these brigades, may be ordered out not lew than eight, nor more than twelve times annually. 42. Officers, &c. how warned to appear at parade. 43. In cases of invasion, «fec. written notices not necessary. 44. Commandants of companies when required to make a return of persons absent from parade. 45. Brigade inspector to make return of officers, &c. present at inspection. 46. Commandants of regiments to make return of officers, &c. absent from Inspection. 47. Brigade courts-martial have power to prescribe or alter forms of returns of delin- quencies. 48. When they prescribe or alter forms, notice to be published in order?. 49. Commandant of brigade to appoint brigade court-martial annually; constitution of court. 50. It shall have the trial of all delinquencies in brigade, except those of officers above the rank of captain, ^i. Provisions of first Article of this Title, from section nine to eighteen, inclueire, to 9pply to foufts-martial of said brigades of artillery. INFANTRY AND ARTILLERY. 33S 39. PtinLshDients, penalties, and fines for not confonning to the provisions of thte arlkle 53. Fines imposed by brigade court-martial, how collected. 54. How disposed of when collected. 55. President and judge-advocate to receive two dollars per day ; members not to receive any thing. 56. When officer is convicted upon charges preferred agaioflt him, to pay costs : if ac- quitted, costs to abide direction of court. 57. Last eeetion not to extend to arrests made by commandants of brigades, &c. 58. Commandants of regiments, &e. to account annually to commandant ot brigade for monies received by thorn. 59. How Buch monies expended and applied. 60. Brigade inspectors to keep a roster of officers In their brigade bolow rank of major. 6L Officers and privates of any company of artillery, not in New-York, their privileges and «zemption«. § 30. The several companies and regiments composing the weap ments. Inspection re- view § 40. There shall be a review for the inspection of the bri- gades, on the second Tuesday of October, in each year, or as soon thereafter as possible ; and the commandant of each brigade, and the staff officers thereof, shall attend such re- view. UfFANTRY AND ARTILLERY. 335 5 41. The troops of light artillery annexed to regiments ^l;^^^ "rS in these brigades, may be ordered out for exercise by the '^"^• commandants of the regimeAts to which they are respective- ly annexed, at least eight and not more than twelve times in each year, including in the number every regimental parade which they may be ordered to attend ; and in addition to their other equipments, may be armed -with rifles, carbines, or lances, as such troops shall elect. § 42. Officers, non-commissioned officers, musicians, and °^"/Qed°^ privates, shall be warned to appear at all parades and places of rendezvous," in the;iaanner prescribed in the fifth Title of this Chapter, except that commissioned officers shall be warned by the serjeant-majors of their respective regiments, who shall make their returns to the adjutant or colonel, in the same manner, and with the like effect, as is provided in said Title in respect to company returns. § 43. In cases of invasion, tumult, and insurrection, it shall Jhc^sl-fficfS not be necessary for commandants of companies to issue written orders or notices for calling out their men : but ver- bal orders and notices shall be sufficient. / j § 44. Every commandant of a company shall, when there- Retuvn o. adin unto required by the commandant of the regiment to which '*''^"^'' he belongs, make a just and ti*ue return of every person ab- , sent from any parade or rendezvous. § 45. The brigade inspector, or person acting as such, Return of in. shall make a just and true return of the officers, non-commis- ^p'"''^'''"- sioned officers, musicians, and privates, present at every parade for inspection and review attended by him, together with the state of their arms and equipments. § 46. It shall be the duty of the commandant of each re sri- ^^t*'"^ of deim ment to make a just and true return of the name of every officer, non-commissioned officer, musician, and private, ab- sent from such review for inspection, to the president or judge- advocate of the brigade court-martial. § 47. The brigade court-martial shall have power to pre- scribe, and from time to time to alter the forms of returns of qucuta. F- nn« Of return*. 336 INFANTRY AND ARTILLERY. delinquencies to be made by commandants of regiments and companies, and also to presci;ibe or alter the forms of returns made by non-commissioned officers, of persons waroed by them to appear on parade. AlteratloM tbcrelQ. § 48. Whenever such court-martial shall prescribe or alter the form of any return, notice thereof shall be published in orders ; after which, such returtis shall be made in the form directed by the court. Brigade court mar-ciaL § 49. The commandant of each brigade shall, on or before the first day of June in each year, appqint a brigade court- martial, to serve also as a brigade court of inquiry, to con- sist of five commissioned officers, at least one of whom shall be a field officer, and president tliereof, and any three of whom, including such president, may make a quorum, except when a captain or subaltern is tried, in which case five members shall be present ; and the commandant shall also detail five supernumeraries, to act in case the number of the ordinary members shall be reduced by challenge or otherwise below five. Power thereof. § 50. Each court-martial shall have the trial of all offences and delinquencies in its brigade, which may be brought to trial within the year ending on the thirty-first day of May, then next ; except such offences and delinquencies of officers above the rank of captain, as are not provided for in the fifty- second section of this article. ^°'''P*lr„.V^*'^'^ § 51. The provisions of the first Article of this Title, from? of this Title ex- ^ *^ ' tended. scction nine to section eighteen, both inclusive, shall appljr to the courts-martial of said brigades of artillery. Penalties and fines. § 52. The following punishments, penalties and fines, shalF be incurred and imposed, for not conforming to the provi- sions of this artiele, unless a satisfactory excuse be produced" to the court-martial : 1. Every commissioned officer who shall neglect to ap- pear and do duty, in the complete uniform and equipments of his corps, at any parade for exercise, when thereunto duly notified, shall forfeit and pay a penalty not exceeding tea dollars for every such neglect. INFANTRY AND ARTILLERY. 337 2. Every non-commissioned officer, musician and private^ who shall neglect to appear, shall forfeit and pay a penalty not exceeding five dollars for every such neglect. 3. Every commissioned officer absenting himself from any meeting for improvement, shall forfeit and pay a penalty of three dollars for every such neglect. 4. Every non-commissioned officer, who shall neglect to execute any warrant or order to him directed, or to return such warrant ; or shall make a false return thereof; or shall neglect or refuse to appear at the place of rendezvous men- tioned in such warrant ; or neglect or refuse to summon any delinquent to appear before any court-martial, when there- unto required by a summons from' the president ; or shall neglect to return any such summons, in his own proper per- son, before such court-martial; shall forfeit and pay for every such offence, a fine not less than five, nor more than twenty- five dollars. 5. Every commissioned officer, for disobedience of orders, < neglect of duty, unofficer-hke conduct and behaviour, or dis- respect to a superior officer ; or for neglect to furnish him- self with a uniform and side-arms, within six months after he receives his commission ; shall be arrested and brought to trial before a court-martial, who may, on conviction, sentence him to be cashiered, and may impose a fine not exceeding ninety-five dollars, or may sentence him to any part of said punishment or penalties, or to be reprimanded or suspended, as the said court-martial shall think proper. 6. Every non-commissioned officer, for neglecting or re- fusing to act as such when duly appointed, shall be sentenced to pay a fine, not exceeding twenty, nor less than five dollars. 7. Every non-commissioned officer, musician or private, who shall, on any day of parade, neglect or refuse to obey the orders of his superior officers, or to perform such military duty or exercise as may be required, or shall depart from his colours, post or guard, or leave the ranks without permis- sion, shall be sentenced to pay a fine not exceeding twentv-' five, nor less than two dollars. § 53. All fines imposed by the brigade court-martial, shall FJ:ieshoweoJ be collected in the manner prescribed in the first Article of this Title ; except that the president of the court shall, within isixty days after any fines have been imposed, issue his war- 43 338 INFANTRY AND ARTILLERY. rant for their colle2tion, directed to the keeper of the jail in the city and county, or in thekiounty in which the deUnquent shall reside ; and except also, that the jailer shall set at lib- erty, any person confined by virtue of such warrant, after he shall have been in close confinement for fifteen days. HovT «ppiied, § 54. All such fines, when collected, after deducting the pay of the president and judge-advocate, and of the marshal, constable, or special deputy, and all necessary expense for room hire, stationary and printing, shall be divided amongst, and paid to, the several commandants of regiments and separate battalions, in the brigade in which such fines shall have been collected, in proportion to the whole amount of fines collected from said regiment and separate battalions, respectively ; but in such manner, that the expenses incurred in and about the trial of delinquencies, and other offences, returned from each regiment, or arising therein, shall be de- frayed out of the fines which may have been, or may after- wards be collected therefrom, as far as the same may go. SXersorcourl 5 55. The president of the court, and the judge-advocate, shall each be entitled to two dollars per day, while on actual duty ; and none of the other members of the court shall be paid for their services ; but it shall, nevertheless, be their duty to attend the said court. co»\Mo(pTosecM- 5 56. When any officer, arrested upon charges preferred against him, shall be convicted, he shall pay the costs of the prosecution ; and if he be acquitted, the court shall have power, in its discretion, to direct the costs to be paid by the prosecutor, or person preferring such charges; and the pre- sident shall issue his warrant for the collection thereof, in the same manner as for the collection of a fine. La" section qua- ^ 57. The last preceding section shall not extend to any arrest made by the commandant of the brigade, or the com- mandant of any regiment or separate battalion therein, on charges preferred by the officer arrestmg. commandantt to § 53^ The commaudauts of resriments and separate batta- account for n»o- ' • • 1 niM- lions, shall, on the first Tuesday in May, in each year, render INFANTRY AND ARTILLERY. 380 an account, on oath, of all the monies by them respectively- received and expended, to the commandant of their brigade. § 59. They shall apply and expend such monies toward b^!;;!fj,JJ£i^" the payment of regimental expenses, as has been heretofore custonlary ; and if any balance shall remain in their hands, upon the rendering of such account, unexpended or unappro- priated, they shall pay the same to the commandant of their brigade, to be by him applied towards paying the expenses of the brigade. ^ 60. Each brigade-inspector shall keep a roster of all the Eost«r. officers in his brigade, below the rank of major. § 6L All officers, non-commissioned officers, privates, and ex^m^tfrfnsof^rr^ musicians, of any troop, or company of artillery, not in the yorZ ^^^ ^°' ^' city of New- York, now attached to the command of the com- * mandant of the sixth brigade, or to any regiment thereof, shall continue to be attached to the same ; and while so attached, they shall be entitled to all the privileges and exemptions that are enjoyed by the officers, non-commissioned officers, and privates, of such brigade of artillery, and be subject to the . same duties, and in hke manner answerable for all delinquen- cies and offences. ARTICLE THIRD. OP THE riRST BRIGADE OF LIGHT ARTILLERY. ' 62. What to compose " first brigade of light artillery ;" how "to be equipped. 63. Rights, privileges, exemptious, and duties, of said brigode. § 62. The two regiments of light artillery, in the counties How composed of New- York, Kings, Queens, Richmond, Suffolk, and West- '" ^"^""'^^^ " Chester, now organized into a brigade, shall continue to be a brigade, to be denominated the " First Brigade of Light Ar- tillery ;" and the several troops and companies composing the same shall be armed and equipped as cavalry, and liable to duty as light artillery ; but nothing in this section contain- ed shall prevent the commander in chief from disbanding said brigade, if, in his opinion, it shall become proper or expedient. § 63. The officers, non-commissioned officers, musicians, P-Jviic-ges and ' exemptions. and privates, belonging to such brigade, shall have and enjoy 340 INNS AND TAVERNS. all the rights, privileges, and exemptions, and be subject to all the duties, as to the number of parades, both of officers, non- commissioned officers, and privates, and liable to the same penalties, vviiich are granted to, and imposed upon, the first and sixth brigades of New- York state artillery, and any troop or company of light artillery, attached thereto. IN^S AJVD TAVERXS. Revised Laws, Vol. l,p. 407. ACT TO REDUCE, ifec. 1813. 1. Recognizance from tavern keepers how taken, and prosecution for brcachef, 2. Commissioners for collecting excist in New-York. 3. Selling without license declared a misdemeanor. 4. Ten dollars for license. 5. License required for selling above five gallons. 6. Duration and etiect of licenses. 7. Compensation to aldermen and assistants. 8. Good character and citizenship required to obtain licens*. 9. License money to be applied to support of poor. 10. Duty of tavern keepers. 11. Competency of jurors and witnesses. 12. Penalties how recoverable. 13. Section 2 of Act of 1824, April 10, amended, 14. Duty of mayor, alderman, and assistant. 15. Penalty for selling without license. from^Lv^em!' ^- § CCXLIV. And be it further enacted, That the recogni- wker^' ^^^^ zances which shall hereafter be given and entered into by per- sons licensed to retail any spirituous liquors to be drank in his or her house, out-house, yard or garden, within the city and county of New- York, in pursuance of the sixth section of the act, entitled " an act to lay a duty on strong liquors, and for regulating inns and taverns," passed 7tli April, 1801, instead of being entered and acknowledged to or in the name of the people of the state of New- York, shall be given to and taken in the name of the said mayor, aldermen, and common- com. council to alty ; and the said mayor, aldermen, and commonalty, in breaches thereof, common couucil couvencd, shall take such order in relation -to prosecutions for breaches of such recognizances, and shall And to make or- also from time to time make such ordinances to regulate late taverns. tavcms ill the Said city, as they may deem suitable and ne- cessary to preserve the good order and welfare of the same. INNS AND TAVERNS. 341 IForty-Seventh Session, — Vol. 6, c. p. 256.] CHAP. CCXV. AN ACT to amend an act, entitled " An act to lay a Duty on Strong Liquors^ and for Regulating Inns and Taverns,^ so far as it relates to the City of New-York^ and for other purposes. Passed April 10, 1824. Whereas the mayor, aldermen and commonalty of the Preamble city of New-York have, by their petition under their corpo- rate seal, prayed for the passage of the following law^: There- fore, 2. § I. Be it enacted by the People of the State of New-York, fo?c™neSnrthe represented in Senate and Assembly, That the mayor of the York!'*"^' *"^' city of New- York, together with the aldermen and assistants of the said city, and no other person or persons whatsoever, shall be the commissioners for collecting the duty of excise of and from the several venders or dealers of strong or spi- rituous liquors, in the several wards of said city, in which such aldermen or assistant aldermen shall respectively re- side ; and shall have power and authority, in pursuance of the provisions of the act, entitled " An act to lay a duty on strong liquors, and for regulating inns and taverns," or of any act amending the same, and in pursuance of the provisions of the charter of the said city, to grant licenses to such persons as they shall deem fit and proper, to retail strong or spirituous liquors, or to keep an inn or tavern, pubhc ordinary, or vic- tualling house, within the said city. 3. § II. And be it further enacted. That every person who gpiiing without shall sell by retail, or deliver in pursuance of any sale in the anSemc^anor! said city, any wine, or strong or spirituous liquors, to be drank in his or her house, out-house, yard or garden, without license as aforesaid, every such person shall, in addition to the penalties for such offence prescribed in and by any act of the legislature, or by the charter of the said city of New- York, be considered guilty of a misdemeanor, and shall be punished by fine and imprisonment, or either, at the discre- tion of the court having cognizance of the offence. 343 INNS AND TAVERNS. liTSe^lT '"' 4. § III. ^7i6? be it further enacted, That the sum to be charged and demanded by the said commissioners, for each and every license to be granted by the first section of this act, shall be ten dollars and no more, any thing in any law of this state, or the charter of the said city, to the contrary not- withstanding ; and no other license or demand shall be made for vending spirituous liquors in said city but as is provided for in this act. f^ol'^euingTbovJ ^' § I^' "^^^ ^^ U furtkcr enacted, That it shall not be law- sgaiions. f^^i ^Qj, gj^y person or persons in the said city, to gell any strong or spirituous liquors above five gallons, without being licensed by the said commissioners, as provided for in the first section of this act, under the penalty of twenty-five dol- Proviso. lars for every offence : Provided, That nothing herein con- tained shall apply to any sales made by any importer or dis- tiller, of any liquors imported or distilled by them. f?c"tonkengel^'^' ^' ^ ^' ^^^ ^^ '^^ further enacted. That all such licenses shall be issued and shall take effect at such times as the mayor, aldermen, and commonalty of the city of New- York, in com- mon council convened, may from time to time direct. And further. That no such license shall continue and be in force for a longer term than the first day of May next succeeding the time they shall take effect. Compensation. 7. ^ VI. Aud he it further enacted, That the aldermen and assistant aldermen of the respective wards of the said city, who shall so attend upon the granting of said licenses, shall receive such compensation for each and every day they shall respectively so attend, as the said common council may from time to time allow, to be paid out of the treasury of the said city. Good character 8. § VIII. And he it further enacted. That no such license and citizenship , ., / . -^ , . . , . . - required. shall be granted to any person who is not, m the opmion of the said commissioners, of good moral character, and who is not a citizen of the United States : Provided nevertheless, that it shall be lawful for the said commissioners in their discretion to grant such licenses to such aliens as are now licensed for the purposes aforesaid, in said city. INNS AND TAVERNS. 843 9. J VIII. And be it further enacted, That all monies \o[Tipp\TeTffr which shall be paid and collected by virtue of this act, shall be ^"pp°" °^p°°'' applied towards the support and maintenance of the poor of the city of New- York. 10. § IX. And be it further enacted, Th^i no i^LYern-keeiperf kee"pL°&c*^*™ grocer, or keeper of an ordinary or victualling-house, or pub- lic garden, in the city of New- York, shall permit any riotous or noisy persons to be assembled in his house, out-house, gar- den or premises, on Sunday, nor shall he sell, or suffer to be sold, or expose for sale, on said day, any strong or spirituous liquors, or permit or suffer any excessive drinking, or per- sons to be drunk within such house, garden, or premises, nor on any day shall permit any manner of unlawful gaming, quarrel- ling, or disorderly practice or conduct, nor keep any billiard table, nor any other instrument or device used for gaming, or knowingly harbor or entertain persons of ill fame or character in any such house or premises ; and that it shall and may be sJ'pprelsed^^*" lawful for the mayor of the said city, in conjunction with the aldermen and assistant aldermen, to hear and determine, in a summary way, any complaint which may be preferred against any tavern-keeper, grocer, or keeper of any ordinary or victualling house, or public garden, in the ward in which such aldermen and assistant aldermen shall reside, for any offence in the premises, and in case they shall judge it pro- per, to deprive such person of his license. 11. § X. And be it further enacted, That nothing contained Jurors.witncsBc*, in this act shall in any way affect any suit for any penalty heretofore incurred under the act hereby amended, or any act in addition to, or amendatory thereof; and that it shall be no objection to the competency of any juror or witness, in any suit to be brought in the city of New- York for a pe- nalty under this act, or under any other penal act, that such person is a taxable inhabitant or citizen of said city. 12. § XI. Andbe it further enacted, That it shall be lawful reco^S. ''^'^ for the said mayor, aldermen and commonalty of the city of New- York, to sue for, prosecute and recover, in their own name, but for the use of the poor of the said city, in any court of competent jurisdiction, every penalty and forfeiture incur- red in the said city, under the act, entitled " An act to lay a 344 INNS AND TAVERNS. duty on strong liquors, and for regulating inns and taverns ;" and that actions therefor m£ty be brought in the supreme court, or any court of common pleas, and if judgment shall be obtained against the defendant, common pleas costs shall be recovered, and if the defendant shall obtain judgment, he shall only be entitled to recover such costs. [Fiftieth Session.— Vol 7. c. p. 307.] CHAR CCLXXX. AN ACT to define and amend the second section of the act, en- titled " An act to amend an act to lay a Duty on Strong Li- quors, and for regulating Inns and Taverns, so far as it re- lates to the City of New-York^ and for other purposes ^^* passed April 10, 1824. Passed April 14, 1827. Whereas doubts have arisen whether any penalty can be recovered against persons selling liquor without license in the city of New- York, under and by virtue of the second sec- tion of this act : Therefore, V § 13. jBe it enacted by the People of the State of New-York,. Sections of act represented in Senate and Assembly, That every person who amended. ' ^ " ' shall scll by retail, in the city of New- York, or deliver in pursuance of any sale in the said city, any wine or strong or spirituous liquors to be drank in his or her house, out-house, yard, garden, or premises, without being licensed according to law, shall forfeit and pay the sum of twenty-five dollars for every such offence, to be recovered with costs of suit, in the name of the mayor, aldermen, and commonalty of the city of New- York, for the use of the poor of said city, in any court having cognizance thereof. INNS AND TAVERNS. 345 [Forty-Eighth Session.— Vol. l,a.p. 389.] CHAP. CXCVI. AN ACT to amend the act, entitled " An act to amend an act, entitled "An act to lay a Duty on Strong Liquors, and for regulating Inns and Taverns, so far as it relates to the City - of New-York, and for other purposes, ^^ passed April \0, 1824. Passed April IC, 1825. 15. § I. Be it enacted by the People of the State of New- Licenses. York, represented in Senate and Assembly, That none of the provisions of the act hereby amended, shall be construed to require any other persons than the mayor of the city of New - York, and the alderman and assistant of the ward in the said anKssLanrTn city in which such alderman and assistant shall be elected, which they are to determine upon the propriety of issuing (as commissioners ^" ^ " for collecting the duty of excise, under the act hereby amend- ed,) or to issue or sign any license to any person or persons, as venders or dealers of strong or spirituous liquors, in or for the ward of said city in w^hich such alderman and assis- tant shall be elected ; and the said mayor and the said alder- man, and assistant of each respective jvard, or a majority of them, shall exercise all the powders under the act hereby amended, in and for the ward in which such aldermen and assistants shall be elected. 16. § II. And be it further enacted, That if any person or penalty for sen persons m the said city, shall sell by retail, or deliver in pur- cense, suance of any sale in the said city, or allow, consent to, or permit any wine, or strong or spirituous liquors sold by re- tail, or delivered in pursuance of any sale in the said city, to be drank in his or her house, out-house, or garden, or in or upon his or her premises, without being licensed according to the law as hereby amended, he, she, or they shall, for every such offence, be considered guilty of a misdemeanor, and shall be liable to the like pains, penalties, and punish- ments prescribed in the second section of the^ said law here- by amended: And further. That all the provisions of this law, shall apply to the law hereby amended, in the sarfte man- ner, and to all intents and purposes, as if this law was in- corporated in and made a part thereof in the place and in- stead of any part or parts thereof that maybe considered re- pugnant hereto. 44 346 INSPECTION— OF flour and meal. / INSPECTION OF FL.OUR AND MEAL. Revised Statutes, Vol. 1.^.536. INSPECTION OF PROVISIONS, PRODUCE, AND MERCHANDISE.* Art. 1.— Of the inspection of flour and meal. Art. 2.— Of the inspection of beef and pork. Art. 3.— Of the inspection of pot and pearl ashes. Art. 4.— Of the inspection of fish. • ^ Art. 5.— Of the inspection of fish or liver oil. Art. G. — Of the inspection of lumber. Art. 7. — Of the inspectitm and culling of staves and heading. Art. 8. — Of the inspection of flax seed. Art. 9.— Of the inspection of sole leather. Art. lO.-^Of the inspection of hops. Art. 11.— Of the inspection of distilled spirits. Art 12.— Of the inspection of leaf tobacco in the city of New- York. Art. 13.— General provisions. ARTICLE FIRST. OF THE INSPECTION OF FLOUR AND M^AL. Sect. 3. Flour and meal not to bo exported from this state, unless inspected ; exceptions. •2. When and where to be inspected, and when to be re-inspeCted. 3. Flour and meal manufactured in this state for exportation, to be packed in casks. 4. Dimensions of casks. 5. 6, 7, 8. Casks how viiarked and branded. 9. When packed and branded, inspector to inspect same. 10. His duty in so doing. 11. No cask containing Indian meal to be branded, unless made of kiln-dried corn. 12. Inspector to deliver to owner, flour and meal taken from cask. 13. Flour and meal not made i» this state, to be inspected before sale in New- York. H. Penalty for shipping flour and meal without being inspected. 15.' Vessels suspected to contain flour, &c. shipped contrary to law, to be searched. 16. Inspector may seize and sell all flour or meal so shipped ; his proceedings. 17. Penalty for offering casks of flour or meal, on which tare is undermarked. 18. Penalty for undermarking tare of cask. 19. Penalty for exporting casks marked " light." 20. Penalty for neglecting to have flour or meal inspected at place of exportation. 21. Penalty for altering brand marks. 22. Penalty for ofl'ering for sale mixed flour, as good wheat flour. 23. Penalty for transporting into New-York, Indian meal, upon deck of vessel. * By the charter of the city, January 15, 1730, p. 73, the mayor, aldermen and commonalty of the said city, and their successors, that the common council of the said city, for the time • being, or the major part of them, shall have full power and authority to license or appoint by warrant, under the common seal of the said city, or otherwise, one or more surveyors of flour, . bread, beef, pork, and other provisions, measurers of grain, salt, and all other commodities, gaugers of wine, beer, ale, cider, rum, brandy, and all other saleable or exciseable liquors, &c. and to displace all or any of them, and put others in their room, and to add or diminish the number of them, or any of them, as often as the said common council of the said city, or the major part of them, shall think fit. The common council in pursuance of this power in the charter, formerly appointed surveyors of flour, &c. measurers of grain, &c. embracing all the subjects now included in our inspection laws. The colonial assembly of the province and the legislature of the state, have from time to time resumed or assumed jurisdiction over most of tlie subjects enumerated above, and liave regulated the appointment by legislative enactments. INSPEGTION— -OF FLOUR and meal. 347 24. No inspector to purchase or sell flour or meal, except for his own use ; penalty. 25. Not to be connected with any flour manufacturer or merchant ^ penalty. 26. Inspector in New- York, when to give certificate of quality of flour, &g. 27. Genuineness of such certificate, how verified; presumptive evidence. 28. Inspectors in New- York, Albany, and Troy, may appoint assistaiits, &c, 29. Inspector in New-York may execute his duties in adjoining counties. 30. Compensation of inspectors. 31. New- York inspector. § 1. No wheat flour, rye fiour, Indian meal, or buckwheat ^?^Jen''fJ"\,e^^'i meal shall be shipped for exportation from this state, except- ^p^^^*^- ing to be earned down the Susquehannak, or on the lakes, or the river St. Lawrence, unless it shall have been inspected, , approved and branded, according to the provisions of Jliis Article. But this prohibition shall not extend to any flour or meal, which shall be brought from any other stale, through one of the canals, and which shall have been inspected and branded, according to the laws of such' state. (23) itij. § 2. All flour or meal purchased for exportatic^i, shall be inspected at the place of exportation ; and if shipped be- tween the first day of May and the first day of October, shall be re-inspected at the time it shall be shipped, unless it shall have been inspected within thirty days previous to such shipment. § 3. All wheat flour, rye flour, Indian meal, or tuck^wheat now packed, meal, manufactured for exportation in this state, shall be packed in good and strong casks, made of seasoned oak, or other sufficient timber, and hooped with at least ten hoops, three of which shall be on each chime, and properly nailed. § 4. The casks shall be of two sizes only; one size shall sizcorcasks-. contain one hundred and ninety-six pounds of flour or meal, with staves of twenty-seven inches long, and each head six- teen and one half inches in diameter ; the other size shall contain ninety-eight pounds, with staves twenty-two inches long, andeach head fourteen inches in diameter, or with st.aves twenty-sev6n inches long, and each head not more than twelve inches in diameter ; but Indian meal may likewise be packed in hogsheads, which shall contain eight hundred pounds. §5. The casks shall be made as nearly straight as may and ^frliS''''^ be, and their tare shall be marked on one head with a mark- (23) This article was compiled, with some variations and additions, from th«» following ■tatutcs :— 2 R. L. 320 ; Laws of 1822, p 117 ; 1827, p. 323. 348> INSP^ECTION— OF flour and meal. ing iron ; they shall likewise be branded with the weight of ^ , the flour and meal contained therein, and with the initials of . the christian name and the sm'name of the manufactm'ers thereof, at full length, except hogsheads of Indian meal, on which the weight only shall be branded. Casks how mark- ed and branded. § 6. Every such cask of wheat flour shall be branded as follows : if of a very superior quality, " Extra Superfine ;" if of a quality now branded "Superfine," with the word " Superfine ;" if of a third quality, " Fine ;" if of a fourth •quality, " Fine Middlings ;" if of a Fifth quality, " Mid- dliilgs ;" if of a sixth quality, " Ship Stuffs." iMd. § 7. Each cask of rye flour intended for the first quaHty, shall be branded with the words " Superfine Rye Flour ;" and each cask intended for the second quahty, with the words " Fine Rye Flour." Ibid. § 8. Each cask of Indian meal shall be branded with the w^ords " Indian Meal ;" and each cask of buckwheat meal, with the letter and word " B. Meal." Inspector to in- spect. § 9. When the flour and meal has been packed, and the casks branded, according to the preceding provisions, appli- cation may be made to an inspector of flour and meal, and it shall be his duty to examine and determine the quality of the flour and meal. Hiiduty. § 10. It shall be the duty of the inspector, 1. To ascertain, by examination, the weight of all the casks which he may suspect of being falsely tared : 2. To alter and correct the brands, in all cases where he skall be of opinion that they do not designate the real qua- lity of the flour or meal: ;jH 3. To w^eigh such casks as he shall suspect not to contain the full weight, and if they do not contain the full weight, to brand them with the word " Light :" 4. To brand all casks containing flour or meal so damaged as not to be fit for exportation, with the word " Bad :" And lastly, on all casks made, branded and packed, ac- cording to the provisions of this Article, to brand in a legi- ble manner on the quarter, the initials of his christian name INSPECTION— OF FLOUR AND MEAL. 3^ and his surname, at full length, together with the name of the county where the inspection has been made. § 11. No inspector shall brand any cask containing Indian Indian meai. meal, unless the same shall have been made of corn, proper- ly kiln dried, and shall be ground fine and bolted. § 12. The inspector, if required, shall deliver to the owner tarrrrom S! or his agent all flour or meal taken from a cask, with the '" i"spe">ng- auger or instrument that he shall use for the purpose of in- spection, under the penalty of twenty-five dollars, to be re- covered by the owner, in addition to his actual damages ^nd costs of suit. § 13. All flour or meal not manufactured within this state, /'our ^^^iJ in n. •■ York, when to be which shall be ofiered for sale in the city of New- York, in inspected, casks, except damaged flour sold as such at auction, shall be inspected previous to its being so offered, in the same man- ner as flour intended for exportation, and be subject to all the provisions and penalties of this Article. § 14. Everv person who shall ship, or attempt to ship, for penalty for ghip- * ^ „ 1 • J ping flour or meal exportation irom this state, any flour or meal not inspected not inspected, and branded according to the provisions of this Article, shall forfeit the same ; and every person who shall have exported from this state any such flour or meal, shall forfeit the sum of five dollars for every cask so exported. ' § 15. Everv inspector shall have power to enter on board Power and duties r 1 T^ • 1 1 r- n of inspector. of any vessel between sunrise and sunset, to search for flour or meal that he may suspect to have been shipped contrary io the provisions of this Article ; and every person who shall obstruct any inspector in the execution of this duty, shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried. § 16."" It shall be the duty of every inspector to seize and take into his possession all flour and meal that he shall dis- cover to have been shipped, or attempted to be shipped, contrary to the provisions of this Article. He shall sell the same at public auction, giving at least five days' public no- Ibid. 350 INSPECTION— OF FLOUR and meal. tice, in some newspaper printed in the county or place for which he is appointed, of the time and place of such sale ; and shall pay the proceeds, deducting ten per cent, for his trouble and expenses, to the superintendents, or other per- ' sons having the charge of the poor, in the county or place where the seizure shall be made. ing^when^tare'is § 1'^. Evcry pcrsou knowiugly offering for sale any cask un ennar e . ^^ flour or meal, upon which the tare shall be undermarked, or in which there shall be * a less quantity of meal than is branded thereon, shall forfeit five dollars for every cask so undermarked, or deficient, one half to the use of the person who shall be injured, and shall prosecute for the same, with such other damages as he shall sustain, and the other half to the use of the poor of the city or town where the recovery shall be had. For undermark- § 18. Evcry manufacturer of flour or meal, who shall un- iiig tare, &.C. •» y 7 dermark the tare of any cask, or shall put therein a less quantity of meal than is branded thereon, shall forfeit the sum of five dollars for every cask so undermarked, or defi- cient, one half to the person who shall be injured, and shall prosecute for the same, with such other damages as he shall sustain, and the other half to the use of the poor of the city or town where the conviction shall be had ; but such penalty shall not be recovered, when the light weight shall appear to have been occasioned by some accident unknown to such manufacturer, and which happened after the packing of the cask. For exporting § 19. Evcry pcrsou wlio shall etport from this state any '^ " ' flour or meal in casks, which shall have been marked " fight" by an inspector, shall forfeit the sum of five dollars for every cask so branded and exported. For npciect to § 20. Evcry purcliaser of flour or meal for exportation, meal inspected, who shall ncglcct to havc the same duly inspected and branded at the place of exportation, according to the provi- sions of this Article, shall forfeit the sum of five dollars for every cask so purchased and not inspected, although such cask may have been^inspected and branded previous to such purchase. INSPECTION— OF FLOUR and meal. 351 § 21. Every person who shall alter or counterfeit any Jg^^arks"'""^"''' brand marks, whether state or private, made under the pro- visions of this Article, shall forfeit the sum of one hundred dollars fof every cask, the brand of which shall be so altered or counterfeited ; and every person who shall put any flour or meal in an empty cask, branded by an inspector, and offer the same for sale in such cask, without first cutting out the brands, shall, for each cask, forfeit the sum of five dollars. § 22. Every person who shall knowingly offer for sale, as f'«;/«"ing "^i^^d good wheat flour, any flour which shall be found to contain a mixture of Indian meal, or any other mixture, or any un- sound flour, shall forfeit for every cask the sum of five dol- lars ; and for the payment of this penalty, the flour shall be liable, arid may be seized and sold by the inspector, § 28. Every person having charge of any vessel, who indiVrmearoS shall transport into the state of New- York any Indian meal ^'^^^^ upon the deck of the vessel, shall forfeit twenty cents for eveiy barrel, and eighty cents for every hogshead of such meal. § 24. No inspector of flour or meal shall purchase or sell ^''TiTfiZ' '^■ any flour or meal, except for his private use, or be directly ""*^*^' or indirectly concerned in any such purchase, under the pe- nalty of five hundred dollars for each offence. § 25. No such inspector shall be in any manner connected ^^'^'^■ in business or trade, with any flour manufacturer or flour merchant, or act as agent for any such manufacturer or mer- chant, or any other person, in the purchase or sale of flour or meal ; and every inspector who shall violate this provi- sion, shall forfeit his office, and shall be for ever thereafter in- capable of acting as an inspector, under any of the inspection laws of this state. § 26. It shall be the duty of the inspector of flour in the lospector to give city and county of New- York, whenever required, to certify '"'^'^''*^^- under his hand, the quality of any flour inspected by him, and the state and condition thereof, and of the barrels con- taining the same, specifying, as particularly as may be, the extent of any damage, appearing on such inspection; the ap- , parent cause thereof, whether by exposure or injury in trans- 852 INSPECTION— OF flour and meal. portation, or in consequence of the original putting up of such flour ; and also specifying the brands or other marks upon the casks inspected, and the name of the consignees thereof. For every such certificate, the inspector shall be entitled to receive ten cents for every folio of one hundred words contained therein. enZfeT'' ^""^ § ^7. Evcry such certificate shall be presented to the clerk of the city and county of New- York, and if he shall be sa- tisfied that it is genuine, and that the person signing the same . is inspector of flour and meal for that city, he shall endorse thereon his own certificate to that effect, under his hand and seal of office ; and every certificate of an inspector thus veri- fied, shall be presumptive evidence, in all courts, of the facts therein contained. Assistants. § 28. The iuspcctor of flour and meal in the city of New- York, and such inspector in each of the cities of Albany and Troy, may appoint as many assistants to assist him in the execution of the duties of his office, as he may deem neces- sary, who shall hold their office during his pleasure ; and for , ' whose acts, all of which shall be performed in his name, he '■ shall be responsible. i Powers of inspec- § 29. Such insDcctor for the city and county of New- York, tonnJS'ew-York. "" i i • r* i • rn • may execute the duties of his office, in any county immedi- ately adjoining. He shall appoint a deputy in the county of Kings, to inspect all flour and meal manufactured for inspec- tion in that county ; which, when so inspected, may be ex- ported from that county, and from any other part of the state, in the same manner as if inspected in the city of New- York. CHAP. CCC. AN ACT to amend the act Part First, Title First, Chapter Seventeenth, of the Revised Statutes, ^^ Of the Inspection of Flour and Meal" Passed April 26, 1832. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Fees. 30. § 1. Every inspector of flour and meal shall be enti- tled to receive the following compensation for his servicer. INSPECTION— OF FLOUR AND MEAL. 353 to be paid by the person offering such flour or meal for in- spection; For inspecting, boring, branding, and plugging every hogshead, three cents, every barrel or half barrel, one cent, when inspected in tlie city and county of New- York, and two cents when inspected in any other county. For weighing and ascertaining the light weight, or under tare of any hogshead under tare, thirty cents; of any barrel or half barrel, six cents. § 2. Section thirty of the act hereby amended, is repealed. Repeal. 31. § 3. The inspector of flour in the city of New- York, in his annual report to the legislature, shall give a detailed statement of his disbursements, in which he shall state the amount paid, to whom paid, when and for what purpose, which return shall be made under oath. New-York in- spector. * Various acts have been passed both by the colonial, and since the organization of the present government, regulating the inspection and exportation of flour. In the year 1750, November 24, V. S. vol. 1, p. 294, an act was passed, entitled an Act to prevent the exportation of Flour and,the false tareing of bread and flour casks. The preamble recites, that whereas in all well regulated states the greatest care is taken to have their staple com- modities put under proper regulations, and as the flour of this colony (its gre.itest staple) has in a great measure lost its reputation abroad; tlierefore in order to preserve and retrieve the same, &c. the act then requires all bolters of flour, and bakers of bread for exportation, to have a brand-mark and brand every cask of flour and bread, under a certain penalty, and to cause him to enter his brand mark, together with his name and place of abode, witli the clerk of the court of sessions, &c. Many other acts have been passed, altering, amending, repealing, modifying, reviving, and improving the law upon this subject. See the list of acts ia this vol. 45 354 INSPECTION— OF beep akd pork. ARTICLE SECOND. OF THE INSPECTION OF BEEP AND FORK.* Sjsct. 31. Beof and pork not to be exported without Inspection; 32. Exceptions from the preceding section. 33. Penalty for violating two last sections. 34. Inspectors of beef and pork to give bond. 35. To provide store or yard, when storage allowed. -** 36. Barrels for re-packing beef and pork, how to be made. 37. Dimensions of barrels. 38. What staves and heads to be made of. 39. Hoops to be well set, &.c. ; barrels how to be branded ; size of half-banels. 40. In what barrels beef and pork re-packed in certain counties, may be packed. 41. Inspector to brand none but well fatted and properly packed beef and pork. 42. Different qualities of pork. 43. How much salt and pickle to be put into cacli barrel. 44. No thin oj bad pork to be branded under the foregoing provisions. 45. What beef may be re-packed for exportation. 46. Different qualities of beef, and of what each shall consist. 47. How much salt, &c. to be put into each barrel. 48. Bloody and neck pieces of beef, hovr to be prepared. 4'J. Beef and pork re-packed, how pickled ; duty of inspectors, if casks are too large. '■ 50. Weight, &c. of every barrel to be branded on its head. 51. How b^ef killed according to customs of Jews, to be packed, &c. 52. Provisions of two sections of Article 1st, to apply to beef ahd pork In New- York. 53. Fees of inspectors. 54. Penalty on inspector for being concerned in purchasing cattle or hoga for ealo 55. Penalty on inspector for inspecting, &c. out of his own county. 56. The store and yard of inspector in New- York to be on margin of river. 57. Penalty on persons not being inspectors for branding casks, &c. 58. Penalty for exposing beef or pork to sun. Sec, after inspection. 59. Penalty for intermixing or shifting beef or pork after being branded. 60. Penalty for slaughtering cattle or hogs contrary to this Article. 61. Penalty for altering inspectors' mark, &c. Beef and pork § 31. No bccf or pork, with the exceptions stated in the epected. next sectioH, shall be exported or shipped for exportation from this state, unless it shall have been previously inspected, ♦ It appears by the charter of the city, p. 73, the common council were invested with au- thority to appoint surveyors of beef and pork. They were appointed in the early colonial government of the city. What their power and duties were, except as indicated by their title •' Surveyors," it is difficult to ascertain from our judicial history. The first legislative act to be found in our statute book upon the subject was passed 3d of November, 1740, V. S. vol 1, p. 267, entitled an act to prevent abuses in the re-packing of beef and pork. The preamble recites, whereas frequent complaints have been made of abuses committed in the re-pack- ing of beef and pork, and putting the brand-markof the city of New- York on barrels con- taining beef and pork imported from other places, particularly North Carolina, Virginia, and Maryland, to the disreputation and undervaluing of beef and pork of the produce of this colony exported from hence ; to prevent which abuses for the future, the act then directs how the different qualities of beef and pork shall be packed and branded, the size of the casks, the packer's oath, and the penalties for violating the act. This act was amended by an acfpassed 19th of May, 1744, V. S. vol. 1, p. 238, which authorized the re-paekers in the city of New-York to brand half barrels. From this period to the present time, numerous acts have been passed in relation to this subject, wiiich may be found on a roferenee to the list of acts in this volume. INSPECTION— OP BEEF AND PORK. »55 pickled and branded by an inspector duly qualified, and ac- cording to the provisions of this Article. (24) § 32. The preceding section shall not extend to beef or iwd. Exoeptk»a. pork, exported or shipped to either of the provinces of Up- per or Low^er Canada, by wslj of the lakes, or of the river St. Lawrence ; nor to the beef or pork brought into this state from any of the United States, and packed and branded agreeably to the laws of the state whence it is brought; nor shall it be construed to prevent any licensed butcher from putting up beef in barrels, half barrels, tubs or kegs, for ship stores, or in kegs or tubs for exportation, if such beef be put up by the butcher killing the same, and the name of such but- cher, and the weight contained, be branded on the head of each barrel, half barrel, keg, or tub. § 83. Every person who shall ship, or attempt to ship, any penalty, beef or pork, contrary to the provisions of the two last sec- tions, shall forfeit the sum of fifteen dollars for every barrel and half barrel so shipped or attempted to be shipped. 5 34. Every inspector of beef and pork, before he shall en- ineiM»tor'« bond. ter on the duties of his office, shall give a good and sufficient bond, with one or more sureties, to the people of this state, to be approved of by the clerk of the county in which such in- spector may reside, both as to the form of such bond, and the competency of the surety or sureties, in the penalty of two thousand dollars, conditioned for the faithful performance of his duties as such inspector, under the laws of this state; . which bond shall be duly filed in the office of such county clerk. ' §35. Every such inspector shall provide himself with a store or yard, good and sufficient store or yard, capable of receiving and storing such beef and pork as may be brought to him for in- spection, in such place as will be most accommodating to employers, and best calculated to facilitate their business ; but nothing shall be allowed for storage of any inspected beef or pork, if it shall be removed and taken away within three days after notice given to the owner or agent of its being re-packed. (24) Compiled, with ponic amp.ndmenls.lfrom the following stftfu>o« : 2K. L. 324; LawB ..f 1814, p. 140 ; leiS, p. 23?; HiSl, p. 9 ; 1&25. p. 437. 356 Barrels how m«de, &.e. Ibid. INSPECTION OF BEEF \SD PORK. § 36. All bam-els in which any beef or pork shall be re- packed, shall be made of go^d seasoned white oak or white ash staves and heading, free from every defect; and each barrel shall contain two hundred pounds of beef or pork. § 37. Such barrels shall measure seventeen and a half inches between the chimes, and be twenty-eight inches long, and be hooped with twelve good hickory, white oak, or other substantial hoops ; if the barrel be made ofash staves, it shall be hooped with fourteen hoops at least. Ibid. § 38. Such staves and heads shall be made of good tliick stuff, the heads not less than three quarters of an inch thick, and each and every stave, on each edge, at the bilge, shall not be l(5ss than half an inch thick, wdien finished. Ibid. § 39. Such hoops shall be well set and drove, and the bar- rels branded on the bilge with at least the initial letters of the cooper's name ; the half barrels shall contain not less than fifteeAiy nor more than sixteen gallons, and be. made in pro- portion to, and of like materials as a whole barrel, and shall contain one half the quantity of beef and pork of the whole barrel. Ibid. § ;^. All beef and poi'k, Avliich shall be re-packed in, and exported from the counties of Suffolk, Kings and Queens, may be packed in barrels as nearly straight as n:iay be, made of good seasoned red oak staves and heading of the growth of the said counties respectively, free from sap and every de- fect, and made otherwise as above directed ; and without being subject to a re-examination, may be exported from the city of New- York. Inspector to ex- amine. § 41. Every inspector shall examine and sort all beef and pork that he shall inspect, and shall brand none but such as is well fatted, and packed in casks of the proper dimensions. Quaiitiesofpork. § ^^- There shall be three qualities of pork, that may be branded on inspection : 1. The first quality shall be denominated "mess pork,** and shall consist of the sides of s^ood hi hogs, exclusive of INSPECTION— OF BEEF AND PORK. - ^1 all other pieces ; and each barrel containing it, shall be branded on one of its heads, " Mess Pork :" 2. The second quality shall be denominated " prime pork," of which there shall not be, in a barrel, more than three shoulders, the legs being cut off at the knee joint, nor more than twenty-four pounds of heads, which shall have the ears and snouts cut off, the snouts cut off to the opening of the jaws, and the brains and bloody grizzle taken out of the heads ; and pork to constitute a barrel of prime, shall be made up of side the rest of the pieces, rieck and tail pieces ;' and one head of every barrel of such pork, shall be branded, "Prime Pork ;" 3. The third quality shall be denominated " cargo pork," of which there shall not be in a barrel more than thirty pounds of head and four shoulders, it shall be otherwise merchanta- ble pork ; and shall be branded on one head of each barrel, " Cargo Pork :" 4. Side pork so re-packed, shall be cut from the back-bone to the belly, in pieces of about five inches wide, and which in weight shall not be under four pounds ; otherwise the barrels containing the same shall not be branded as mer- chantable. § 43. Into every barrel of pork branded by an inspector, sait and pickie. under the preceding section, there shall be put not less than sixteen quarts of salt, equal in weight to good and pure Turk's-Island salt, and a strong new pickle; but if .such pork is inspected and branded when fresh, then there shall not be less than twenty-four quarts of salt of the same qua- lity above designated put into every barrel, exclusive of strong new pickle. § 45. No thin, soft, rusty, meazley or tainted pork, shall Bad pork. in any case be branded under the foregoing provisions ; but pork of that description shall be marked by the inspector on the head of every barrel containing it, with paint, and by such marking its true character shall be designated. hat beef lo be je-parked for ex- § 45. No beef shall hereafter be re-packed, in barrels, for ^^' exportation, unless it be for fat cattle not under three j^ears po"''^*'^" old; and all such beef shall be cut into pieces, as square as may he, and which shall not exceed twelve, nor be under four pounds in weight. ^1 508 INSPECTION— OF BEEF AND PORK. QttAlitVM. § 46. All beef which an inspector shall find on examina- tion to have been killed at a^ proper age, and to be fat and merchantable, shall be sorted and divided for packing and re-packing, in barrels and half-barrels, into four different sorts, to be denominated " extra mess," " mess," " prime," and '* cargo beef." 1. Extra mess beef shall consist of none but the most choice pieces of the largest and fattest cattle, and weighing not less than six hundred pounds of beef, excluding the hide and tallow; 2. Mess beef shall consist of the choice pieces of such beef as is large and well fatted, without hocks, shanks, clod or necks, and may, or may not, contain two choice rounds out of the same cattle, not exceeding ten pounds each: 3. Prime beef shall consist of choice pieces of good fat cattle, of which there shall not be more in a barrel than one half neck, nor more than two shanks, with the hocks cut off of the hind-legs at the smallest place above the joint: 4. Cargo beef shall be of fat cattle, with a proportion of good pieces, and not more than one half of a neck, three shanks with the hocks cut off in the same manner as in prime, in a barrel, and to be otherwise merchantable : On one of the heads of each barrel and half-barrel, con- taining the proper quantity of beef of any one of the qualities above described, the inspector shall brand the words " Ex- tra Mess Beef," or " Mess Beef," of " Prime Beef," or " Gar- go Beef," according to the quality of the beef inspected. SaH,^- § 47. Into every barrel of beef that shall be so inspected and re-packed there shall be put no less than twenty quarts of salt, equal in weight to good Turks-Island salt, four ounces of saltpetre, and, in addition, a strong new pickle. ^^*^Vo"ei'^'^ § 48. All bloody and neck pieces ofbeefoffered for inspec- tion, before they shall be put up and branded, shall lie in salt, or salt and pickle, a sufficient length of time to extract the blood, to the satisfaction of the inspector. fickle how made § 49. All beef and pork re-packed within this state, shall be pickled with strong good pickle, made of any kind of good clean salt, as much as will dissolve in good fresh wa- ter ; and if the barrels and half barrels shall be larger than irCSPECTION— OF BEEF AWD PORK. tli6 dimensions prescribed in this Article, they shall be con- demned by the inspector, or be filled up by him with good pieces of beef or pork, at the expense of the owner, if the owner shall so neglect. 350 § 50. On the head of every barrel and half barrel of mer- chantable beef or pork, inspected and re-packed, shall be dis- tinctly branded the weight it contains, with the first letter of the christian name, and the surname at full length, of the in- spector who has inspected the same, or both names at full length, with the words, " New- York City," if inspected in the city and county ol New- York ; and the name of the coun- ty, and the words " State of New-York," if inspected and branded in any other county. Barrel?, huw made. 5 61. All beef, killed according to the rites and customs Beeffot lews, of the people called Jews, shall be packed and put up ac- cording to the directions of this Article, and shall be branded with the additional brand of that society, and may be packed and put up in ten and five gallon kegs. § 52. All the provisions of the twenty-sixth and twenty- seventh sections in the preceding Article of this Title, shall be construed to apply to the inspector, and the inspection of beef and pork in the city of New- York, and the certifying of the damage thereof, in the same manner and to the same ex- tent, as if the words " beef and pork" were inserted in those sections in place of the word " flour," wherever it occurs therein. Preceding sec UoDs adopteii. § 53. Every inspector shall have fifteen cents for each oompensation o*- barrel, and ten cents for each half barrel of beef or pork he shall inspect, salt and re-pack ; ten cents for flagging, peg- ging, nailing, saltipg, and pickling ; three cents for each hoop put by him on any cask ; and such fees shall be paid before the beef or pork inspected shall be taken from the store or yard of the inspector. 5 54. No inspector of beef and pork shall be in any wise concerned in purchasing any cattle or hogs, with an inten- tion to pack the same for sale, or in any manner to become a partaker of the profits or loss of any beef or pork, when the Pfohlbitiofl. 360 INSPECTION—OF BEEF AND PORK. same is intended for packing, under the penalty of five hmi- dred dollars for each offence. Ibid. Penalty. § 55. No inspector shall inspect, or brand, any cask of beef or pork out of the city or county for which he shall be ap- pointed, nor shall an inspector in any case lend or hire out his brands to any person whatever, under the penalty of twenty-five dollars for each barrel so inspected or branded. ^''''^ YoTk?^ ^'^" ^ ^^- '^^^ store or yard of every inspector in the city and county of New- York, shall be on the margin of the East or North River, and no such inspector shall inspect and re-pack any beef or pork, at any ^ther place than in his store or yard, under the penalty of fifteen dollars for every barrel or cask so inspected. Penalty. § 57. Every person, other than an inspector duly author- ized, who shall brand any cask of beef or pork in the man- ner directed by this article, shall forfeit the sum of fifteen dollars for each and every cask so branded. Ibid, § 58. No owner or dealer in beef and pork shall suffer the same, after it shall have been inspected to be exposed to the heat of the sun, or inclemency of the weather, longer than twelve hours, under the penalty of five dollars for every such offence. Ibid. § 59. Every person who shall intermix, take out or shift any beef or pork of any barrel or cask inspected or branded as in this Article is required ; or put into any barrel inspected and branded any other beef or pork for sale or exportation ; or alter or change the brand or mark of any inspector, shall for every such cask or barrel so altered, shifted, changed, in- termixed or branded, forfeit the sum of twenty-five dollars. Ibid. § 60. Every person interested in slaughtering cattle orr hogs, or causing the same to be slaughtered, for the purpose^' of having the same barrelled for inspection, contrary to the provisions of this article, shall forfeit the sum of twenty-five dollars for every head of cattle or hogs so slaughtered, or caused to be slaughtered. INSPECTION— OF POT AND PEARL ASHES. 361 ARTICLE THIRD. OP THE INSPECTION OF POT AND PEARL ASHES.* Sbct. 61. Ashes not to be Bhipped, except to certain places, without inspection. 62. Certain inspected ashes may be exported without re-inspection. 63. Casks in whicli ashes are to be put. 64. Duty of inspectors in inspecting. 65. Penalty on inspector for entering on invoice, &c. any cask not weighed. 60. Weigh-note, or copy, with certiticatc of county clerk, presumptive evidence. 67. If cask be defective, inspector to put it in repair, if it can be done for 75 cents. 68. If not, cask to be condemned, and new one furnished by inspector. 69. Casks furnished to be noted on weigh-note. 70. Inspector to enter on books and weigh-note the marks of casks repaired by him. 71. To keep ashes delivered for inspection in a dry place ; penalty for omission. 72. May search vessels, and seize all ashes illegally shipped. 73. To remove those .seized to his store, &c. and to inspect them, &.c. 74. Auctioneer to sell them at auction. * 75. Penalty for receiving onboard a vessel for exportation, ashes not inspected. 76. Penalty upon inspector trading in ashes. 77. Ashes, &c. in New- York, to be sold by weigh-note only ; exception and penalty. 78. Penalty for counterfeiting brand-marks, and for not cutting them out. 79. Penalty for misdating invoice, &c. 80. Inspectors in New-York and Alba.iy may appoint assistants. 81. Fees of inspectors. 82. Inspectors allowed expenses of putting ashes in shipping condition ; storage. § 61. No pot, or pearl ashes shall be shipped for exporta- Ashes when to tion from this state, except to the provinces of Upper and ^'°^^^^^ " Lower Canada, or down the Susquehartnah or Allegany river, unless they shall have been duly inspected and, brand- ^ ed, according to the provisions of this Article ; and all ashes shipped for exportation, contrary to this prohibition, shall be forfdHed to the people of this state. (25) lqj|< * It appears by an act passed December 19, 17GG, V. S. vol. 2, p. 486, the manufacturing of Pot and Pearl Aslies, had then but recently been introduced into the colony. The pream- ble recites, that, whereas the manufacture of pot ash and pearl ash hath been lately intro- duced into this colony, and is likely to become a considerable article of remittance to Great Britain ; and in order to prevent frauds in the manufacturing of those articles, the act directs the makers of pot and pearl a.sh to have his name, and that of the place where it was made, branded on the cask, and imposes a penalty for neglect, imposes a penally for adulterating and offering adulterated pot and pearl ash for sale, and authorizes proceedings and trial where there is a strong siispicion of adulteration, and inflicts forfeitures upon masters of vessels receiving casks on board without the proper marks. This act was the origin of legis- lation upon this subject. It expired January 1, 1770, and was revived by an act passed Ja- nuary 27, 1770, V. S. vol. 2, p. 5.55. This was followed by an act passed March 12, 1772, which epactcd many new provisions ; divided the different qualities of pot and pearl ashes into sorts ; directed the mode of determining disputes about the (Quality ; the casks, and branding them ; tlie oath, duty, and penalty for neglect of the inspector. Since the organization of the present government numerous acta have been passed, altering, and amending laws relating to the inspection of pot and pearl ashes, as may be seen by the list of acts in this volume. Perhap.s no subject has cug'roijsed a larger sha?e of the attcnllon of our kgici laturo than this, if the nuiltitude of acts found in our statute book be any evidence of it. (25) This article was compiled, with some amcudincuts, from the following statutes Laws of 1822, p. IGO ; lf'27, p. 323. 4G 362 INSPECTION— OF pot and pearl ashes. Ibid. § G2. All pot and pearl ashes duly inspected in any city or place of trade, on the Hudson river, above the city of New- York, or on the Erie canal, may be exported from the place of such inspection, or be sold in and exported from the city of New- York, without being subject to re-inspection. Athes how to be put up. § 63. All pot and pearl ashes subject to such inspection, shall be put in casks of good seasoned white oak, or white ash timber, well made, hooped with substantial hoops, for the distance of at least ten inches from each end; the staves not to be more than thirty-one, nor less than thirty inches in length, and the head of a pot ash barrel shall not exceed twenty inches, nor be less than nineteen inches in diameter; and that of a pearl ash barrel shall not exceed twenty-three inches, nor be less than twenty-one inches in diameter. No inspector shall brand casks not agreeing w^ith the descrip- tion given in this section. (26) Duty of inepector § ^4. It shall be duty of the inspector of pot and pearl ashes, 1. To empty the casks containing ashes brought to him for inspection, and to examine and determine the quality of the ashes, and re-pack the same, putting the ashes of each quality into a separate cask : 2. To brand, in plain letters and figures on each cask con- taining ashes of the first quality, the words " First Sort ;" of the second quality, the words " Second Sort ;" and of the third quahty, the words " Third Sort :" to Aher with the words " Pot Aali" or " Pearl Ash," as the salie may be ; also his own name, and that of the place where the ashes are in- spected ; and on the one head, the year when such inspection is made : 3. To weigh each cask; and to mark, with a marking-iron, on the branded head, the weight thereof, including tare, and the weight of the tare, under the same : 4. To collect the crustings or scrapings of the barrels and casks of potash, unfit for inspection, having the same brand, and to weigh and put the same in some suitable cask ; and to deliver to the owner or his agent, a weigh-note signed by him of such scrapings and crustings,. entered on the badv of the copy of the inspection bill, designating therein the quantity taken from each lot separately marked : (26) Act of 14th November, 1828, INSPECTION OF POT AND PEAKL ASHES. 363 5. To brand the word " condemned" on every cask which he shall discover to contain aslies fraudulently adulterated » with stone, sand, lime, or other improper substance : 6. To make and deliver to the owner or his agent, an in- voice or weigh-note, under his hand, of the ashes by him in- spected, containing the weight of each cask and of the tare, and distinguishing the quality thereof, in the manner before directed, and to enter the same, in a book, to be kept by him for that purpose. 7. To make and enter in his book another invoice or weigh-note, in which shall be contained the original private marks and numbers, and the scrapings and crustings in each lot, and the quality, weight and tare of each barrel, and spe- cifying, as particularly as possible, the extent and damage appearing on such inspection, and the apparent cause thereof, whether by exposure or injury in the course of transporta- tion, or in consequence of the original putting up of such ashes ; and to deliver, if required, a true copy of such weigh-note to the owner of the ashes inspected, or his agent. § 65. If any inspector shall enter on any invoice, weigh- iftionofduty.^ note, or bill of inspection, any cask of ashes, before the same shall have been emptied out and the cask weighed, he shall be liable to a fine of five dollars for each cask so entered ; and also shall be guilty of a misdemeanor. § 66. Every weigh-note, or copy of a weigh-note, signed weigh note, or certified by an inspector, on which there shall be endorsed a certificate, under the hand and seal of oflice of the clerk of the county where the inspector resides, showing that at the date of such weigh-note or copy the subscriber was an inspector of pot and .pearl ashes, and that the hand-writing appears to be his, shall be received as presumptive evidence of the facts contained therein, in all courts and places in this state. § 67. If any cask, containing pot or pearl ashes, when de- livered to an inspector for inspection, shall be defective and unfit for shipping, owing to the want of coopering repairs, the inspector shall put the cask in a good shipping condition, if the cost of such repairs shall not exceed the sum of seventy^ five cents. Defection of ta*k,3. 1 364 INSPECTION—OF pot and pearl ashes. tXconl'iSSi; § 6®- If a defective cask cannot, in the opinion of the in- ^^- ^ specter, be sufficiently repaired for the suni of seventy-five cents, he shall condemn the same, and shall furnish a sub- stantial new cask, for which he shall be allowed the actual cost, not exceeding one dollar and twenty-five cents, to be paid to him by the owner of the ashes inspected, or his agent. ibid.enincstobc § 69. Evcry cask so. furnished shall be noted by the in- spector in the weigh-note and copy thereof, in which he shall also specify the original marks and numbers of the cask for which such new cask is substituted. Ibid. § 70. The inspector shall also enter in his book, and on the margin of the weigh-note delivered by him, the original marks and numbers of every cask repaired by him, and the expense of such repairs. Assets u> he kept § 71. Every inspector shall keep all casks of ashes deli- vered to him for inspection, whilst they remain in his posses- sion, in some dry place, safe from the injuries of the weather and under a tight roof; and every inspector violating this provision, shall forfeit to the owner the sum of ten dollars for rciKiity, every cask of ashes injured by his neglect, besides the ac- tual damages sustained by such owner. Powers and du- § 72. Evcrv iusDCctor of pot and pearl ashes shall have ticB or inspectors. ^ t. i i full power, and it shall be his duty, to enter on board of aay ship or vessel within the* limits of the city or county for which he is appointed, which he shall suspect to have on board any ashes shipped for exportation contrary to law, and to search for, and if discovered, to seize and take into his possession, all casks of ashes so illegally shipped. Ibid. § 73. Such inspector shall remove all casks so seized by him to his store or office of inspection, and shall there inspect the same according to the provisions of this Article, and shall deliver a weigh-note of such inspection, signed by him, to an auctioneer of the city or county in which the seizure shall be nfiadc. Ibid. § '^4. Such auctioneer shall proceed to advertise and sell such ashes by public auction, and shall pay the proceeds, dc- INSPECTION— OF POT AND PEARI, ASHES. 365 ducting the customary expenses of sale, to such inspector, who, deducting therefrom his- fees on inspection, and ten per cent, for his services and expenses, shall pay the balance to the treasurer of this state. § 75. Every owner, consignee, and master of a vessel who ^^^JiJ^^^f "eS" shall receive on board of his vessel for exportation, contrary to law, any cask of ashes not inspected and branded accord- ing to the provisions of this article, shall forfeit the sum of fifteen. dollars for every cask so illegally shipped. § 76. Every inspector who, during his continuance in of- ^^"p^cto/^ *^" lice, shall directly or indirectly buy or sell any pot or pearl ashes, shall be guilty of a misdemeanor, punishable, on con- viction, by a fine not exceeding five hundred dollars ; and every inspector so convicted, shall be for ever thereafter in- capable of holding any office of honor or profit within this state. § 77. No pot or pearl ashes, nor any scrapings or crust- Prohibition. ings thereof, shall be bought or sold in the city and county of New- York, except by retail, iu any other manner than by the weigh-note of the inspector, who shall have inspected the same ; and every person who shall violated the provisions rcnaity. of this section, shall forfeit, for each offence, the sum of one hundred dollars. § 78. Every person, who shall counterfeit any brand- foSn^^bS' marks of an inspector of pot and pearl ashes, or who shall ^''• impress on any cask of such ashes any brand-mark that he shall know to be counterfeit, shall forfeit the sum of five hun- dred dollars ; and every .person, who shall empty any cask of such ashes branded by an inspector, without cutting out the brand-marks, in order to put therein any pot or pearl ashes for sale or exportation, shall forfeit, for each offence, the sum of two hundred dollars. § 79. Every inspector, who shall date any invoice, weigh- For misdating in- note, or bill of inspection, diflbrent from the time when the ''°'"'' ^''' article was actually inspected, or shall deliver out of his pos- session, any such invoice, wcigh-note, or bill, without any 366 INSPECTION — of pot and pearl ashes* date, shall, upon conviction, for every such offence, forfeit Ms office, and be liable to a fine of five hundred dollars. Assistants. § 80. The inspectors of pot and pearl ashes, in each of the cities of New- York and Albany, may appoint as many assist- ants as they shall deem necessary, who shall take the oath of office prescribed in the constitution, before executing any duties under such appointment; and for whose acts and omissions their principal shall be responsible. Compensation. § 81. Evcry inspector shall be entitled to receive the fol- lowing fees, on the delivery of the copy of the inspection bill, and the weigh-note of the scrapings : 1. For every hundred pounds of ashes inspected by him, making the proper weigh-notes and entries, emptying and in- specting the ashes, and putting the casks in the same condi- tion as when brought to him for inspection, ten cents, one half to be paid by the buyer, and one half by the seller : 2. For every good hoop furnished by him for a cask de- fective, when broug-ht for inspection, four cents ; and for every good head so furnished, fourteen cents, to be paid by the seller ; but no charge for such repairs on a single cask, shall exceed seventy-five cents : . 3. For procuring the proper certificate of a county clerk, on every weigh-note, or copy of a weigh-note, delivered by him, twenty-five cents : 4. For all ashes condemned by him as adulterated, the same fees as if the ashes had proved good, to be paid by the per- son offering such ashes for inspection. ances. Extra allow- § 82. Evcry inspector shall also be allowed the actual ex- penses for putting in good shipping condition, after inspec- tion, all casks of ashes inspected by him, which expenses shall be paid by the buyer; he may also charge storage, at the usual rates, on every cask inspected by him, that shall remain in his possession more than ten days after it shall have been inspect- ed, and the weigh-note of the inspector shall have been made out. INSPECTION— OF FISH. 367 f ARTICLE FOURTH. OF THE INSPECTION OF FISH.* 83. Certain fish not to be exported, &c. unless inspected, &c. 84. Inspectors to provide stores and yards for storing ; wlien to charge for same. 85. Inspector in Jefferson county may appoint deputies. 86, 87, H8. Barrels for packing fish, how to be made. 89. How much salt to be put in each barrel for exportation ; barrel to be branded, 90. Inspector to brand merchantable fish ; to destroy unsound fish, &c. 91. If part offish sound and part unsound, to separate them and re-pack barrel, &c: 92. Weight of barrels and half-barrels of salmon trout ; weight to be branded on head. 93. Shad how to be packed and branded. 94. Certain inspected fish may be shipped from New- York without rt-exaraination. 95. Fish caught in Jefferson, to be inspected before removed from shore where caught . 96. Quantity of salt for fish put up in that county ; barrel how branded. 97. Penalty for removing or selling fish in that county before inspected. 98. Inspector in that county may seize fish removed contrary to this Article. 99. If such fish be not packed, &;c. within 48 hours after seizure, to be sold. 100. Penalty for intermixing or shifting fish after inspection ; other penalties. 101. Penalty for exporting, &c, fish not inspected. 102. Fees of inspector. 103. Inspectors allowed a reasonable compensation for cooperage, &c. 104. This Article not to apply to fish packed in foreign country, or in another state. § 83. No pickled, or. dry-salted fish, shall be exported from Fish when to be this state to a foreign market, put up in barrels or half-bar- *"^p^^^^ ' rels, unless it shall have been inspected and branded agree- ably to the provisions of this Article. (26) § 84. Every inspector of fish shall provide himself with store and yard. good and sufficient stores and yards, capable of receiving and storing such fish as shall be brought to him for inspec- tion, and in such places, as shall be most convenient for his employers ; but he shall make no charge for the storage of fish inspected by him, if it shall be removed v^ithin three days after notice given of such inspection. § 85. The inspector of fish for the county of Jefferson, jeffe,son county, may appoint one or more deputies, for whose conduct he shall be responsible. * Several acts have been passed by the colonial assembly, and by the legislature, since the organization of the present government, for the preservation of Rsh in our rivers, bays and lakes. The first act relating to the inspection offish was that of March 19 1808, 5 W. p. 382; This act was amended by an act passed J^ovember 8, 1808, 5 W. p. 438. These acts are incorporated in the revision of 1813, vol, 2, p. 330. The subsequent acts passed upon this sul)ject are revised in the above title- (36) This Article was compiled, with somo alterations, from the following statutes :— 2 R. L. 330 ; Laws of 1823, p, 270 ; and Laws of 1825, p. 268. 368 INSPECTION— OF FISH. . ^*mtde°'^ § S6- -Every barrel or hcilf-barrcl, in Jvhicli pickled fish shall be packed for inspection, shall be mate of well seasoned, white, red, black or rock oak, white ash, or white pine timber. Ibid. ^ 87, Except in the county of Jefferson, every such bar- rel or half-barrel shall have twelve good hoops, and be per- fectly tight; the length of a stave. for a barrel shall be twenty-eight inches, and the distance, between the chimes, not less than twenty-six inches, and the diameter of the head, from stave to stave, sixteen and a half inches ; the staves for every half-barrel shall be twenty-four inches long, and the diameter of the head be thirteen. inches. V Ibid. Jeflbison § 88. In the county of Jefferson, every such barrel or half county. barrel shall be perfectly tight, and have ten good hoops ; the length of a stave for a barrel shall be twenty-seven inches, the distance between the chimes not less than twenty-five inches, and the diameter of the head, from stave to stave, not less than sixteen inches ; and the diameter of a half-barrel • shall be in the same proportion. ^ktdbmndea''^ § 89. It shall be the duty of every' person who shall put up or barrel any fish for exportation, except in the county Jefferson, to put one bushel of good salt into each barrel fish so put up, and' to brand the same with the name of i fish contained therein, and with the initials of his own chri ■ tian and surnames, and the name of the place where the ii:>h shall be put up. rroceedinps of § 90. Evcry iuspcctor, to whom fish shall be brought for inspector, inspection, shall open one of the heads of the barrel in whit li it shall be contained, and if the fish be sound and merchanta- ble, and there shall be a sufficient quantity of salt for its pre- servation, he shall brand his name, and the place of his resi- dence, on the head of such barrel ; if the fish be unsound, the inspector shall destroy it. If the barrel be not full, or do not contain a sufficient quantity of salt, the inspector shall fill it with sound and merchantable fish, or add a sufficient quan- tity of salt, as the case shall require. Ibid. § 91. If it shall appear to the inspector, that a part of (lie , fish so examined l)y him is unsound, and a part sound, he shall 1 INSPECTlOr^— OF FI8H. 369 separate the sound from the unsound, and re-pack, fill up» salt, inspect, and brand the barrel, in the manner directed in the preceding section* Weight of I moc. § 92. Every barrel o[ salmon, or salmon-trdutj inspected, shall contain two hundred pounds weight, and every half- barrel one hundred pounds weight ; and on one of the heads of every such barrel or half-barrel, the weight of the fish contained therein shall be marked or branded by the in- spector. § 93. Shad offered for inspection shall be packed in barrels shad. and half-barrels of the size and quality of those in which beef and pork are required, by law, to be packed, and shall be re- packed, inspected and branded in the same manner as salmon* § 94. All fish duly inspected in the counties of Suffolk, ^^'^ »" Suffolk, Queens and Kings, may be shipped and exported from the city of New- York, without being subject to re-examination. § 95. All fish caught in the county of Jefferson, and packed cSy" howT for sale, shall be inspected and branded by the inspector of ^p'^"''^' ^*^ that county, or one of his deputies, before they shall be ship- ped or removed from the shore, on which the seine is hauled, in the bay or other place where they shall be caught ; but if the fish shall be hauled up on an island, where it would be difficult to have them inspected, they may be removed to the nearest place of inspection in the county. § 96. Every barrel of fish put Up in the same county, and ibia. branded as "pickled fish," shall contain three pecks of good salt, and every such barrel, branded as " corned fish," shall contain twelve quarts of good salt ; and the inspector shall \ mark the quality of the fish inspected, by branding the num- ber 1, 2, or 3, on the head of the barrel containing it. § 97. Every person in the same county, who shall remove or assist in removing, from the place where they ought to b© inspected, or sell or offer to sell any fish, not packed and in* ?pected, according to the provisions of this Article, (other han such as are intended to be used as fresh fish, or for fa* nily use ;) and every person who shall receive on board any 47 Ibid i70 INSPECTION-~oF fish. vessel or boat, or in any wagon or other vehicle, any such fish, with intent to aid in preventing its inspection, shall for- feit, for each offence, the sum of twenty-five dollars. Ibid. ^ 98. It shall be the duty of the inspector of fish, in the county of Jefferson, and of his deputies, to seize and take into safe keeping, any salt fish, that shall be shipped, or otherwise removed from the place where they ought to have been in- spected, contrary to the provisions of this Article. Ibid. § 99. If within forty-eight hours after such seizure and de- tention, the owner or person having the charge of such fish, shall not cause the same to be packed, inspected and branded, and shall not pay the reasonable charges of such seizure and detention, the inspector or deputy making the seizure, shall advertise and sell the fish at public auction, within thirty days thereafter, and shall pay the proceeds of such sale, de- ducting ten per cent, for his trouble and expenses, to the county treasurer, for the use of the county ; and for the re- covery of such proceeds, if not duly paid, the treasurer may maintain an action in his name of ofhce. Penalty. § 100. Every person who, with intent to defeat the provi- sions of this Article, shall intermix, take out or shift any fish, in any barrel or cask inspected and branded, or put into any such barrel or cask any other fish, for sale or exportation, or deface or change the mark or brand of any inspector,. shall, for each offence, forfeit the sum of twenty-five dollars. Ibid. § 101. Every person who, contrary to the provisions of this Article, shall export to any foreign port, or offer to sell for such exportation, any fish not duly inspected, shall forfeit a sum equal to the full value of the fish so exported or of- fered for sale. |,- Yees. §102. Every inspector of fish shall be allowed the follow- ing fees, to be paid by the owner or person having charge of the fish offered for inspection : ' : 1. For every barrel of pickled fish, by him inspected and re-packed, thirty-seven and a half cents, and nineteen cents for every half-barrel : INSPECTION— OF FISH OR LIVER OIL. 871 2. For every barrel and half-barrel of pickled fish, by him inspected, and not re-packed, twelve and a half cents : 3. For every barrel and half-barrel of dry-salted fish, by him inspected, twelve and a half cents : 4. For every tierce of salmon, inspected by him, fifty cents ; and for every keg, twelve and a half cents ; and the same fees shall be allowed for fish condemned by the inspec- tor, as for fish inspected, re-packed and branded. § 103. Every inspector shall also be allowed a reasonable ^^^'"sau^JJJf^^" compensation for his expenses and trouble for necessary cooperage^ for filling up w4th sound and merchantable fish, for adding salt, and for destroying unsound fish; and the compensation and fees of the inspector shall, in all cases, be a lien on the fish inspected. , § 104. The provisions of this Article shall not be con- i-imitation. strued to apply to fish put up and packed in foreign countries, and imported into this state ; or put up and packed in any other state agreeably to the laws of such state. ARTICLE FIFTH. OP THE INSPECTION OP FISH OR LIVER OIL. 105. Fish oil, in New-York and certain other places, required to be inspected. 106. Duty of inspectors of fish oil. 107. Persons holding fish oil, to put it in a convenient place for inspe«tion. 108. Penalty for counterfeiting brands ; and other penalties. 109. Powers of inspectors in New-York and Troy. 110. Fees of in-spectors. 111. All oils, except fish or liver oil, exempt from inspection under this Article, § 105. No liver oil, commonly called fish oil, shall be bought, sold or bartered in, or in any manner shipped, ex- ported or conveyed from the cities of New^-York, Albany and Troy, and the villages of Brooklyn, Lansingburgh and Waterford, unless it shall have been inspected, gauged and branded, agreeably to the provisions of this Article. (27) Liver oil to bo inspected. § 106. It shall be the duty of each inspector of fish oil. Duty of inspector 1. To gauge and inspect any quantity of fish oil, whenever required ; and to make search for fish oil within his district, , and to inspect and gauge the same : (17) Thif Article is a revision of the foUoTving statutes : Laws of 1818, p. 54 ; 1819, p. 8. 3t2 INSPECTION-— OF fish or liver oil. 2. To brand on each cast so inspected and gauged, the whole number of gallons it shall gauge, the quantity of wa- ter, the quantity of sediment, and the quantity of pure oil therein ; together with his own name, and the name of the place for which he was appointed : 3. To make, subscribe, and deliver to the owner or holder of the oil, a certificate exhibiting, in separate columns, the quantity of each of the before mentioned ingredients, con- tained in the whole parcel of oil inspected. '^offering^jT" ^ l^"^- ^^ s^^^^ ^^ ^^^ ^^*y ^^ ^^^ persons holding fish oil, to put the same in a convenient position for gauging or in- specting, whenever required by the proper inspector. reXlki^^^bmiTd"' ^ ^^®* -^"^'^ry person who shall counterfeit or alter the brands made by an inpector ; or who shall mix, or in any manner adulterate any cask of oil, after it shall have been branded ; or who shall buy, sell, or barter any oil subject to inspection, which has not been inspected in any place in which an inspector is authorized to act ; or who shall con- -• vey, or cause to be conveyed from such place, any such oil which has not been inspected ; or who, upon emptying any cask of fish oil, shall not immediately efface the inspector's brands ; shall forfeit the sum of twenty-five dollars for each offence. Power! of in- § 109. The powcrs of the inspectors offish oil for the city of New-York, shall extend to and include the village of Brooklyn ; and those of the inspector for the city of Troy, shall extend to and include the villages of Lansingburgh and Waterford. FeM of inspector. § 110. Every inspector for gauging, inspecting, branding, and certifying the contents of each cask of oil inspected by him, shall be entitled to receive twenty cents from the owner or holder of such oil, who may charge one half of the fees paid by him to any subsequent purchaser. ®*"im T" ^^' § 1 1 !• All other oils than liver oil, commonly called fish oil, shall be exempt from inspection under the provisions of this Article. INSPECTION— OF LUMBER. 3T3 ARTICLE SIXTH. OF THE INSPECTION OF LUMBER. 112. Lumber not to be exported by sea, until inspected. 113. How lumber to be measured ; v.hat deduction to be made ; bills to be rendered. 114. Inspectors to mark number of feet on lumber. 115. Contents of mahogany how stated in bill of return. 116. Penalty for shipping lumber without inspection. 117. Penalty for shipping cypress shingles without inspection and not of a certain site. 118. Penalty for inspecting lumber without authority ; powers of certain inspectors. 119. Inspectors not to employ deputies ; not to trade in lumber. 120. Fees of inspectors. 121. When inspector to be paid according to agreement with his employer. 122. All shingles offered for sale in this state, may be inspected. 123. Bundles of shingles so inspected, how to be branded, &c. 124. Duty of the owner of shingles so presented for inspection. 125. What shingles to pass inspection ; not to bs subjected to re-inspection. 126. Penalty on inspectors, deputies, &c. for fraud or neglect, &c. 127. Fees for inspecting and branding such slingles. §112. No timber, plank, boards, scantling, or cypress Timber, piank, ^ 1, &c. to be insp«ct- shingles, shall be exported by sea from this state, to any port ed. out of the territorial limits of the United States, that shall not have been duly inspected by an inspector of lumber, ac- cording to the provisions of this Article. (28) § 113. The inspectors of lumber shall measure the entire Howmeaiur«d. contents, without any deduction, of raft timber and spars ; except in cases where by express agreement, they are requir- ed both to measure and inspect; in which cases there shall be no other deduction made, than what, in their judgment, is the exact quantity of unsound timber contained therein. They shall render to their employers, bills of the lumber in- spected, stating the number of feet contained therein, and whether the same has been measured only, or both measured and inspected ; and if inspected, they may make and state four qualities, if in their opinion it becomes necessary. § 114. The inspectors shall mark with a marking iron, on all timber by them inspected, except mahogany, red cedar and live oak, the number of feet contained therein, either in \ cubic or superficial measure ; the number of feet in maho- ganyi red cedar and live oak timber, shall be expressed in their bills, severally annexed to the number of each log ; and lall raft timber shall be numbered, and the bills made in like jmanner. (28) This Article, except the last six sections, is a revision of the following statuto :-- 1 R. L. 537 ; L»ws of 1819, p. 47; Laws of 1822, p. 241. How marked. 374 INSPECTION— OF lumber. ■^uw/umben § 115. The inspectors, when employed to measure or in- spect mahogany logs or square timber, shall set forth in the bilj or return of such measurement, together with the num- ber and contents in feet, the length, width and thickness of each log or square piece so measured. pinTunins^^^^^^ §116. Evcry person who shall ship on board of any ^^^^'' vessel, for exportation to any foreign port, contrary to the provisions of this Article, any lumber that has not been in- spected by an inspector, shall forfeit for every thousand feet superficial measure so shipped, the sum of two dollars and fifty cents. Ibid. «ypres3 ^ 117. Evcry person who shall ship on board of any ves- sel, for exportation to a foreign market out of this state, any cypress shingles which have not been inspected by an in- spector, and which shall not be at least twenty- two inches in length, three inches and one half inch in breadth, and three- eighths of an inch thick, shall forfeit the sum of two dollars for every thousand shingles 50 shipped. in^^'withomTu' § ^^^' Every person not appointed and authorized as an tbority. iuspcctor, who shall measure or inspect any lumber or cy- press shingles, in any place for which an inspector is ap- pointed, shall forfeit to the inspectors of lumber, in such place, the sum of ten dollars, for every such offence. But the inspectors residing in Troy, may inspect at Gibbonsville or West Troy, in the county of Albany ; and the inspectors of Albany may inspect at Bath and Greenbush, in the county of Rensselaer. Prohibiuon. § 1 19. No iuspcctor of lumber shall employ any deputy to inspect in his name ; and every inspector who shall, directly or indirectly, buy or sell any lumber or cypress shingles, ex- cept for his own use, shall be deemed guilty of a misde- meanor, and, on conviction, shall forfeit his office. F«M of inspector; § 120. Evcry inspector of lumber shall be entitled to re- ceive the following fees, to be paid, one half by the buyer, and one half by the seller: 1. Por every ton of forty cubic feet of raft timber, mea- sured and inspected, eight cents ; and if measured only, five cents : INSPECTION— OF LUMBER. ^^^ 2. For every thousand feet, superficial measure, of boards and plank, thirty-seven and a half cents, if inspected ; but if measured only, twenty-five cents : 3. For every thousand feet, inch measure, of beams and scantling, tv^renty-five cents : 4. For every thousand feet, superficial measure, of maho- gany, one dollar : 5. For every thousand cypress shingles inspected, eigh- teen cents. J 121. In all cases where, from the character of the'J umber, Fees, the fees of the inspector cannot be calculated under the pre- ceding section, he may receive such compensation as his em- ployer shall consent to pay, provided he make known to such employer the fees actually allowed in this Article. § 122. All shingles oflfered for sale in this state, may be in- ®^\'^fg^3j|°g'^ '" spect«d by the inspectors of lumber. (29) § 123. Each bundle of shingles so inspected shall be ^"jSd.^^ branded across the butts or sides, as follows: No. 1, No. 2, . No. 3, No. 4, or with the letter R, or the letter O, together with the name of the inspector, and the name of the place where inspected : No. 1 shall be at least eighteen inches long, four inches \vide, half an inch thick at the butt, straight rifted, and full breasted : No. 2 shall be at least eighteen inches long, seven-six- teenths of an inch thick at the butt, four inches wide, straight rifted, and full breasted : No, 3 shall be at least seventeen inches long, average four inches wide, and none shall be less than three inches wide, three-eighths of an inch thick at the butt, straight rifted, and shall hold their width three-fourths of the way to the thin end, and be well shaved : No. 4 shall be at least fifteen inches long, average four inches wide, and none shall be less than three inches wide, three-eighths of an inch thick at the butt, straight rifted, and shall hold their width three-fourths of the way to the thin end, and be well shaved : All shall be made of good stuff and free from imperfec- (29) Act of the 10th of April, 1828, p. 332, chapter 281. 376 INSPECTION— OF lumber. tions, shall be cut square across the butts, and shall be pack- ed in good and sufficient bands of hard wood, and well se- cured by wedges : Refuse shingles shall be branded R, and shall consist of all such as will not pass inspection for either of the other classes, unless they shall be so bad as not to be worth half the price of No. 1, in the estimation of the inspector, in which case they shall be branded 0.(30) ^lYu^n^eT' § 124. It shall be the duty of the owner of shingles pre- sented for inspection, or his agent, to place such shingles as are required to be inspected, in such a situation as that the bundles may be conveniently examined by the inspector or his assistants. (30) Howtobepacked J 125. No quality of shinglcs shall pass inspection unless so packed as to contain, by admeasurement, either one-quar- \ ter thousand, one-half thousand, or three quarters of a thou- sand in each square bundle. Shingles inspected under the preceding provisions shall not be subjected to re-inspection in this state. (30) Penalty. § 126. If any inspector, his deputy, or assistants, shall be guilty of any fraud or neglect in the inspection of shingles, contrary to the true intent and meaning of the preceding provisions, or shall brand or mark any shingles which he' has not inspected, he shall forfeit and pay for each bundle sa falsely branded or marked, one dollar, to be sued for and re- covered by the person or persons injured therebyv(30) Feci. § 127. The inspector shall be allowed for his fees for in- >specting and branding at the rate of twelve cents per thou- sand for all shingles he shall so inspect, one half to be paid by the buyer, the other half by the seller, but in no case shall the inspector be the purchaser. (30) Act of the 19th of April, 1828, p. 332, chap. 261. INSPECTION— OF STAVES AND lIIiAWNG. ' 377 ARTICLE SEVENTH. OF THE INSPECTION AND CULLING OF STAVES AND HEADING. 123. No staves or hoadiiig to be exported without inspection. rJl). What staves to b« culled as merchantable. 130. Iiispcclor-goneral to superintend cullers in his county ; he nyiy remove them. 131. Cullers in New York and Albany to make monthly return to inspector-general. 13L'. Disputes respecting culling of staves, &c. how to be dctcrmiatd. 133. Fees of insp.icior-general ; by whom paid. 1;M. Fees of cullers in New-York and Albany. 135. Fees of culler.s in other cities and countiis. 136j Inspector general of New-York to have power to search vessels, &c. 137, 13b. Cullers in other counties to apply to a justice lor a waj:raiit to search votssels. 139. Culler.s m.vy seize staves and heading shipped contrary to law, and detain them. 1 10. Penalty for shipping staves or heading contrary to'this Article. 1 U. Inspectors-general and cullers in New- York and Albany, not to trade in stave.", &-c. I1'2. Inspectors-general to furnicsh cullers a copy of this Article, and of future laws. 113. Inspectors-general to make annual report to governor. % ' ■ § 128. No staves or headinn^ shall be exported by sea from staves and i)«ad- ■^ . '-' 1 .^ ing tobe mspect- this State, to any port out of the territorial limits of the ^'^■ United States, unless they shall be inspected and culled, in the manner herein after provided, and on such inspection shall be declared merchantable. (31) § 129. All staves and heading, intended for such exporta- Manner of in- tion, shall be inspected, by an inspector-general or culler of ^"^^^ '°"' staves and heading, at the port whence they are to be ship- ])ed, and none shall be culled as merchantable, on such in- spection, unless they shall be of the following description : 1. All butt staves shall be made of good white oak tim- uuttstavca. ber, and shall be of the following dimensions : the long butts shall be five feet six inches long, the short butts four feet six inches long, and both at least five inches broad when dressed, clear of • sap, tw^o inches thick on the thinnest ..edge, and not more than two and a half inches thick in any place, and shall be regularly split with the grain of the wood, and free from twist, and be otherwise good and ' sufficient*: 2. All pipe staves shall be made of good white oak timber, and shall be four feet six inches long, and shall work three inches broad when dressed, clear of sap, and shall be three (luarters of an inch thick on the thin ed^^e, regularly split ripe slaves. • 31) This article is a revision of the following statutes. — C R. li. 336';'' LavVg of 1821, p 3: 1823, p. 43; 1827, p. 246. ; 48 378 INSPECTION OF STAVES AND HEADING. Barrel staves. with the grain of the wood, asd shall not have more than six worm holes, and be otherwise good and sufficient: Hogshead staves. 3. All wliite oak hogshead staves shall be made of good timber, and shall be three feet six inches long, and shall work three inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, regularly split with the grain of the wood, and shall not have more than four worm-holes, and shall be otherwise good and suffi- cient : 4. All barrel staves shall be made of good white oak tim- ber, and shall be two feet eight inches long, and shall work three and a half inches broad when dressed, clear of sap, and shall be three quarters of an inch thick on the thin edge, re- gularly split with the grain of the wood, and shall not have more than four worm-holes, and shall be otherwise good and sufficient : 5. All hogshead heading shall be made of good white oak timber, and shall be two feet eight inches long, and shall not be less than five inckes broad, clear of sap, two-thirds of which shall be fit for middle pieces, and shall not be less than three-fourths of an inch thick on the thin edge, regularly 'split with the grain of the wood, and be otherwise good and sufficient : 6. All red oak, or rock oak hogshead staves, shall be three feet six inches long, three and a half inches broad, including sap, or three inches broad clear of sap, and shall be three quarters of an inch thick on the tliin edge. Hogfliead head- ing. Hogshead staves. Dutyofinspec- ^ 130. Evcry inspcctor-gcneral of staves and heading, shall superintend the cullers of staves and heading witliin the city and county for which he is appointed, and shall give them such instructions and directions as he may deem neces- sary to carry into execution the laws prescribing their duties ; he may remove from office any such culler, who, in his opinion, shall violate or neglect, or be incompetent to per- form his duties, and shall give immediate notice to the go- vernor of every vacancy that shall occur in the office of any culler, under his superintendence. Duty of cullers. § 131. The cullcrs in the cities and counties of New- York and Albany, shall obey such instructions as from time to time the^ shall receive from the inspector-general, for the city INSPECTION— OF STAVES and heading. 379 and county for whixih they shall respectively be appointed, and each of then*, as often as once in every month, shall make a return to such inspector-general, of the staves and heading culled by him, specify the different times, and the names of the persons for w^hom they were culled. § 132. The inspector-general shall have the sole power ^^Xcfded!*°^ of determining all disputes that shall arise respecting the culling of staves and heading in the cities and counties for which they are appointed ; but in counties where there is no inspector-general, every dispute between the buyer and seller of staves and heading, respecting the culling thereof by the culler employed for that purpose, shall be submitted to two persons, one to be chosen by the buyer, and the other by the seller, who shall be associated with such culler, and their determination, or that of any two of them, shall be conclusive. § 133. Each inspector-general shall be entitled to receive, inspector's fees. on every thousand merchantable staves and heading, which sMIll be culled in the city and county for which he is appoint- ed, top cents, one-half to be paid by the buyer, and the other half by the seller; and for all such staves cyj heading as are culled out, and not merchantable, he shall b& entitled to re- ceive from the proprietor thereof, the same compensation. § 134. The cullers in the city and county of New- York, cuiier's fees. and the city and county of Albany, shall be entitled to re- ceive, as a compensation for culling every thousand pipe staves, sixty cents ; for every thousand hogshead staves and heading, fifty cents ; for every thousand barrel staves, forty cents ; for every thousand long butt staves, one dollar and twenty cents ; for every thousand short butt staves, one dol- lar, and no more ; one half to be paid by the buyer, and the other half by the seller ; and for all such staves or heading as are culled out and not merchantable, they shall be entitled to receive from the proprietor thereof the same compensa- tion, in all cases ; ten hundred staves or heading to a thou- sand, and no more. § 135. The cullers in the other cities and counties of this ibid, state, shall be entitled to receive the following compensation, computing twelve hundred staves or iieading to a thousand : 380 INSPECTION^-^oi" staveis anu iii:adin«. For bulling every thousand pipe slaves,. fifty cents; iuroveVy thousand hogshead staves and heading, thirty-seven and an half cents ; for every thousand barrel staves, twenty-five cents ; for every- thousand long butt staves, one dollar and tvi^enty-five cents ; for every thousand short butt ' staves, one dollar ; one half of which compensation shall be paid by the buyer, the other half by the seller. For staves and heading that shall be culled out as not merchantable, the owner shall pay to the culler the price of culling merchant- able staves and heading. Powers and du- ties of inspettor- peneral iii New York. § 136. The inspector-general for the city and county of New- York shall have full power, and it shall be his duty to enter on board of every ship or vessel within the iimits of such city and county, which he shall suspect to have on board, shipped for exportation, any staves or "heading not culled according to law, or condemned on culling as not merchant- able, and to seize and cause to be re-landed, all such, staves and heading that he shall discover on such search, and all such as ho shall %d to be sawed in two or more parts, "ffle staves and heading .so seized shall be forfeited, and b#sold by the inspecto0general ; and the proceeds thereof, deduct- ing necessary expenses, shall be paid by him to the cham- berlain of the city of New- York, for the use of the poor of that city. lb. of cullers. § 137. It shall be the duty of every culler, in every county, except in the city and county of Now- York, who shall sus- pect that any staves or heading not culled, or condemned on culling, have been shipped for exportation to a foreign market, on board of any vessel within the limits of the county for which he was appointed, to apply to some justice of the peace in the same county, and to make oath before him of such suspicion, and the causes thereof. Proceedings. § 138. The justicc SO applied to, if he shall deem the si^s- picion well founded, shall issue his warrant to such culler authorizing him to enter on board of any. vessel within the limits of the county, and search for and make discovery of any such staves or heading, shipp^'d r<>roxpr.rtntion '■contrary to law. # INSPECTION STAVES AND HEADING. 381 § 139. If such culler shall discover on board of any such vessel any staves or heading shipped for exportation con-^ trary to law, he shall seize the same, and cause them to be re-landed, and shall detain them in his possession, until the owner thereof shall have paid the expense of such search and re-landing. Ibid, § 140. Every person who shall ship for exportation, con- trary to the provisions of this Article, any staves or head- ing, shall forfeit five dollars for every thousand of such staves and heading, so illegally shipped; and every master of a vessel shall forfeit two dollj^rs and fifty cents for every thousand staves and headinc:, that he shall take on board his vessel, to be exported contrary to law. Penalty on ship- per. § 141. No inspector-general, or culler of staves and head- on inspectors , .. , . , . , and cullers. mg, m the city and county oi. New- York, or m the city and county of Albany, shall buy or sell, either on his own ac- count, or as agent or dealer for any other person, any staves or heading whatever, under the penalty of fifty dollars for each offence ; but this section shall not be construed to prevent an inspector-general, or culler, who shall be a cooper, and actually carrying on business as such, from buying staves and heading for the use of his trade. § 142. It shall be the duty of each inspector-general, to Duty of inspector furnish to every "culler under his superintendence, a copy of ^^"*^'^^- this ArticJe, and of every future law that shall be passed, regulating the culling of staves and heading, within the city and county for which he is appointed. § 143. Every inspector-general shall make an annual re- port to the governor, to be by him laid before the legislature, and in such.ieport shall state what number of the respective kinds of staves and heading have been cdtcd during the year for which the report is made, in the city and county for which he is appointed, and shall^set forth whether any, and if any, what amendments ought to be made to the laws regu- lating the culling of staves and heading, within ^urh city and county. Ibid. Annual report. 382 INSPECTION— or flax-seed. ARTICLE EIGHTH. Sect. 144. No flax-seed to be shipped from New- York without inspection. 145. Flax-seed for exportatioji to be put in casks ; dimensions thereof. 146. Casks to be marked or branded. 147. Duty of inspectors. ' 148. Penalty for acting as inspector without authority. 149. Penalty for lading vessels with uninspected flax-seed, to export from New- York. 150. Inspectors may employ deputies. 151. No inspector or deputy to trade in flax-seed. 152. Fees of in.spector. 153. To receive fees for measurement in certain cases. Flax-seed to be § 144. No flax-seed shall be shipped for exportation, to any inspected. j i i ' ./ foreign market, from the city and county of New- York, un- less it shall have been inspected, approved and branded, ac- cording to the provisions of this Article. (32) How put up. § 145. All flax-seed intended for such exportation, shall be put in good strong casks ; such casks as shall be of two sizes, one size to contain not less than seven, and the other not less than three and a half bushels. cask^ how § 146. Every such cask, when the flax-seed contained marked. therein shall have been cleaned, shall be marked, or branded, with the initials of the christian name, and with the surname, at full length, of the person by whom the flax-seed was cleaned, and the name of the city or county where it was cleaned. Duty of inspector § 147. It shall be the duty of the inspector of flax-seed, 1. To examine such casks of flax-seed intended for cx- * It would seem, by a reference to the statute book of the colony of New- York, that flax was a much more important article than flax seed. An act was passed JMarch 24, 1772, V. S. vol. 2, p. 681 : the preamble to the act recites, that whereas the cleaning of flax in this colony, to prepare it for spinning and rope making, has become an object of some importance ; and as abuses are committed in the sale of flax, altogether unfit for the said purposes, to the great dama|e of the purchasers ; for the prevention, therefore, of the said evil for the future, the act declares that no flax shall be sold, unless inspected and marked. The act details the inspector's oath and duty, and hnposcs penalties for a violation of it. This act expired at the commencement of the revokitiontiry war, and was not revived. The first notice of flax seed appears to be by an act passed March 1, 1788, 2 #. & V. p. 290. The act recites, whereas flax-seed and lumber have become articles of great exportation from this state, and it is necessary that their credit at foreign markets be established ; the act then directs that no flax-seed shall be exported, but in casks of certain dimensions, and direct^he manner of.marking or branding them, and imposes penalties for exporting flax-seed contrary to the act. This act is revised in 1 K. & R. p. 230, and also in the revision of 1813, vol. I, p. 151. (32) This Article is a revision of the ac^ of 1822 ; Laws of 1822, p. 148. INSPECTION FLAX-SEED. 383 portation ; and in such examination, to open at least one cask of every twenty he shall inspect, and as many more as he may think necessary : 2. To ascertain, by measurement, whether such casks con- tain the proper quantity of bushels and half bushels, and to bore every cask to ascertain the quality of the flax-seed therein : 3. To brand on every cask made, marked and branded ac- cording to the provisions bf this Article, and containing the proper quantity of flax seed, and on no others, the initials of his christian name, and his surname, at full length, together with the name of the city where inspected, on the quarter, and in a legible manner : 4. To brand on each cask of flax-seed of the first quality, the word " First ;" on each cask of the second quality, the word "Second;" and on each cask of the third quality, the word " Third." § 148. Every person, not authorized by law, who shall exercise the duties of the inspector of flax-seed, shall forfeit to such inspector the sum of one hundred dollars, for each of- fence. Penalty. § 149. Every person who shall lade, or attempt to lade, any vessel with flax-seed not inspected according to law, for the purpose of exporting the same from the city of New- York, to any foreign place, shall forfeit for every cask, the sum of ten dollars. ^ Ibid. ^ § 150. The inspector of flax-seed may employ one or more 'deputies to inspect in his name, and for whoso acts he shall be responsible. Deputies. § 151. No inspector, or deputy-inspector, of flax-seed, dur- ing the time that he shall continue in office, shall be directly or indirectly engaged or interested in buying, selling, or cleansing flax-seed, either on his own account, or the account of other persons ; and eveiy inspector or deputy who shall violate this prohibition, shall forfeit, for each oflencc, the sum of five hundred dollars. Proliibition. § 152. The inspector of, flax-seed, shall be entitled to re- fccs of inspector. ceivc for inspection, the following fees : • 384 INSPECTION— OF sole leather. 1. For every cask of flax-seed of seven bushels, five cents : 2. For every cask of three and an half bushels, three cents : Such fees shall be paid by the person offering the flax-seed for inspection, who may charge one half of the amount to the buyer, in addition to the. price of the seed. Ibid. § 153. If the inspector shall find, by measurement, that any cask inspected by him does not contain the proper quantity of flax-seed, according to its size,#ie shall be entitled to re- ceive from the person olTering the flax-seed for inspection, fifty cents for such measurement, in addition to his regular fees for inspection. ARTICLE NINTH. OF THE INSPECTION OP SOLE LEATHER.* Sect. 154. Inspector to inspect all sitlcB of sole leather offered. 155. lie may inspect leather in any adjoiuiu},' town, PUBLIC PRISONS. 1. Jail for persons confined on civil process may be erected. 2. City prison or bridewell may be built or other buildings appropriated, , [Forty 'Seventh Session. — Vol. 6, c. p. 254.] CHAP. CCXIII. AN ACT relative to the Jail of the City of New -York for the Confinement of Persons on Civil Process, and to the City Prison, Passed April 10, 1824. coSnedT'cTv"! 1' § ^' ^^ ^^ enactedhy the People of the State of New-York, erected. "'^^ ^^ represented in Senate and Assembly, That the mayor, alder- men, and commonalty of the city of New- York, in common council convened, shall have full power and authority to cause to be erected and built, or to appropriate any building or buildings already built, at one or more place or places within the said city and county of New- York, as the jail of the said city, for the confinement of persons on civil process ; and that such building or buildings shall, whenever, and as soon as the said mayor, aldermen and commonalty of the city of New- York, in common council convened, shall deem such building or buildings sufficient for the safe keeping of prisoners, and shall designate the same as such jail, be and become the jail of the said city, for the confinement of such persons as aforesaid, and shall, to all intents and purposes, be in the place and stead of the present jail for the confine- ment of such persons as aforesaid ; and that all laws or parts of laws, relative to the jail of the said city of New- York, or to the keeper thereof, and his title and appointment, shall apply to each and every building that may be designated for the purpose of a jail, under this section. City prison or 2. § II. And he it further enacted, That the said mayor, bridewell may be *' „ , . ^^ . . built, &c. or other aldermen, and commonalty of the city of New- York, m com- buildings appro- -^ -' i , i -i. priated. mou couucil conveucd, may cause to be erected and built, or appropriate one or more building or buildings already built, at one or more place or places, within the said city and county of New- York, as the city prison or bridewell of the said city ; and that such building or buildings shall, whenever I JAILS AND PUBLIC PRISONS. 401 soon as the said mayor, aldermen and commonalty, in com- mon council convened, shall deem such building or buildings sufficient for the safe keeping of prisoners, and shall desig- nate the said building or buildings as the city prison of the said city, separately or collectively be and become the city prison of the said city, for the confinement and safe keeping of all such persons as may now by law be committed thereto ; and shall to all intents and purposes, be in the stead and place of the present city prison ; and that all laws and parts of laws relative to the city prison or bridewell of the said cit}^, or to the keeper thereof, and his title and appointment shall apply to each and every building, separately and collectively, as aforesaid that may be designated for the purpose of a city prison, under this section. 3. § III. And be it farther enacted, That any other build- , ing or buildings may be appropriated or erected for the jail, for the confinement of persons on civil process, and any other building or buildings may be appropriated or erected for the city prison of the city of New- York, w^henever the ,mayor, aldermen and commonalty of the city of New- York, in common council convened, shall deem it proper and ne- cessary. JAILiS"Lii>erties of. AN ACT relative to the Liberties of the Jail in the city and county of New-York. Pas ed March 13, 1330. Chap. 77, p. 81. § 1. From and after the passing of this act, all that part of [Rev. st. voi.2, the city and county of New- York lying south of the northerly ^' **^'^ line of Fourteenth-street, shall be the jail liberties of the said city and county. 51 402 JUGGLERS. JUGGLER!^. [Revised Statutes f Vol I, p. 660.] Art. 1.— Of Jugglers and the exbibiticm of shows. OF JUGGLERS, AND THE EXHIBITION OF SHOWS, &C. Skct. 1. Puppet-Bhows, &.c. not to be performed or allowed ; penalty. 2. Same penalty for exhibiting paintings, animals, &c. without license. foiSIh!^^ ^°il ^*t- ^ ^' ^^ person shall exhibit or perform for gain or profit, imviligthemTobo ^"^ puppet-show, any wire or rope-dance, or any other idle performed. shows, acts or fcats which common showmen, mountebanks or jugglers usually practice or perform ; and no owner or oc- . cupant of any house, out-house, yard, field, shed or other place, shall furnish or allow the same to be used for the ac- commodation of such exhibition or performance. Whoever shall offend against either of these provisions, shall forfeit twenty-five dollars for each offence, to be recovered by and in the name of the overseers of the poor of the town where the offence shall be committed. (61) lb. for exhibiting § 2. The penalties in the preceding section shall also ap- pamtings, ani- •• ^ ^ i i n i -i • /• mais, &c. with- ply to and bc rccoverod of any person who shall exhibit for outUcsnse. # gain or profit any painting, any animal or other natural or artificial curiosity, or any other thing not prohibited in the foregoing section, in any town, without having first obtained permission in writing for that purpose, signed by two jus- tices of the peace of the town, in which license the nature of such exhibition shall be described, and for the granting of which no fee or reward shall be taken. (61) (61) Laws of 1819, p. 240, Bcctlon 1, 2. J, JURORS^RETURN AND SUMMONING OF. 403 JURORS— Return and summoning: of. \Remsed Statutes y FoZ. 1,/?. 414.] ARTICLE SECOND. OF THE RETURN AND SUMMONING OF JURORS. , Sect. 12. Certain town officers to assemble to make jury lists. 13. Qualifications of persons to be selected as jurors. 14. In certain counties, qualification as to property. J5. Duplicate lists of jurors, when made, where to be filed. 16. Ballots of names returned, to be made by county clerk. •'"■ 17. Term of service of persons returned. 18. New lists to be made every third year by town officers. 19. Proceedings by town officers for that purpose. 20. County clerk to destroy the old, and make new ballots. 21. Wards in New- York, towns ; powers of common council. 23. Preceding provisions applied to proceedings in New- York. 23. Provisions respecting other cities. J 24. When jurors to be drawn to serve at courts ; their number. 25. Notice of drawing, how to be published and served. 26. Duty of sheriff and county judge notified, to attend drawing. 27. If they neglect, other judge and justices to be notified. 28. What officers to be present at drawing of jury. "' 29. Manner of conducting drawing. 30. Jurors when and how to be summoned, return thereof. ; 31. Copy of list of jurors drawn, to be furnished to applicants. 32. Fine to be imposed on defaulting jurors. 33. Cases in which persons shall be discharged from serving. 34. Ballot containing name of person discharged, to be destroyed. 35. Cases in which jurors shall be excused from serving. 36. Ballots how disposed of on adjournment of court. 37. Clerks of certain courts in New- York to deliver lists to county clerk. 38. Duty of county clerk of New- York thereupon. 39. When drawing to be made from second box. 40. Old ballots to be destroyed on new returns of jurors, Silck 41. When additional jurors may be directed by circuit judge. 42. «)rder when to be served on county clerk ; his proceedings. 43. New panels may be ordered by courts in New- York. 44. Jurors how summoned and returned. 45. Former jurors to be discharged, &c. § 12. The supervisor, town clerk and assessors of the se- ^^^ ^r e t^o^mX veral towns of this state, shall assemble on the first Monday JuryiiBtji. of July next after this Chapter shall commence and take ef- fect as a law, at such place in their respective towns as shall be appointed by the supervisor, or in his absence, or in case of a vacancy in his office, by the town clerk, for the purpose of making a list of persons to serve as jurors. (34) » . § 13. The said town officers, when so assembled, shall wbotobeseiect- proceed to select from the names of those assessed on the (34) 1 R. L. p. 329, srction 13. 404 JURORS RETUR^ AND SUMMONING OF. last assessment rolls of the town, suitable persons to serve as jurors ; and in making' such selection, they shall take the names only of such as are, 1. Male inhabitants of the town, not exempt from serving on juries : 2. Of the age of twenty-one years or upwards, and under sixty years old : 3. Who are at the time assessed for personal property be- lonofinfT to them in their own rif^ht, to the amount of two hundred and fifty dollars, or who shall have a freehold es- tate in real property in the county, belonging to them in their own right, or in the right of their wives, to the value of one hundred and fifty dollars : 4! In the possession of their natural faculties, and not in- firm or decrepit : 5. Free from all legal exceptions, of fair character, of ap- proved integrity, of sound judgment, and well informed. fifauS^if^^c'^er- § 14. Evcry pcrson residing in either of the counties of tain counties. Niagara, Erie, Chautauque, Cataraugus, Allegany, Genesee, Orleans, Monroe, Livingston, Jefferson, Lewis, St. Lawrence and Franklin, who does not possess either of the qualifica- tions specified in the third subdivision of the last section, but is qualified in all other respects, and who shall have been as- sessed on the last assessment roll of the town for land in his possession which he holds under contract for the purschase thereof, upon which improvements shall have been made to the value of one hundred and fifty dollars, and who shall own such improvements, shall be deemed qualified to serve as a juror ; and the town oflicers authorized to select and return jurors, may take the names of such persons. (35) Lists of jurors § 15. Duplicate lists of the persons so selected, with their where to be filed, / ^ r- • i i n i i • 'Ve. additions and places of residence, shall be made out and sign- ed by the town officers so assembled, or the major part of them; and within ten days after the first Monday in July be- fore mentioned, one of the said lists shall be transmitted to the county clerk, and the other of the said lists shall be filed with the town clerk.* (35) Laws of ISl."?, p. 258 ; Tb. 1810, p. IGO ; IRO'').. p. Tt! ; 18-27. p. 28-2. J i JURORS RETURN AND SUMMONING OF. 405 § 16. On the first xMonday of August after the said lists ^^Jf^^ ^^^^^^^ shall have been so returned, the clerk of the county shall *'''''''• write the names contained in said Hsts, with their additions and places of residence, on separate pieces of paper, and de- posit the same in a box to be provided and kept for that pur- pose. § 17. The persons whose names shall be so returned, shall Termofaerrice. serve as jurors for three years, and until other lists from their respective towns shall be returned and fded. § 18. On the first Monday in July in each third year after ^'Thi'^year"^ the first selection and return of jurors as herein before di- rected, the supervisor, town clerk and assessors, shall assem- ble at the place appointed by the supervisor, or in case of his absence, or a vacancy in fiis office, by the town clerk,' and shall make out new duplicate lists of persons to serve as ju- rors for the then ensuing three years ; and shall file such list with the town clerk, and return a duplicate fo the county clerk, as herein before directed. § 19. In making such selection, the said town officers shall ProceecUngB. proceed as herein before directed in respect to the first se- lection of jurors. § 20. Upon receiving such new hsts, the county clerk shall, i^uty jjf^county on the first Monday of August thereafter, destroy the ballots deposited in the box kept by him, and shall write the names of the jurors so returned, on separate pieces of paper, and deposit them in a box, in the same manner in all respects, as herein before prescribed on the return of the first list'of jurors. § 21. In the city and countv of New- York each ward shall T.istsfmm wards 1 J r I *' r in New- York. be deemed a town, for the purpose of returning jurors ; and the common council of the said city shall provide, by ordi- nance, the manner in which, and how often, such selection shall be made, and the officers and persons by whom it shall • be conducted. (36) § 22. The provisions herein contained respecting tiie per- Prorerding!. to -^ons to be selected as jurors, the j-cturn of the lists to the '*^^''*" *^''"'' (:?fi) T-ywK ofl^e"). p. mi. 406 JURORS RETURN AND SUMMONING OF. county clerk, the deposit of the names of the persons re- turned, and the destruction of the former names, upon the coming in of a new return, shall apply to the city and county of New- York, and to the officers who shall be appointed by the common council thereof, to make such returns. ^'^citie^^^^"^ § 23. The several wards of the cities of Albany, Troy, Hudson, and Schenectady, shall be considered towns, for the purposes of the provisions of this Title, in respect to the re- turn of jurors ; and the supervisors and assessors of such wards respectively, shall execute the duties herein enjoined upon the supervisors, assessors and town clerks of the several towns in this state ; except that a duplicate of the returns of jurors made by them, shall be filed in the office of the clerk of the city in which such ward may be situated. (37) whCTi jnrorgto § 24. Fourtccn davs before tlie hoi dine: of any circuit court be drawn. * , . . -^ n J or sittmgs, or of any special court of oyer and terminer, when no circuit is appointed to be held at the same time, or of any court of common pleas or mayor's court, and in the city and county of New- York, before the holding of the superior court of law, or the court of general sessions, the clerk of the county in which such court is to be held, shall draw the names of thirty-six persons, to serve as jurors at such court, and any number in addition thereto, that shall have been ordered according to law. (38) Notkeofdraw- ^ 25. At Icast six days' notice of such drawing shall be given by sucii clerk, by publishing the same in a newspaper of the county, if there be any, and if not, by affixing such notice on the outer door of the house where the court for which such jury is to be drawn, is about to be held. A copy of such notice shall also be served on the sheriff of the county, and upon the first or some other judge of the county courts, at least three days previous to the time appointed therein for drawing. and cmimyS § ^6. At the time so appointed, it shall be the duty of the sheriff of the county, in person, or by his under-sheriff, and of the first or other county judge on whom such notice shall (37) 1 R. L. p. 3-29, $ 13. (38) lb. p. 328, ^ 11. JURORS RETURN AND SUMMONING OF. 407 have been served, to attend at the clerk's ofRce of the county, to witness the drawing of such jury. § 27. If the sheriff or county judge so notified do not ap- ^.i^^'Jo^SeioUfied! pear, the clerk shall adjourn the drawing of such jury to the next day, and shall, by written notice, require the delinquent sheriff or judge, or some other county judge, or any two jus- tices of the pe'acG, to attend such drawing on the adjourned day. § 28. If at the adjourned day, the sheriff or under-sheriff, ^It^uh^^hi^.' and a county judge or justice of the peace, appear, or if any two county judges or justices of the peace, appear, but not otherwise, the clerk shall proceed, in the presence of the officers so appearing, to draw the jury. § 29. The clerk shall conduct such drawing as follows: Modeofdrawirj 1. He shall shake the box containing the names of jurors Box to be shaken, returned to him, so as to mix the slips of paper on which such names were written, as much as possible : 2. He shall then publicly draw out of the said box, as ^lohlT^v!!!'^ many of the said slips of paper containing such names, as there shall be jurors required by law or specially ordered for such court : 3. A minute of the drawing shall be kept by one of the ,^-^'^^ . "^"^^ <-' I J drawn to be eu- attending officers, in which shall be entered the name con- ^^'^^'^• tained on every sHp of paper so drawn, before any other such slip shall be drawn : 4. If, after drawing the whole number required, the name SdT&c.''Yo''be of any person shall appear to have been drawn w^ho is dead, '^^^^^'^"y*^*'' *^'^- or become insane, or who is permanently removed from the county, to the knowledge of the clerk or any other attending officer, an entry of such fact shall be made in the minute of the drawing, and the slip of paper containing such name shall be destroyed : 5. Another name shall then be drawn, in place of that other names to ^ bo drawn. contained on the slip of paper so destroyed, which shall be in like manner entered in the minutes of the drawing : 6. The same proceedings shall be had as often as may be Proceedinss to necessary, until the whole number of jurors required shall have been drawn : 408 JURORS RETURN AND SUM3I0NING OF, si^Sidliied. ^- The minute of the drawing shall then be signed by the clerk and the attending officers, and shall be filed in the clerk's office : egivSo sheriff ®- ^ ^^^t of namcs of the persons so drawn, with their additions and places of residence, specifying for w^hat court they were drawn, shall be made and certified by the clerk and the attending officers, and shall be delivered to the sheriff of the county. xttSng^^'aw^s 5 ^^' ^^^ sheriff shall summon the persons named in such list, to attend such court, at least six days previous to the sitting thereof, by giving personal notice to each person, or by leaving a WTitten notice at his place of residence, with some person of proper age. He shall return the said list to the court, at the opening thereof, specifying those who were summoned, a«d the manner in which each person was notified. (39) Copies of lists to § 31. It shall be the duty of the county clerk, and of the applicants, g^gj-iff, to furnish any person applying therefor, and paying the fees allowed by law for the same, a copy of the list of jurors drawn to attend any returned, as herein provided, the cle^k shall deposit the ballots containing the' names of those who attended and served as jurors, in a box distinct from that from which they were taken; and the ballots containing the names of those who did not appear and serve as jurors, which shall not have been destroyed, shall be returned to the box from which they were taken. (42) «erta|n Hats ta & 37. The clcrk of the circuit court and sittings, the clerk be delivered to ' ^ New-York''''^ o^of the courts of oycr and terminer and general sessions, and the clerk of the superior court of law in the city and county of New-York, within one week after the termination of every sitting of their respective courts, shall deliver to the clerk of the city and county of New-York, a certified list of all the jurors who were returned to such court, and shall specify ' therein, 1. Those who appeared and served : 2. Those who were discharged on account of their being exempt from serving on juries, or on account of their being unqualified : 3. Those who, for any other reason, were excused from serving, and those who made default in appearing and serv- ing.(43). duty thereon. § 38. Thc couuty clcrk shall return to the box from which they were taken, the names of those jurors who appear, from • such certified list, to have been excused from serving, or to have made default in their appearance ; he shall destroy the ballots containing the names of those who Were discharged (42) 1 R. L. p. 335, section 11. v43) Ibid. p. 329, section 12. JURORS RETURN AND SUMMONING OF. 411 on account of their being exempt, or on account of their being unqualified ; and he shall deposit the ballots containing the names of those who appeared and served, in a separate box, distinct from that from which they were taken. § 39. If at the time of drawing any jury by the clerk, as ^eeSribor herein provided, there shall not be a sufficient number of ballots remaining in the first box in which they were de- posited, after drawing all that may be therein, the clerk shall proceed to draw the necessary number from the second box herein before mentioned, containing the names of those jurors who have before served ; and shall continue to draw from such box, until a new return of jurors be made by the town ofiicers, as' herein provided. § 40. Upon every new return of jurors bein^ made, the when oidbaiioi* ^ I ^' J o ' to be destroyed. 'clerk shall destroy all the ballots remaining in either of the boxes provided by him, and shall proceed to make out new ballots, and deposit and draw them in the same manner herein prescribed in relation to the first return of jurors. § 41. Whenever, in the opinion of any circuit iudffe, more cireuit judg« , , . . . , n , • 1 , . . »"ay order more ■than thirty-six jurors shall be required to attend any circuit jurors, court or court of oyer and terminer, he may, by an order un- der his hand, direct such additional number of jurors as he shall deem necessary, not exceeding twenty-four, to be drawn. § 42. Such order shall be served on, and filed with the ^'^^^^ "-"^^^^ ^ . . be served, &.c. clerk of the county in which such court is to be held, at least twenty days previous to the day appointed for the commence- ment thereof; and the said clerk shall thereupon draw the number specified in such order, in addition to the number of thirty-six, and shall proceed, therein in all respects, in the same manner herein prescribed. § 43. Any judge holding any sittings or circuit court in jvpwpanpisin the city and county of New-York, the judge or judges hold- ing the superior court of law, the judge holding the court of common pleas, or holding the court of general sessions of the peace, in the said city and county, may during the continu- ance of any such court, as often as it may be necessary, or- der a new panel of thirty-six jurors to be drawn to attend 412 JURY— GRAND. such court. Upon such order being served on the clerk of the city and county of New- York, he shall proceed to draw the jurors so ordered, and deliver a Hst of the names drawn to the sheriff, in the same manner as herein provided in rela- tion to other jurors. (44) Ibid. § 44. The sheriff shall summon such jurors in the manner herein directed respecting the first jury diawn, and shall in like manner return the names of those summoned to the court. b«d5ch^"'^S^&c ^ ^^* Upo^^ *^^ attendance of such new jurors, the former jurors shall be discharged, and all trials and proceedings in such court shall be had before such new jurors, in the same manner as the same might have been had before such former . jurors. Revised Statutes, Vol. 2, p. 270. ARTICLE FIRST. OF THE RETURN AND SUMMONING OF GRAND JURIES; THEIR POWERS AND DUTIES. Sect. 1, 2. Lists of grand jurors, whon and by whom to be prepared. 3, 4. Who to be placed on lir-t ; who to be omitted. 5. Contents of lists, how certified ; when and where to be filed. 6. County clerk to deposit names returned in a box. 7. How greater number may be required in New- York. 8. How number to be increased in other counties. 9. Duty of supervisors on receiving order for increase. 10, U. Time and mode of drawing grand jurors for any court. 12. Grand jurors how to be summoned and returned. 13. When to be fincrl for non-attendance, &c. 14. When grand jurors may be discharged. 15, 16, 17. When ballot to be returned to box ; when to be destroyed. 18. Proceedings when same person drawn on grand and petit jury. 19. Clerk to draw from box until new list is received. 5J0, 21. When names to be added to box by county judge. 22. Drawing and summoning jury in such case. 23, 24. Deficiency in number of persons attending, how supplied. 25. Precept to summon grand jury ibr sessions, not nece.ssary. 26: Number to constitute jury ; foreman how appointed. 27, 28. Challenges to grand jurors, when and for what causes allowed. 29. Foreman authorized to administer oaths. 30. Jury may appoint a clerk ; his duties. 31. What jurors may be required to disclose ; what not to be published. S2. When district attorney to attend jury. 33. When to be allowed to attend ; deliberations of jury to be private, 34, 35. In what cases and how new grand jury may be summoned. Lists of grand § L The supcrvisoi's of the several counties of this state, jurors. except the city and county of Ncw-Yovk, at their annual (44) 1 R. L. p 337, section G. JURY— GRAND. 41'8 meetings in each year, shall prepare a list of the names of three hundred persons, to serve as grand jurors at the courts of oyer and terminer, and courts of general sessions, to be held in their respective counties during the then ensuing year, and until new lists shall be rcturned.(19) § 2. The mayor, recorder and aldermen of the city of "''''yo",^^'^^' New- York, shall meet on the second Monday of July in each year, as a board of supervisors of that city and county, and shall prepare a list of the names of six hundred persons, to serve as grand jurors at the different courts of oyer and ter- miner, and general sessions, to be held in that city during the then ensuing year, and until new lists shall be returned. (19) § 3. In preparing such lists, the said boards of supervi- ^^^^"o^^fsJ''*"** sors shall select such persons only, as they know, or have good reason to believe, are possessed of the qualifications by law required by persons to serve as jurors for the trial of is- sues of fact, and ai'e of approved integrity, fair character, sound judgment, and well informed. ^ 4. Persons exempt by law from serving as jurors for the ^^^. '<»''« trial of issues of fact, shall not be placed on any hst of grand jurors, required.by the preceding provisions. § 5. The lists so made out by the said boards of supervi- contents of lists, sors, shall contain the christian and surnames, at length, of the persons named therein, their respective places of resi- dence, and their several occupations ; it shall be certified by the clerk of the board of supervisors, and shall be fil(?d in the office of the clerk of the county, within ten days after the first day of the meeting at which the same is herein directed to be made. (20) § 6. On receiving such list, the county cle1;k shall v/rite Duty of county the names of the. persons contained therein, w^ith their addi- ^'*^'^'^' tions and places of residence, on separate pieces of paper, and shall roll up or fold such pieces of paper, each in the same manner, as near as may be, so that the name written thereon shall not be visible ; and shall deposit such pieces of paper in (10) Laws of 1827, p. 312, section ].& 4. (20) Ibid. ' 414 JURY— GRAND. a sufficient box, from which they shall be drawn as herein after provided. (21) v Increasing num- § 7. If the circuit iudffe of the first circuit, the mayor and ber of jurors in jo ^ j New-York. recorder of the city of New- York, or any two of them, shall at any time be of opinion that a greater number of persons than that herein required, should be returned, to serv^e as grand jurors, they may, by an order under their hands, direct such number to be increased ; but such increase shall not exceed one half the number herein required to be selected for that city and county. Ibid, in other counties. § 8. If the county judges of any other county of this state, or any three of them, shall at any time be of opinion that a greater number of persons than that herein required, should be returned to serve as grand jurors in their county, they may, by an order under their hands, direct such number to be increased ; but such increase shall not exceed one half the number herein required to be selected for such county. Duty of super- visors. § 9. Upon any order which is authorized by the two last sections, being served upon the board of supervisors, they shall at their next annual meeting, increase the number of persons returned by them to serve as grand,jurors, pursuant to such order. Time, &c. of drawing grand jurors, § 10. At the time of drawing the names of jurors for the trial of issues of fact, in any court of oyer and terminer, and at the time of drawing such jurors for any term of the court of common pleas of the county at which a court of ge- neral sessions may by law be held, the county clerk, in the presence, and with the assistance of the sheriff or under- sheriff, and of a county judge or justice of the peace, or two county judges or justices of the peace, who shall have attended for the purpo^ of drawing the petit jury -for such court, shall proceed and draw the names of twenty-foiir persons, from the box in which the pieces of paper shall have been depo- sited for that purpose, to serve as grand jurors at such court of oyer and terminer, or general sessions, as the case may be. (22) (21; Lawi of ]P27, p. 312, section 2. (22) Ibid. JURY— GRAND. 415 § 11. Such drawing shall be conducted in all respects, in Mod« of drawing, the manner prescribed by law for drawing petit jurors ; a minute of such drawing shall be kept, signed and filed in the like manner ; and a list of the persons so drawn, with their additions and places of residence, and specifying for what court they shall have been drawn, shall be made and certified by the clerk and the attending officers, and shall be delivered to the sheriff of the county. (23) § 12. The sheriff shall summon the persons named in such "nd rauS*** list, to attend such court as grand jurors, at least six days previous to the sitting of such court, to give personal notice to each person, or by leaving a written notice at his place of residence, with some person of proper age. He shall re- turn such list to the court at the opening thereof, specifying those who were summoned, and the manner in which each person was notified. § 13. The court to which any list of grand jurors so drawn shall be returned by the sherift', shall impose a fine not ex- ceeding twenty-five dollars, for each day that any person duly summoned as a grand juror shall, without reasonable cause, neglect to attend. But if it appear that any such per- son was notified by leaving a written notice at his place of residence, the court shall suspend such fine, until the default- ing grand juror shall be notified, as provided by law. Fines for not allondini;. § 14. The court may discharge any person from serving as a grand juror, in the same cases, in which petit jurors may by law be discharged. Dischnrging Uiem. § 15. When any person drawn as a grand juror, shall not Returning^baiiot attend the court for which he was drawn, or shall be excused for the term only, his name shall be returned into the box of undrawn ballots for that year. (24) § 16. When any person drawn as a grand juror, shall have Destroying it. attended and performed his duty as such at any court, the ballot containing his name shall be destroyed, and he shall not (23) Laws of 1827, p. 312, section 2. (21) Ibid, $3. 416 JURY— GRAND. be again required to serve as a grand juror during the year for which his name was returned. (24) Ibid. § 17. When any person drawn as a grand juror, shall be discharged by the court, or excused from attending, on ac- count of any disqualification, or for any other cause not being of a temporary nature, the ballot containing his name shall be destroyed. (24) (frawu on both §18- When the same person shall be drawn as a grand juries. juror and as a petit juror, to attend the same court, his name shall be omitted from the list of petit jurors, and another name shall be drawn from the box containing the names of persons returned to serve as petit jurors ; and- after the completion of the drawing of the petit jurors, the name of s ch person drawn for the grand jury, shall be returned into the box containing the undrawn names of petit jurors. Drawing, &c. § 19. If any new list of persons to serve as grand jurors, shall not be returned to the county clerk, before he shall have completed the drawing of the grand jurors for any court, he shall proceed to draw grand jurors in the manner herein provided, from the box containing the names of those already returned^ for that purpose, notwithstanding they may have been returned for a year then expired, or which will expire before the end of the term or sitting of the court for w^hich they shall be drawn ; and such person shall be summoned and shall serve in the same manner, and be subject to the same penalties for neglect, as if such year had not expired. Adding names § 20. When it shall appear upon the representation of a to box by county "* ,ii i -ii nr judge. county clerk, that there ai*e less than mty names remammg in the box containing the names of persons returned to serve as grand jurors, any three judges of the county courts may select from the citizens of the county qualified to serve as grand jurors, and who shall not have served during the pre- ceding twelve months, the names of fifty persons, to serve as grand jurors. How and when &21. Such uamcs sliall be certified to the countv clerk, to be deposited n • ^ • rr- i ii " and drawn. ^ylio shall file sucli Certificate m ms office, and shall cause (24) Laws of 1627, p. 312, eecuon 3. JURY—GRAND. 4n such names to be written on distinct pieces of paper, and depo- sited in the box containing any undrawn names of persons re- turned to serve as grand jurors, or if there be none, then in a proper box ; and from such box, in either case, the clerk shall draw a grand jury to serve for any court of oyer and terminer or general sessions, to be held immediately after such drawing. § 22. Such drawing shall be made at the time, and in the BiJ^SSiJJ.** same manner, in all respects, as herein provided in respect to persons returned by the supervisors, and the persons drawn shall be summoned in like manner, and subject to the same penalties for neglect. § 23. If at any court of oyer and terminer, or court of ge- cfency [n"urorV?* neral sessions, there shall not appear at least sixteen persons duly qualified to serve as grand jurors, who shall have been summoned for that purpose, or if the number of grand jurors • attending shall be reduced below sixteen, by any of them be- ing discharged, or otherwise, such court may, by an order to be entered in its minutes, direct the sheriff of the county to summon the number of persons necessary to complete the grand jury for such court. § 24. The sheriff shall summon such persons accordingly, ibid, who shall be bound forthwith to attend and serve, unless ex- cused by the court, in the same manner and subject to the same penalties for neglect, as persons duly drawn by the county clerk and summoned by the sheriff, as herein pro- vided. § 25. It shall not be necessary for the judges of the county rj^^^^PJ^^'JJjJ^^J courts or the justices of the peace, of any county, to issue a'»oJ«hed. any precept to the sheriff to summon any grand jury for any court of general sessions ; but the list of persons certified to be drawn for that purpose by the county clerk and the of- ficers attending such drawing, shall authorize and make it the duty of the sheriff, to summon and return such persons as grand jurors. § 26. There shall not be more than twenty-three nor less Number or ju- . 1 • 1 r 1 rors; foreman. than sixteen persons sworn on any grand jury ; and from the persons summoned to serve as grand jurors and appearing, 58 418 JURY— GRAND. the court shall appoint a foreman, and they shall also'appoint a foreman in every case where any person already appoint- ed, shall be discharged or excused before the grand jury are dismissed. Challenges jurors. § 27. A person held to answer to any criminal charge, may object to the competency of any one summoned to serve as a grand juror, before he is sworn, on the ground that he is the prosecutor or complainant upon any charge against such person, or that he is a witness on the part of the prosecution, and has been subpoenaed or been bound in a recognizance as such ; and if such objection be established, the person so summoned shall be set aside. ^°ii5^d?^ § 28. No challenge to the array of grand jurors, or to any person summoned to serve as a grand juror, shall be allow- ed in any other cases than such as are specified in the last section. SSr"o2iS: § 29. The foreman of every grand jury, from the time of his appointment to his discharge, shall be authorized to ad- minister any oath, declaration or affirmation, in the manner prescribed by law, to any, witnesses who shall appear before such grand jury, for the purpose of giving evi- dence in any matter cognizable by them. (25) Clerk of grand § 30. Every grand jury may appoint one of their number to be a clerk thereof, to preserve minutes of their proceed- ings ^nd of the evidence given before them ; which minutes shall be delivered to the district attorney of the county, when so directed by the grand jury. Disclosures by § 31. Members of the grand jury may be required by any court, to testify whether the testimony of a witness examin- ed before such 'jury, is consistent with or different from, the evidence given by such witness before such court ; and they may also be required to disclose the testimony given before / them by any person, upon a complaint against such person for perjury, or upon his trial for such offence ; but in no case can a member of a grand jury be obliged or allowed to testify (io) 1 R. L. p. 525, section 27. JURY— GRAND. 41d or declare, in what manner he or any other member of the jury voted on any question before them, or what opinions were expressed by any juror, in relation to any such ques- tion. § 32. Whenever required by the grand jury, it shall be IJSliTiS*' the duty of the district attorney of the county to attend them for the purpose of examining witnesses in their presence, or of giving them advice upon any legal matter; and to issue subpoenas and other process to bring up witnesses. .§ 33. The district attorney of the county shall be allowed ^^- f*^^*^: at all times to appear before the grand jury, on his request, ^**«- for the purpose of giving information relative to any matter cognizable by them ; and may be permitted to interrogate witnesses before them, when they shall deem it necessary : but no district attorney, constable or any other person, ex- cept the grand jurors, shall be permitted to be present during the expression of their opinions, or the giving of their votes, upon any matter before them. § 34. If any offence shall be committed during the sitting when new jury of any court of oyer and terminer or court of general ses- ^^^ sions, after the grand jury attending such court shall have been discharged, such court may, in its discretion, by an or- der to be entered in its minutes, direct the sheriff to summon another grand jury. § 35. The she riff shall accordingly forthwith summon such How tumrBoned, grand jury from the inhabitants of the county qualified to serve as petit jurors, who shall be returned and sworn, and shall proceed in the same manner in all respects, as provided by law in respect to other grand juries. 420 JUVENILE DELINQUENTS. JIJVEIVILE DiEL,Il\QlJET¥TS, Preamble. Cftrpontion created. Style, 4ce. Proviso. Sect. 1. Corporation created. 2. Concerns to be conducted by 30 managers, 3. Elections. 4; Power and duty of managers. 5. Certain clauses relating to apprentices to apply. 6. By-laws ; annual reports to be made. 7. Declared a public act. 9. Delinquents received from any county in the state. 10. Health commissioners to account. 11. Transportation of delinquents. 12. Provision for repeal of act. 13. Annual appropriation. 14. 15. Repealing clauses. IC. license for theatres. 17. Proceeds to be paid to the treasurer of society. 18. Account to be rendered. 19. Allowance for collecting hospital monies. 20. Annual payments to the treasurer of society. 21. The third section ot the act of 1829 repealed. AN ACT to Incoiyorate the Society for the Reformation of Juvenile Delinquents in the City of New-York. Passed March 29, 1824, chap. 126, p. 110. Whereas by the petitions of several inhabitants of the city of New-York, it is represented that they are desirous of establishing a society and house of refuge, for the reforma- tion of juvenile delinquents in the said city, and have prayed to be incorporated : Therefore, L § L Beit enacted by the People of the State of New-York, represented in Senate and Assembly, That all such persons as now are, or hereafter shall become subscribers to the said association, pursuant to the by-laws thereof, shall be, and hereby are constituted a body corporate and politic, by the name of " The managers of the society for the reformation of juvenile delinquents in the city of New- York ;" and by that name they shall have perpetual succession, and being in law capable of suing and being sued, defending and being de- fended, in all courts and places, and in all manner of actions and causes, whatsoever ; and may have a common seal, and change the same at their pleasure ; and shall be capable in law, by that name and style, of 'purchasing, holding and convey- ing any estate, real or personal, for the use of the said corpo- ration : Provided, That such real estate shall never exceed the yearly value of ten thousand dollars, nor be applied to any other purposes than tho.se for which this incorporation . is formed. JUVENILE DELINQUENTS. 421 2. § 2. And be it further enacted^ That the estate and con- cerns of the said corporation shall be conducted by a board of thirty managers, to be elected by a plurality of ballots of the members resident in the city of New- York, being sub- scribers as aforesaid, and present at such election, yearly on the third Monday in November,, at such place in the said city, and at such time of the day, as the board of managers may from time to time appoint, and of which public notice shall be given ; and if any vacancy shall occur by the resig- nation, rem6val or otherwise, of any one of the said board, the same shall be filled for the remainder of the year by such person or persons, being subscribers as aforesaid, as the board for the time being, or a major part of them, shall ap- point ; and until the election on the third Monday in Novem- ber, in the year one thousand eight hundred and twenty-five, the following persons shall compose the said board of mana- gers, to wit : Cadwallader D. Golden, John Griscom, John Duer, Jonathan W. Wainvvright, Isaac GoUins, Thomas Eddy, Ansel W. Ives, John T. Irving, John E. Hyde, Gor- nclius Dubois, James W.Gerard, Joseph Gurtis, John Stearns, Ralph Olmstead, Robert F. Mott, Stephen Allen, Henry J. Wyckoff, Samuel Gowdrcy, John Targee, Arthur Burtis, Jo- seph GrlnncU, Hugh Maxwell, Henry Mead, Peter A. Jay, Gilbert Goutant, Gornelius R. Duffy, and James Lovett : And it is hereby further enacted, That no manager of the said soci- ety shall receive any compensation for his services. Concerns to be conducted by thirty mana- gers. First manogeri: , 3. § 3. And be it further enacted, That if the annual elec- tion shall not take place on the stated day for that purpose, the said coloration shall not thereby be dissolved, but the members of the said board shall continue in oflice until a new election, which shall be had at such time and place, and after such notice, as the said board shall prescribe : and in case of an equality of votes for any one or more persons, as a mem- ber or members of the said board of managers, the said board shall* determine which of such persons shall be con- sidered as elected, and such person or persons shall take his or their seats, and act accordingly. Election*. 4. § 4. And be itfurther enacted. That the said managers shall Powrr and »hjry have power, in their discretion, to receive and take into the "'^'^^ house of refuge to be established by them, all such children, • I 423 JUVENILE DELINQUENTS. who shall be taken up or committed as vagrants, or convicted of criminal offiences, in the said city, as may in the judgment of the court of general sessions of the peace or of the court of oyer and terminer, in and for the said city, or of the jury % before whom any such offender shall be tried, or of the po- lice magistrates, or of the commissioners of the almshouse and bridewell of the said city, . be proper objects ; and the said managers shall have power to place the said children committed to their care, during the minority of such children, at such employments, and to cause them to be instructed in such branches of useful knowledge, as shall be suitable to their years and capacities ; and they shall have power in their discretion, to bind out the said children, with their con- sent, as apprentices or servants, during their minority, to such persons, and at such places, to learn such proper trades and employments, as in their judgment will be most for the reformation and amendment, and the future benefit and ad- vantage of such children: Provided, That the charge and power of the said managers, upon and over the said children, shall not extend, in the case of females, beyond the age of eighteen years. Certain ciausea 5. § 5. And be it further enacted, That all and sino^ular the to apply to this •" . / . , . i i . #«. clauses and provisions m the act, entitled " An act concern- ing apprentices and servants," relating to the covenants to be inserted in the indentures of apprentices and servants, made by the overseers of the poor, and the provisions of the sixth, ninth, tenth, eleventh, twelfth and thirteenth sections of the last mentioned act, shall apply to the said apprentices and servants, and the persons to whom they may be^ound, under and by virtue of this act. By-iawi. 6. § 6. And be it further enacted, That the said managers ' under this act, may from time to time make by-laws, ordi- nances and regulations, relative to the management and dis- position of the estate and concerns of the said corporation, and the management, government, instruction, discipHne, em- ployment and disposition of the said children, while in the s^id house of refuge, or under their care, not contrary to law, as they may deem proper; and may appoint such officers, agents and servants as they may deem necessary to transact jk^.l JUVENILE DELINQUENTS. 421 the business of the said corporation, and may designate their duties : And further, That the said managers shall make an Annual report* •^ . ^ , to bemad*. annual report to the legislature, and to the corporation of the city of New- York, of the number of children received by them into the said house of refuge ; the disposition which shall be made of the said children, by instructing or employ- ing them in the said house of refuge, or by binding them out as apprentices or servants ; the receipts and expenditures of the said managers, and generally all such facts and particulars as may tend to exhibit the effects, whether advantageous or otherwise, of the said association. 7. § 7. And he it further enacted, That this act shall be, PuWic act , and is hereby declared a public act ; and that the same shall be construed in all courts and places, benignly and favorably, for every humane and laudable purpose therein contained. 8. § 8. And he it further enacted, That the legislature may May be altered, at any time hereafter, alter, modify, or repeal this act. ^iV ACT to amend an act, entitled ** An act to incorporate the Society for the Reformation of Juvenile Delinquents in the City of New-York,'^ passed March 2dth, 1824, and for other purposes. Passed Janinry 23, 1825, chap. 24, p. 18. 9. § 1. Be it enacted by the People of the State of New -York, ^receWed"f?on?' represented in Senate and Assembly, That the managers of thJetate""^^ "* the society mentioned in the act hereby amended, shall re- ceive and take in the house of refuge established by them in the city of New- York, all such children as shall be convicted of criminal offences in any city or county of this state, and as may, in the judgment of the court before whom any such offender shall be tried, be deemed proper objects ; and the powers and duties of the said managers in relation to the children which they shall receive in virtue of this act, shall i be the same in all things as are prescribed and provided by the act, entitled "An act t? incorporate the society for the reformation of juvenile delinquents in the city of New- York," passed March the 29th, 1824, in respect to children which the said managers have received, or may receive in virtue of that act. 424 JUVENILE DELINQUENTS. Health commis- sioueri to ac- couuu 1(X § 2. And he it further enacted, That the commissioners mentioned in the thirty-eighth section of the act, entitled, " An act to provide against infectious and pestilential dis- eases," passed March the twenty-first, eighteen hundred and twenty-three, shall account annually to the comptroller of the state, for all monies received by them for the use of the ma- rine hospital ; and if the same shall, in any one year, be more than sufficient to defray the expense of executing the trust committed to them, exclusive of such expenses as are to be borne and paid as part of the contingent charges of the city 1 of New- York, and including the annual compensations grant- ed to the said commissioners by the said act, then and in such case the said health commissioners shall pay such surplus over to the treasurer of the managers of the society for the reformation of juvenile delinquents in the city of New-York, for Ihe use of the said society ; and the said commissioners shall also pay to the said treasurer, for the use of, and be ex- pended by the said society in the erection of a house of refuge for female juvenile delinquents, so much of the ba- lance or surplus now in their hands, or which may be invested pursuant to the said thirty-eighth section, as the person ad- ministering the government of tliis state may not deem neces- sary to be retained and disposed of agreeably to the said thir- ty-eighth section, to meet any deficit of the receipts of the said commissioners for the purposes of the said marine hospital, or for the building of such other stone or brick hospitals in the place of the present wooden ones, as the person admin- istering the government of this state may from time to time think necessary ; and that the said thirty-eighth section, so far as the same is inconsistent with the provisions of this act, and no further, be, and the same is hereby repealed. Transportation IL § 3. And he it further enacted, That the sheriffs of the einquents. gg^gj-j^j couutics of this statc, shall be allowed for the trans- portation of any juvenile delinquents according to the provi- sions of this act, the same compensation as is now given by law for the transportation of convicts to the state prisons, to be audited and paid by the supervisors of the respective counties, as part of the contingent expenses of the said counties : Pro- vided, That after notice shall be given by the managers oi the said society, that there is not room for the reception of any further delinquents, it shall not be lawful to transport JUVENILE DELINQUENTS. 425 any other delinquents, until notice shall be given that they can be received. 12. § 4. Ajid be it further enacted, That the legislature pf,fed"'' *""•' may, at any time, repeal, amend, or modify this act. AN ACT to create a Fund in aid of the Society for the Refor- mation of Juvenile Delinquents in the City of New-York f and for other purposes. Passed April 29, 1829, chap. 302, p. 436. 13. § 1. The commissioners- of health, mentioned in the Appropriation of ^ ^ $6000 annually. eleventh and twelfth sections of title fourth of chapter four- ' teenth of the First Part of the Revised Statutes, shall pay- out of the monies received by them for the use of the marine hospital, eight thousand dollars annually, in quarterly pay- ments of tv^o thousand dollars each, commencing on the first day of May next, to the treasurer of the society for the re- formation of juvenile delinquents in the city of New^-York, for the use of the said society; which sum of eight thousand dollars shall be part of the surplus, and not in addition thereto, dircctcd»to be paid said treasurer by the above mentioned eleventh section; and the said commissioners of health shall pay over annually to the comptroller of the state, on or be- fore the first day of April, the balance that may remain of the said surplus fund, after paying the eight thousand dollars as aforesaid ; and the balance of the said surplus so paid to the comptroller, shall be invested by him in some secure manner at interest, and the said fund shall be kept distinct and separate, and shall be denominated the "Mariners Fund." 14. § 2. So much of the said twelfth section of title fourth Repeal, of chapter fourteenth of the First Part of the Revised Sta- tutes, as applies to the balance of hospital monies in the hands of the commissioners of health, is declared to apply only to such balances as were in their hands at the time said chapter took effect as a law ; and any part of said section inconsis- tent with this declared construction,'*- is hereby repealed. 15. § 3. Repealed. j4 426 JUVENILE DELINQUENTS. ^''^uS.^&V.^^* 10. § 4. No theatre or circus, or building for exhibiting theatrical or equestrian performances in the city of New- York, shall be opened for such exhibitions after the first day of May next, unless the manager or proprietor thereof shall annually obtain from the mayor of the said city, a license therefor, which license the said mayor is authorized to grant, to continue until the first day of May ensuing the grant thereof; and every manager or proprietor offending in the premises, or consenting or allowing the same to be done, whether there be one or more managers or proprietors of such theatre or circus, shall be guilty of a misdemeanor, and shall be subject to a fine of one hundred dollars for each day it shall be so opened, or imprisonment not exceeding three months. Amount to be 17. § 5. Upou m'antin": every license authorized by^he paid for the same. .. ^. °, ^ / ,, . ^ , *^ precedmg section, the mayor shall receive from the person to whom the same shall be granted, the sum of five hundred dollars for each theatre, and the sum of two hundred and fifty dollars for -each circus ; which sums, when so received, shall be paid over to the treasurer of the society for the re- formation of juvenile delinquents in the city of New- York, for the use of said city. Account to be 18. § G. Tlic said commissioners of health shall render to rendered. •* the comptroller annually, a minute and detailed account of all monies denominated " hospital monies," which shall be received ; and also of all such monies disbursed by them or either of them, for the marine hospital ; for the expenses of their trust, so far as the same are payable out of this fund ; for their own salaries, and the commission allowed by law to the health commissioner for collection ; and also of the surplus, if any, of such monies paid over to the treasurer of the society for the reformation of juvenile delinquents in the city of New- York. Allowance for 19. 6 7. The Comptroller is hereby authorized to allow to collecting hospi- , , , , . . r i n • r i • i taimonieg. the health commissioner, lor the collection of " nospiial mo- ney," from coasting vessels, a commission at his discretion, of not less than two and a half, nor exceeding ten per cent. ; which allowance he is authorized to make, as well upon the JUNENILE DELINQUENTS. 427 collection made from such vessels during the past year, as upon those hereafter to be made. CHAP. CLXXXVI. AN ACT to amefid ''An act to create a Fund in aid of the Society for the Reformation of Juvenile Delinquents in the City of New-York, and for other 'purposes,^'' passed April 29, 1829. Passed April 21, 1831, p. 234. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 20. § 1. There shall be paid annually by the treasurer of ,^"X^' p^J^^^^J the eity of New- York, on the first JMonday of July, to the fy-Je'Laws of treasurer of the society for the reformation of juvenile de- p^IVs*;}^*^" ^'*' linquents, in the city of New- York, the sum of four thousand dollars, for the use of said society, out of the monies appro- priated for the support and maintenance of the poor of the said city, by the act, entitled " An act to amend an act, en- titled *An act to lay a duty on strong liquors, and for regu- lating inns and taverns, so far as relates to the city of New- York, and for other purposes,' " passed April 10th, 1824. 21. § 2. The third section of the act, entitled "An act to Repealing ciame create a fund in the aid of the society for the reformation of juvenile delinquents in the city of New-York, and for other purposes," passed April 29, 1829, and which directs the com- missioners for collecting the duty of excise in the city of New- York, to demand and receive one dollar and fifty cents in addition to the sum then required by law for a license to any tavern-keeper, grocer, or. keeper of an ordinary or victualling-house, or public garden, shall be, and the same is hereby repealed. \Forty-Eighth Session.] CHAP. CVII. AN ACT in aid of the Managers of the Society for the Re- formation of Juvenile Delinquents In the City nf New-York. Passed April 9, 1825. § 23. Be it enacted by the People of the State of New-York, 2000 dollars pay represented in Senate and Assembly, That the treasurer shall, *'''*' annually. 4^ LAMPS, &C. PRESERVATION OF. on the warrant of the comptroller, pay. to the treasurer of the managers of the society for the reformation of juvenile delinquents in the city of New- York, out of any money in the treasury net otherwise appropriated, the sum of two thou- sand dollars annually, for the term of five years ; that the first payment of two thousand dollars shall be made on the first day of May next, and the like sum on every first day of Mav thereafter. LAMPS, &c."Prescrvation of.* Act to Reduce, ^c. 1813, Vol. 2, p, 427. 1. Penalty for injuring Lamps, windows, &r. 2. Rofiising payment, otlonder to be committed to Bridewell. 3. Oirenders whose names .ire unknown may be detained. 4. These provisions no bar to suit for damages. Ci. Who to be doemid {fuilty. G. Informer not liable for penalty. Penalty for injur- L § CCVI. Aiid 1)6 it further encicted, Tliixt if any person d7wlr"knocirer">hall wilfully break, take down or carry away, any glass ***^" lamp, already hung or fixed, oi* hereafter to be hung or fixed, in any of the streets of the city of New- York, 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 the said city, and shall be thereof convicted, before the mayor, recorder, or any one of the al- • dermen of the said city, or before either of the special jus- tices of the said city, either by the confession of the party, How recover«d. or by the oath of one or more credible witness or witnesses, he or she shall, for every such offence, forfeit a sum not ex- ceeding twenty-five dollars, lawful money of this state, to be * It appears our predecessors were disturbed by the evil that statute in the text was intend- ed to remedy. An act was passed 25 November, 1751, V. S. vol. 1, p. 306, entitled an act to prevent the breaking, or otherwise injuring Glass Lamps, in the city of New-York. The preamble to the act recites, that wljereas sundry of the inhabitants of the city of New-York, as well for the prevention of the evil practices usually committed in the night time, as for the conve- nience of persons usi,ng the streets about their lawful business, are willing at their own ex- pense, to hang out or fix up in the night time, before their dwelling hou.scs, large Glass Lamps, to illuminate the streets of the said city, but are discouraged therefrom, for fear that such lamps may be broken, taJ^en down, destroyed or carried away, or the lights therein put out. The act imposes a penalty of twenty pounds upon any person who shall* break or take down, Sec. Glass Lamps fi.xed up before dwelling houses, . rcriMMkem cite- 2. 6 I, Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That Tompkins-street, along the East river, as laid out and approved by the mayor, aldermen, and commonalty of the city of New- York, shall be the permanent exterior street on the East river, between Rivington-street and Tw^enty-third-street, and East-street on the said river, between Grand-street and Rivington-street, -as laid out and approved as aforesaid, shall be the permanent •■exterior street, as so laid out and approved ; and that all •grants made or to be made by the said mayor, aldermen and commonalty shall be construed as rightfully made to extend thereto ; a^ that all the provisions of the act entitled " An act to reduce several laws relating particularly to the city of New-York, into one act," passed April 9, 1813, and the several acts amendatory thereof, and in addition thereto, shall be constiiucd to apply .to said Tompkijis-street and East- street. LANDS UNDER WATER— grants of. 437 3. § 11. And be it further enacted, That the second section of the act of the twenty-fifth February, one thousand eight hundred and twenty-six, hereby amended, be, and the same is hereby repealed. Remsed Statutes, Vol. l,p. 208. LAXDS UiVDER WATER — Grants of. SccT. G7. When and to whom commissioners may grant lands under water: G8 &L. 69. The power given in preceding section to extend to certain waters. 70 & 71. Applicants to give notit;e, and how. ARTICLE FOURTH. OF GRANTS OP LAND UNDER WATER. §67. The commissioners of the land-office shall have when and to power to grant so much of the lands under the waters of navigable rivers or lakes, as they shall deem necessary, to promote the commerce of this state ; but no such grant shall be made to any person, other than the proprietor of the ad- jacent lands, and every such grant that shall be made to any other person, shall be void. (67) § 68. The power hereby vested in the said commissioners, certain waten. shall extend to lands under the water of Hudson's river, ad- jacent to the state of New- Jersey ; and also to lands under the waters adjacent to and surrounding Great Barn Island, in the city and county of New- York ; and to the land be- tween high and low water mark on said island; but no grant shall be so made, as to interfere with the rights of the corpo- ration of the city of New-York, or to affect the navigation of the waters surrounding the said island. (67) § 69. The powers of the commissioners shall also extend ib. to the lands under water, adjacent to and surrounding Sta- ten-Island ; but no such grant shall be so made as to interfere with any rights of the corporation of the city of New- York, or to extend more than five hundred feet into the water, from low water mark. (67). (67) 1 R. L. 293, ^4; Laws of 1815, p. 201, $ 1, - ^^ 438 LEASES— LOAN OFFICERS, &c. fanlf^*"^^^^"' 5'^^* Every applicant for a grant of land underwater, shall, previous to his applicatioh, give notice thereof, by ad- vertisement, to be published for six v^eeks successively, in a new^spaper printed in the county in w^hich the land so intend- ed to be applied for, shall be situated ; and shall cause a copy of such advertisement to be put upon the door of the court- house of such county, and if there be no court-house in the county, then at such place as the commissioners shall direct. (67) lb. § 7L If there be no newspaper published in the county where such land shall lie, the advertisement shall be publish- ed in the newspaper that shall be printed nearest to such land. Remsed Statutes, Vol. I, p, 744. LEASES — in New- York. 1. Duration of certain agreements for land in New York. Duration of cer- L § I. Agreements for the occupation of lands or tene- iS 'S?w-Y™rk"^' ments, in the city of New- York, which shall not particularly specify the duration of such occupation, shall be deemed valid until the first day of May next after the possession under such agreement shall commence, and the rent under such agreement shall be payable at the usual quarter days for the payment of rent in the said city, unless otherwise expressed in the agreement. (28) Loan Officers and Commissioners of Loans. 1. Mayor, aldermen and commonalty authorized to appoint loan officers. 2. Mortgagees may be assigned. 3. Officers to account. Passed March 14, 1792, K. &R. Vol. 2, p. 400. Powcrsof mayor, 1. § 38. And be it further enacted by the authority afore- New-York. ' Said, That all the power and authority by this act given to, and duties required to be done by the judges and supervisors of the several other counties of this state, shall be vested in (67) 1 R. L. 293, ^ 4 ; Lawa of 1815, p. 201, % 1. (28) Laws of 1820, p. 178. T LOAN OFFICERS. 439 and exercised by the mayor, aldermen and commonalty of the city of New-York, in common council convened, so far as the matters and things in this act contained, relate to the county of New-York. And the mayor, recorder, aldermen and assistants, for the time being, of the city of New- York, shall be subject to the like penalties and forfeitures, as the said judges and supervisors are subject to for any default or neglect. CHAP. XII. AN ACT respecting the Loan Officers of the City and County of New-York Passed January 30, 1832. p. 13. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 2. § I. It shall be lawful for the loan officers of the city Kl?g,^'d "''^ and county of New-York to assign and set over to any per- son or corporate body, their heirs and assigns, on their pay- ing the principal and interest due thereon, all mortgages on lands, which may have been mortgaged to said loan officers and their predecessors in office, which have not been cancelled and paid; and thereupon, the assignees of such mortgages, their heirs and assigns, shall be possessed of all the right, title and interest which the people of the state of New- York, and the said loan officers have in and to the same, and shall be entitled to take all lawful means in their own name for the collecting of the money due, or to become due thereon, which the said people and the said loan officers now have, or may have, for the collection of the same : but the people of this state are in no event to be made liable by such assignment for the repayment of the principal and in- terest, or any part thereof, in case the same shall not be re- covered of the mortgagor or mortgagors, their heirs or assigns, or from the sale of the premises thus mortgaged. 3. § II. It shall be the duty of said loan officers to account officers to ac- with the comptroller of this state for their doings in the pre- mises, and to pay to the treasurer of the state the moneys so received on transfer on the said mortgages. 440 LOTTERIES. Revised Statutes, Vol 1, p. 668. LOTTERIES. LicenBes, by whom to ba granted. 40. Licenses, by'whora to be granted. 41. Contents of, and to be recorded. 42. Licenses to certain persons without bond. 43. Certain sums to be paid by other vendors. 44. And to execute bonds, their penalty and conditiorr. 45. When to be filed, and for license. 46. How prosecuted. 47. Monies received ; licenses, how applied. 49. When vendors to forfeit licenses. 30. Certain persons authorized to divide lottery tickets. 51. Penalty for selling, &c. any shares other than those allowed by last eectioir. 52. Certain evidence not necessary in prosecutions under this article. § 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 tRe 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 respec- tively, or the majority of them; but no licenses shall be granted for the cities of Albany, Hudson, Troy, and Sche- nectady, by any other persons than the mayors of the said cities respectively. Licenses to tw recorded ; contents ; effect. § 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 transcript thereof, duly certified by the clerk of the county, under his official seal, shall be evidence in all courts and places whatsoever. Such licenses shall specify the house, store or office where the business of vend- ing 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. ngcstocer- ^ ^^' ^ hcensc shall be granted by the said mayors and tainpersj>i«with- judgcs rcspcctively, whenever applied for, to the managers or persons who have purchased the lotteries heretofore au- thorized by this state, and to the duly authorized agent or # LOTTERIES. ^^1 agents of the institutions or corporations fot who&e benefit the said lotteries were granted, who shall be appointed suoh 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 pro- ducing and filing with the said mayors of cities respectively, or with the clerk of the county in which application shall be made, a certificate subscribed by the said managers or pur- chasers, or by the agents so appointed, specifying that such applicant has been employed by them to vend tickets in their behalf. § 43. Before the granting of such license to any other ^,^ertMn^«aim. ^ person than the said managers, purchasers, agents or per- w vender, sons employed by them, it shall be the duty of the person de- siring a license to vend such tickets in the city of New- York, to pay to the mayor of that city the sum of two hun- dred and fifty dollars ; and for a license to vend such tickets in tha city of Albany, to pay to the mayor of that city the sum of one hundred and twenty-five dollars ; and for a li- cense to vend such tickets in the city of Hudson, to pay to the mayor of that city the sum of seventy-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 trea- surers of the counties where applications^shall b^ 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 dol- lars, 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 re- quired to be paid, shall be produced and filed with the clerk of the county. § 44. No license shall be granted to any other persons than And bonds to be , ^ r 111 1 • /- 1 executed by them those beiorc excepted, until the person applymg for the same shall enter into a bond to the people of this state, '^th two sufficient sureties, to be approved by the said mayors respec- tively in their several cities, or by the judges of the county courts in their several counties, or a majority of sucl^ jjudges, 5G I 142 LOTTERIES. which approbation shall be endorsed on the said bond ; and which bond, when executed in the city of New- York, shall dSoil? *"^ *°^ ^^ ^" ^^^ 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 li- cense shall not, during the continuance thereof, directly or indirectly, sell, vend, barter, furnish, supply, procure, 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 lottery, 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 person receiv- ing such license will, during the continuance thereof, con- form himself, in all things, to the laws of this state relative to lotteries and the sale of tickets. Bond! where filed § 45. Such bond, on being duly cxecutcd, shall be delivered to the person or persons to whom application for such li- cense shall be made, before any license shall be granted, and shall be by them filed in the office of the clerks of their re- fee for license, spectivc counties, and for granting such license, such mayor or judges shall be entitled to receive the sum of fifty cents. bondsr"^'"*" *'*" § 46. It shall be the duty of the several district attornies of this state, v/henever any condition of any such bond has been violated, to ^^rosecute 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 prosecuted, to render judgment for the penalty of such bond, with the costs Payment over of of suit, and to causc cxccution thcrcon to be duly had. The recoveries. amouut Collected 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 exe- cuted in any other county, to the county treasurer thereof. m^mw *^?ece?ved ^ '^^- '^^^ nionics received by the mayor of the city of New- la New-York. York, either upon the granting of licenses, or from recoveries upon bonds as aforesaid, shall be paid over from time to time as they shall be received, the one half thereof to the managers? LOTTERIES. 44 of the institution for the education of the deaf and dumb, and the other half to the common council of the said city, for the use of the public schools therein. § 48. The monies received as aforesaid by the mayors of monies 'reSwi other cities of this state, shall be by them paid over as re- ^'^^ ceived, to the treasurers of their respective counties ; and the monies so received by the said treasurers, as w^ell as the monies received by them on granting licenses, and from re- coveries on bonds, shall be preserved as a fund for the sup- port of the poor of the counties respectively in w^hich the same shall be received, subject to the disposition of the board of supervisors of each county, excepting that the monies so received and collected in the city of Hudson, shall be paid ^ " ^°°' over to the benefit of the Hudson Lancaster school ; and the monies so collected and received from granting licenses to venders in the first four wards of the city of Troy, shall be Troy, paid over to the trustees of the first school district in that city, to be by them applied to the support of a high school on the monitorial plan, and to be accounted for as other school mo- nies that shall come into their hands ; and the monies so col- lected from the venders of lottery tickets in the village of Lansingburgh, shall be paid over by the treasurer of the county of Rennselaer to the trustees of the Lansingburgh Lansingburgh. monitorial school, to be applied to the use of the said school. (85) § 49. If any licensed vender of lottery tickets shall be con- forSdr&c. *" victed of any of the offences specified in this Article, his li- cense shall, by such conviction, become forfeited, and be held absolutely null and void ; and such person shall for ever thereafter be debarred from receiving any license to vend lottery tickets in this state ; but no such forfeiture of any li- cense shall prevent the prosecution of the bond given by such vender to obtain such license, nor shall such conviction and forfeiture bar any suit or recovery upon any such bond. § 50. The agents of the institutions or corporations for ticSmaybraf- whose benefit lotteries have been granted by any law of this videdinto shares. state, duly appointed by them, to conduct such lotteries, and the persons who have purchased such lotteries from said in- (85) Laws of 182B, p. 100 ; ib. p. 172. 444 LOTTERIES. I stitutions or corporations, rtnay divide any tickets in any sucn lotteries into shares, and may issue certificates of such shares, which shall bo subscribed by the agents of the said institu- tions or corporations, or by the said purchasers or by their Li«t thereof to be agcuts, for that purposc appointed. Before issuing such cer- tificates, a complete list thereof, exhibiting the register and combination numbers thereof, duly certified to be true and correct, by the persons intending to issue the same, shall be filed in the office of the secretary of state. The said list, or a duly certified copy thereof, shall be evidence in all courts. Penalty for sell- § 51. No pcrsoH shall, within this state, sell any share or ei\htLi9aof ucl- part of a ticket in any lottery whatsoever, other than the cer- tificates of shares issued in conformity to the preceding sec- tion ; nor shall any person give any writing or certificate that the bearer, or any person, shall be entitled to any share or part of any prize which may be drawn in any lottery whatever, except the certificates issued according to the pre- ceding section ; whoever shall offend against these provisions, or either of them, shall be deemed guilty of a misdemeanor, and on conviction shall be liable to a fine not exceeding one hundred dollars, and to imprisonment not exceeding three calendar months, or to both, in the discretion of the court. feSftS ^Undei ^ ^^* ^^ ^^^^^ ^^^ ^^ ncccssary in the trial of any suit or thii Article. prosccution Under the provisions of this Article, to prove the existence of any lottery in which any ticket, share 'or part of a ticket purports to have been issued, or the actual signing of any such ticket, or share, or of any pretended ticket or share, of any pretended lottery; nor that any ticket, share, or inter- est, was signed or issued by the authority of any manager, or of any person assuming to have authority as manager ; but in all cases, proof of the sale, furnishing, bartering or procur- ing of any ticket, share or interest therein, or of any instru- ment, purporting to be a ticket, or part or share of any ticket, shall be conclusive evidence that such ticket, share or in- terest was signed and issued according to the purport thereof. • tJy\feSt^!^T § ^3. If any person shall falsely make, alter, forge or counterfeit, or cause or procure to be felsely made, altered, LUNATICS— SAFE KEEPING OF. 445 forged or counterfeited, or willinging act or assist in the false making, altering, forging or counterfeiting any ticket of any lottery, or other game or device of chance, or any share or interest, or any certificate of any share or interest in any ticket of any lottery, or other game or device of chance, with intent to defraud any person or body corporate whatsoever, or shall utter or publish as true, or shall sell or exchange, or offer for sale or exchange, any false, altered, forged or counterfeited ticket of any lottery, or other game, or of any share or interest, or of any device of chance, or certificate of any share or interest in any ticket of any lottery^ with intention to defraud any person or body politic or cor- porate w^hatsoever, knowing the same to be false, altered, forged or counterfeited, then any such person being thereof convicted, shall be subject to imprisonment as prescribed by law. § 54. It shall be the duty of the presiding judge of every Grand juries to court of oyer and terminer, and every court of general ses- JpccungThil Ar- sions of the peace, specially to charge every grand jury to *'*^'^" inquire into all violations of the law^s against lotteries, and againsMhe unlawful selling of tickets in lotteries. liUi^ATICS-Saie keeping of. Revised Statutes, Vol 1, p, 633. TITLrE III. OP THE SAFE KEEPING AND CARE OF LITNATICS. Sbct. 1. Committees ofa lunatic having property, to confine and maintain him. 2. If be has not property, certain relatives to confine and support him. 3. Powers of overseers of poor to compel relatives of lunatic to confine him.&c. 4. Lunatics how to be secured and where confined. 6. Duty of overseers to procure suitable place for confining lunatics. 6. When lunatics may be confined in jails ; but not as disorderly persons. 7. Not to be confined with criminals, nor more than four weeks in a jail. 8. Two justices may apprehend lunatic without application of overseers. 9. Superintendents and overseers may send lunatics to asylum in New- York. 10. Expense thereof and of maintaining lunatic, how defrayed. 11. Penalty for confining lunatics otherwise than as herein directed. 12. Powers of chancellor respecting lunatics, not to be aflfected by this Title. 13. Proceedings to compel comniittees-of a lunatic to confine and support him. 14. County superintendents to have the same powers as overseers. § 1. When any person, by lunacy or otherwise, becomes Lunatics having furiously mad, or so far disordered in his senses as to endan- ionS, i". by ger his own person, or the person or property of others, if licr **""'""' 446 LUNATICS— SAFE keeping of. permitted to go at large, who is possessed of sufficient pro- perty to maintain himself, it shall be the duty of the commit- tee of his person and estate, to provide a suitable place for the confinement of such person, and to confine and maintain him in such manner as shall be approved by the overseers of the poor of the city or town. Not having pro- § 2. If such Dcrson is not possessed of sufficient property ' perty, to be con- ^ ^ r i j flned, &c. by cer- to maintain himself, it shall be the duty of the father and tarn relatives; -' mother, and the children of such person, being of sufficient ability, to provide a suita])le place for his confinement, and to confine and maintain him in such manner as shall be ap- ^ proved by the overseers of the poor of the city or town. (27) Duty, how en- ^ ^* ^^^ ovcrsccrs of the poor shall have the same reme- forced. ^[q^ ^q compel such relatives to confine and maintain such lunatic or mad person, and to collect the costs and charges of his confinement, as are given by law in the case of poor and impotent persons becoming chargeable to any town. (27) LunatiM, hoTT § 4. In casc of the refusal or neglect of any committee of ■ecured. ^^^^ luuatic or mad person, or of his relatives, to confine and maintain such person as aforesaid ; or when there is no such committee or relative of sufficient ability ; it shall be the duty of the overseers of the poor of the city or town where any lunatic or mad person shall be found, to apply to any two justices of the peace of the same city or town, who, upon being satisfied upon examination, that it would be dan- gerous to permit such lunatic to go at large, shall issue their warrant directed to the constables and overseers of the poor of such city or town, commanding them to cause such lunatic or mad person to be apprehended, and to be safely locked up and confined in such secure place as may be provided by the overseers of the poor, to whom the same shall be direct- ed, within the town or city of which such overseers may be officers, or within the county in which such city or town may be situated, or in the county poor-house in those counties where such houses are established, or in the lunatic asylum in the city of New- York. (28) (27) Laws of 1827, p. 31?, ^ 5. (?«) lb. ^ 1, and 1 K. L. 116, ^ 6. LUNATICS CONFINEMENT AND REMOVAL OF. 447 § 5. It shall be the duty of the overseers of the poor to J^'^JJ ''^ *'^*'- whom such warrant shall be directed, to procure a suitable place for the confinement of such lunatic as therein directed, pursuant to the preceding section. (29) § 6. No person who, by reason of lunacy or otherwise, is How and when r • ^ r -!• 1 i • i • • i lunatics may bo furiously mad, or so far disordered in his mind as to be dan- confined in jaiii. gerous if permitted to go at large, shall be committed as a dis- orderly person, to any prison, jail, house of correction, or confined therein, unless an agreement shall have been made for that purpose with the keepers thereof; or in any other way than as is herein directed. (30) § 7, No such lunatic or mad person, or person disordered in what manner , . 1 n 1 n 1 • ^ • i and for what tini> in nis senses, shall be confined in the same room with any to be confined. person charged with or convicted of any crime ; nor shall such person be confined in any jail more than four wrecks, and if he continue furiously mad or dangerous, he shall be sent to the asylum in New- York, or to the county poor-house or alms-house, or other place provided for the reception of lunatics, by the county superintendents. (31) § 8. Any two justices of the peace of the city or town rowers of twa where any such lunatic or mad person shall be found, may, inSmiticsr^'^ without the application of any overseers of the poor, and upon • their own view, or upon the information or oath of others, whenever they may deem it necessary, issue their warrant for the apprehension and confinement of such lunatic or mad person, as aforesaid. (32) § 9. The county superintendents of .the poor of anv county. Lunatics may J r ^1 r ", . -, besenttoN. y. and any overseers of the poor of any town, to which any asyium. person shall be chargeable, who shall be or become a lunatic, may send such person to the lunatic asylum in the city of New- York, by an order under their hands. § 10. The expense of sending any lunatic to the asylum at Expense thereof, New- York, and of supporting him there, shall be defrayed by Blpport""""''''* ' the county or town to which he may be chargeable; if chargeable to a county, or to any town whose poor monies (59) Laws of 1827, p. 319, sec. 1. (30) Laws of 1827, p. 319, sec. 4. (31) lb. sec. 2 &. 3. (32) 1 R. L. 116, 8CC. 6. 448 LUNATICa-HSAFE KEEPIltG OF. are required to be paid info the county treasury, such ex- pense shall be paid by the county treasurer, out of the funds appropriated to the support of the poor belonging to such county or town, after being allowed and certified by the county superintendents. If such lunatic be chargeable to a town, whose poor monies are not required to be paid into the county treasury, such expense shall be paid by the over- seers of the poor thereof. Penalty for con- § 1 1. Auv overscer of the poor, constable, keeper of a iail, fiuing luualiw, ' • , u ii x: i i • i tc. or other person, who shall confine any such lunatic or mad person, in any other manner or in any other place than such as are herein prescribed, shall be deemed guilty of a misde- meanor ; and on conviction, shall be liable to a fine not ex- ceeding two hundred and filty dollars, or to imprisonment not exceeding one year, or to both, in the discretion of the court before which the conviction shall be had. (31) Powers of Chan- § l^' Nonc of the forcgoing provisions shall be deemed to fmed!*' ^^'^^' restrain or abridge the power and authority of the chancellor, concerning the safe-keeping of any lunatics, or the charge of their persons or estates. (32) commitiecBofa ^13. Thc oversccrs of the poor of any city or town shall luiialic, how to * _ i coMfine hiin, &c. Jiavc the samc remedies to compel the committee of the es- tate of any lunatic to confine and maintain such lunatic or mad person, and to collect of such committee the costs and charges of his confinement and support, as are given in the preceding sections against the relatives of such lunatic. And the court of general sessions of the peace of the city or county, shall make orders against such committee personally, and enforce them in the same manner as against the rela- tives of any poor person, so long as such committee hath any property in his hands for the support of such lunatic. Powers of county § 14. The county Superintendents of the poor shall have supermiendents . ^^^ ^^^ powcrs and authority herein given to overseers of the poor of any town'. (31) Laws of 1827, p. 319, sec. 4. (32) 1 R. L. 1L6, sec. 6. MAP OR PLAN OF NEW- YORK. 44» MAP OR PLAN OF XEW YORK- [Thirtieth Session, Vol 5, W. <^ S. 124.] CHAP. CXV. 1. New York city— commissioners of streets and roads appointed. J. T8«aB«7 is how filled. HB. Act declared public, and to be favourably construed. 1. Commissioners of streets, &c. appointed. 3. Qualifications required in futar* appointment)*. 6. ■■ their powers. 7. Regulated. 1. 6. Within what period, and limits to be exercised. 13. prohibited from purchasing property by them regulated. 14. to take an oath. 26. their compensation. 27. Powers when to cease. 8. Lands, ice. commissioners may enter upon. 31. Low- water mark, certain lands below, \'ested in the corpora'lon. — .12. With provUo. 9. Mapsof streets, &c. three to be made. — 10. How authenticated. — 11. Where filed. 12. Monuments to be erected. 15. Plans, surveys and mapsof streets, made by commissioners, to be final and concluiiT* 30. Slips, basins, &c. recital respecting the regulation of 29. Suits instituted under this act, defendants in, may plead the general issue. 33. Commissioners' remarks. AN ACT relative to Improvements, touching the laying out of Streets and Roads in the City of New-York, and for other purposes. Passed April 3, 1807. I. Be it enacted by the People of the State of New-York, re- 1 . presented in Senate and Assembly, That Governeur Morris, Simeon De Witt and John Rutherford be and they are here- by appointed commissioners of streets and roads in the city of New- York, for the purpose of performing the several acts and duties hereinafter prescribed. II. And be it further enacted, That in case of the death, 2' resignation or refusal to act. of any of the said com.mission- ers, it shall and may be lawful for the mayor, aMermen and commonalty of the city of New- York, in common council convened, as often as such event shall happen, to appoint and commission a suitable person in the place of such com- missioner so dying, resigning or refusing to act, who shall have all the power and authority vested in a commissoner by this act: Provided, That such person, so to be appointed by ^ the common council, shall be a citizen of the United States, and shall not be a proprietor of nor interested in any land in 57 450 MAP OR PLAN OF NEW-YORK. either of the sixth, seventh, eighth or ninth wards of the said city of New- York. 4. • III. And he it further enacted, That the powers and du- ties hereby given to the said commissioners shall be exer- cised and discharged by the Said commissioners within four years from the passing, of this act, and not after. 5. IV. And he it further enacted. That it shall and may be lawful to and for the said commissioners, or any two of them, and they shall have and possess exclusive power to lay out streets, roads and public squares of such width, extent and direction as to them shall seem most conducive to public good, and to shut up or direct to be shut up any streets or parts thereof which have been heretofore laid out, and not 6. excepted by the common council of the said city, within that part of the said city of New- York to the northward of a line commencing at the wharf of George Clinton, on Hudson river, thence running through Fitzroy road, Greenwich- lane and Art-street to the Bowery road; thence down the Bowery road to North-street; thence through North- street, in its present direction to the East river ; and no square or plot of ground, made by the intersection of any streets to be laid out by' the said commissioners, shall ever, after the streets around the same shall be opened, be or remain divided by any public or open lane, alley, street, 7 or thoroughfare ; and it shall be the duty of the said com- missioners to lay out the leading streets and great avenues, by them to be laid out, of a width not less than sixty feet, and in general to lay out said streets, roads and public squares of such ample width as they may deem sufficient to secure a free and abundant circulation of air among said strefets and public squares when the same shall be^ built upon ; and said commissioners, fehall not, in any case, lay out any street of less than fifty feel in width. 8 V. And he it further enacted, That it shall and may be lawful to and for the said commissioners, and for all persons acting under their authority, to enter, in the day time, into and upon any lands, tenements or hereditaments which they shall deem necessary to be surveyed, used or converted for the laying out, opening and forming of any street or road as MAP OR PLAN OF NEW-YORK. 451 aforesaid : and that the said commissioners, or any two of 9. them, shall cause three similar maps of such streets and roads, so to be laid out. by them as aforesaid, and of the shores bounding the lands by them surveyed, to be made upon an extensive scale, accompianied with such field notes and elucidatory remarks as the nature of the subject may require; which maps, accompanied by such field notes and lo. remarks, shall be attested to by the said commissioners, or any two of them, before any person authorized to take acknowledgments of deeds and conveyances, and be filed one in the office of the secretary of state, to remain of 11, record, one other to be filed in the office of the clerk, of the city and county of New- York, to remain of record, and the other of said maps to belong to the mayor, aldermen and commonalty of the city, of New- York ; and that the said 12, commissioners shall erect suitable and durable monuments at the most conspicuous angles, or those w^hich shall be the most eligible for that purpose, and upon the shores of the North and East rivers, to be noted on said maps ; and that the said commissioners shall take the elevations of the seve- ral intersections or squares above high water mark withia the boundaries aforesaid, or so many of them as they may think sufficient, and shall delineate them, together with all such hills, vallies, inlets and streams as may be necessary on the said maps, so as to render the same explicit and in- telligible. VI. And be it further enactedy That it shall not be lawful ^^• for either of said commissioners during the time he shall be in office, directly or indirectly, to purchase or contract for any lands, tenements or hereditaments in that part of the city of New- York to be laid out and regulated as aforesaid, and that every deed, contract or conveyance contrary to the intent hereof shall be utterly void. § VII. And be it further enacted, That before the said com- 14, missioners enter upon the duties of their appointment, they shall severally take and subscribe an oath before the mayor or recorder of the city of New- York, faithfully and impartially to ex.ecute the duties of their said appointment. 4bt MAP OR PLAN OF NEW- YORK. 15. J VIII. And be it further enacted, That the plans and sur- veys of the said commissioners, or any two of them,' in respect to the laying out of streets and roads within the boundaries aforesaid, and the maps of the same, so to be made by them, or any two of them, as aforesaid, shall be final and conclu- sive, as well in respect to the said mayor, aldermen and com- monalty, as in respect to the owners and occupants of lands, tenem^ents and hereditaments within the boundaries aforesaid, and in respect to all other persons whomsoever. 16. 17. § IX. This and the two following sections are repealed; 5 W. p. 523, § 4. 28. § XII. And be it further enacted, That each of the said com^ missioners shall be entitled to receive the sum of not more than four dollars, (besides all reasonable expenses for maps, field notes, monuments, chain bearers and assistants) for each day they shall respectively be actually employed in the du- ties hereby assigned to them, the same to be paid by the mayor, aldermen and commonalty of the city of New-York, 27. and assessed as aforesaid ; and that the powers of the said commissioners shall cease when they shall have completed the maps aforesaid, with the field books and remarks afore- said, and^delivered, attested to, and filed the same respec- tively as aforesaid ; and that in case of the death of one of the said commissioners, the survivors shall have power to proceed in the execution of this act, until a successor of the deceased shall be appointed. 25, § XIII. And be it further enacted, That this act shall be considered, adjudged and taken to be a public act, and be liberally expounded and construed to advance the ends thereof. 29. § XIV. And be it further enacted, That if any person shall be sued for any thing done in pursuance of this act, it shall be lawful for such person to plead the general issue, and to give this act and the special matter of defence in evidence under such plea. SO. § XV. And whereas, for the purpose of duly regulating and tonstruetin§; slips and basins, and for running out wharves MAP OR PLAN OF NEW-YORK. 451 and piers, it is essential that the right to the land under water, below low-water mark, should be vested in the corporation of the city of New- York. Be it therefore further enacted j 81. That it shall and may be law^ful for the commissioners of the land-office, and they are hereby directed to issue letters pa- tent, granting to the mayor, aldermen and commonalty of the city of New- York, and their successors for ever, all the right and title of the people of this state, to the lands covered with water, along the easterly shore of the North or Hudson's river, contiguous to and adjoining the lands of the said mayor, aldermen and commonalty, within the said city of New- York, at and from low- water mark, and running four hun- dred feet into the said river from Bestaver s killetjie or river, to the distance of four miles to the north along the easterly shore of the said North or Hudson's river ; and also all the land covered with water, along the westerly shore of the East- river or sound, contiguous to and adjoining the lands of the said mayor, aldermen and commonalty, at and from low- water mark, and extending four hundred feet into the said river or sound, from the north sideof Corlear's Hook, at the northerly boundary of the lands covered with water, whereof the said mayor, aldermen and commonalty are now seised, to the dis- tance of two miles to the north, along the westerly shore of the said East river or sound : Promded always. That the pro- 32. prietor or proprietors of the lands adjacent, shall have the pre- emptive right in all grants made by the corporation of the said city, or of any lands under water granted to the said corporation by this act. The time of filing the maps mentioned in the fifth and ninth sections, was \st oi April, 1811. The provisions rela- tive to Commissioners of Assessment contained in the ninth section, are superseded by the provisions contained in the act of 1813, entitled, " An Act to reduce several Laws relatintr particularly to the City of New-York, into one act," It has also been deemed of importance to insert the Com- missioners' Remarks in this place. 454 * MAP OR PLAN OF NEW- YORK. S3. C02^i:.-.i.£i^^02^EaS^ hemakss. The Commissicncrs appointed in and by the Act, according to the form and efTect thereof^ remark on their maps, as filed, viz. one in the ofiice of the Secretaiy of State, one in the office- of the Clerk of the City and County of New-York, and the other btlenging to the Mayor,. Aldermen, and Commonalty of the Cify cf New- York, — That as soon as they eould nicety and take the oath prescribed, tliey entered' on the duties; of their office, and employed persons to make surreys of Manhattan Island, which they per- sonally reconnoitered, so as to acquire the general information needful to the correct prose- cution of their work, which has been much dt'layedby the'difficuliy of procuring competent persons, on those economical terms wliich they prescribed to themselves, and by season* peculiarly unfavourable. That one of the first objects which clainjed their attention, was the form and manner id which the business should be conducted ; that is to say, whether tkey should confine tliem- selves to rectilinear and rectangular streets, or whether they should adopt some of those supposed improvements, by circles, ovals, and stars, which certainly embellish a plan, what- ever may be their efiects a-j to convenience and utility. In considering, that subject, they could not but bear in mind that a city is to be composed prhicipallyof the habitations of men, and that straight sided and right-angled houses are the most cheap, to build, and the most convenient to live in. The effect of these plain and simple reflections wlxs decisive. Having determined, therefore, that the work should in general be rectangular, a second^ and, in their opinion, an important consideration, was to amalgamate it with the plans- already adopted by individuals so as not to make any imporfant change in their dispositions. This, if it could have been efiected consistently with the public interest, was desirable, not only as it might render the work more generally acceptable, but also as it might be the meana of avoiding expense- It was, tbereifore, a favourite objec^t with the Commissior^rs, and pur- sued until after various unfruitful attempts had proved the extreme difficulty ; nor was it abandoned at last but from necessity. To show the obstacles which frustrated e^•ery etfort, can be of no use. It will, perhaps, be more satisfactory to each person who may feel ag grieved, to ask himself, whether his sensations would not have been still more unpleasant^ had his favorite plans been sacrificed to preserve those of a more fortunate neighbour 1 If it should be asked, why was the present plan adopted in preference to any other 1 The- answer is, because, after taking all circumstances into consideration, it appeared to be tlie.- best ; or, in other and more proper terms, attended v^ith the least inconvenience. It may to many be matter of surprise, that so few vacant ^aces have Been left, and tho.''e- BO small, for the benefit of fresh air, and consequent preservation of health, Certainly, if the- city of New-York were destined to stand on the side of a small stream, such as the Seine oi the Thames, a groat number of ample places might be needful ; but those large arms of the- sea which embrace Manhattan Island, reiKler its situation, in regard to health and pleasure., as well as to convenience of commerce, peculiarly felicitous; v\hen, th«refore, from the same- causes, the price of land is so uncommoaly great, it seemed proper to admit the principles or economy to greater in^uence than might, under circumstances of a different kind, have con- sisted with tlie dictates of prudence and the sense of duty. It appeared proper, nererthele&s, to select and set apart, on an elevated position, a space- sufficient for a large reservoir, when it shall be found needful to furnish the city, by means ef aqueducts, or by the aid of hydraulic machinery, v/ith a copious supply of pure and whole- some water. In the meantime, and indeed afterwards, the same place may be consecrated, to the purposes of science, when public spirit shaJl dictate the building of an observatory. It did not appear proper, only it was felt to be indispensable, that a mnth larger space should be set apart for military exercise, as a'-.o to assemble, in rase of need, the force des- tined to defend the city. The quj-stion, thereforp, was not, and could not be, whether ibam; jdiould be a Grand Parade, but where it should be placed, and what should be its size. And. MAP OR PLAN OF NEW- YORK. ^^5 here again it is to be lamented, that in this late day the Parade could not be l.rcught lutthel Bouth, and made larger than it is, without incurring a frightful expense. The spot nearest to that part of the City already built, which could be selected with any regard to economy, is at the foot of those heights called Inkiangberk, in the vicinity of Kip's V Bay. That it is too remote and too small, shall not be denied ; but it is presumed, that tiiose who may be inclined to criticism on that score, may feel somewhat mollin^^d when tlie Collector shall call for their proportion of tlie large and immediate tax wliich even thia small and remote Parade will require. Another large space, almost as necessarj' as the last, is that which in no distant period will be required for a Public JIarket. The Ciiy of New- York contains a populaticm already sufficient to place it in the rank of cities of the second order, and is rapidly advancing to- wards a level with the first. It is perhaps no unreasonable conjecture, tha*t in half a cen- tury it will be closely built up to the norihtrn boundary of the Parade, and contain 400,000 fiouls. The controlling power of necessity will long before that period have taught its inha- bitants the advantage of deriving their supplies of butcher's meat, poultry, fish, game, vege- tables, and fruit, from shops in the neighbourhood. The dealers in those articles will also find it convenient, and so will those from r/hom they^ purchase, to meet at one general mart. This has a tendency to fix and equalize prices over the whole city. The carcass butcher, gardener, farmer, otc. will be able to calculate, with tolerable accuracy, on tlie rate at which the supplies he furnishes can be vended, and the reasonable profit of the retailer being addedi will give a price for the consumer ; varying rather by the quality of the article than by any other circumstance. It is no trifling consideration, that by this mode of supplying the wants of large cities, there is a great saving of time and of the articks consumed. To a person engaged in profitable businfss, one hour spent in market is frequently worth more than the whole of what he purchases, and he is sometimes obliged to purchase a larger quantity than he has occasion to use, so that the surplus is wasted. Moreover, the time spent by those who bring articles of small value from the countrj^, in retailing them out, bears such great proportionto the articles themselves, as to increase the price beyond what it ought to be — In fchort, experience having demonstrated to every great aggregation of mankind the cxpe- diencyofeuch arrangement, it is reasonable to conclude that it will be adopted hereafter, and therefore it is proper to provide for it now. Neither is it wholly unwortiiy of conside- ration, that the establishment of a general mart will leave open the spaces now appropriat- ed to that object, in parts of the city, more closely built than is perfectly consistent witJi cleanliness and health. The pluce selected for this purpose is a salt marsh, and from that circumstance, of inferior price, though in regard to its destination, of greater value than other soil. The matter dug from a large canal through the middle, for the admission of market boats, will give a due elevation and solidity to the sides, and in a space of more than 3000 feet long, and upwards of 800 wide, there will, it is presumed, after deducting what is needful for the Canal and Markets, be suflicient room for carls and wagons, without incom- moding those whose business or curiosity may induce thcra to uttcnd it. To some it may be matter of surprise that the whole Isltind has not been laid out as a City; toothers it may be a subject of merriment, that the Commissioners have provided space for a greater population than is collected at any spot on this side of China. They have in this respect been governed by the shape of the ground. It is not improbable that considerable numbers may be collected at Haorlem, before the high hills to the southward of it shall be built upon as a city; and it is improbable that (for centuries to come) the grounds north of Hacrlfm Flat will be covered with houses. To have corne short of the " extent laid out, might therefore have defeated just expectation, nnd to have gone further might have furnished materials to the pernicious spirit of speculation. For the better understanding of the Map, it will be proper to recollect, in examining it, that the term .Avenue is applied to all those streets which run in a northerly direction, paral- lel to each other ; these are 100 feet wide, ancj such of them as can be extended as far north as the village of Haerlcm are numbered, (beginning with the most ea.5tern, which passes from the west of Bellevue Hospital to the east of Haerlcm Church,) 1, 2, 3, 4, 5, G, 7, 8, 9, 10, 11, and 12. This last runs from ths wharf at Manhattanville nearly along the shore of Hudson's River, in which it is finally lost, as appears by the Map. The Avenues to the eastward of No. 1 are marked A, B, C, and D. The space between Ist and 2d is 650 feet, from 2d to 3d Avenue is^GlOfeet; the spaces from Od to 4th, 4ih to 5th, (which is Manliattan Avenue or Middle Road) and from the 5ih to 6th Avenue, are each 9-20 feet. The spaces west of No. 6 are each of them 800 feet. Tlic westtilv Fido oftlie Avenue A begins at the 45« MAP OR PLAN OF NEW- YORK. interBCctlon of the northerly side of North-atreet, by the westerly side of Essex street. The westerly side of the Avenue B begins on the nortfierly side of North-street, by the westerly •ide of Arundle street. The westerly side of the Avenue C begins at the intersection of the northerly side of North street, by the west side of Pitt-street ; and the westerly side of the Avenue D begins at the intersection at the northerly side of North-street, by the westerly Bide of Columbia-street. Those passages which run at right angles to the Avenues, are termed Streets, and are numbered consecutively from 1 to 155. The northerly side of i■ ^ -^ MAP OR PL^N OF NEW- YORK. 46ft the lands and tenements which shall be included in the blocks or plots of ground formed or to be formed by the extension of the several streets and avenues which by this act are di- rected to be extended as aforesaid, and the several and re- pToprreTo"rsfront? spective owners and proprietors of the lands and tenements lU^bJ u^nUeTand fronting on the Bowery, and which by the third section of SJ^wocks tw this act are directed to be united and connected with the '" '»^'^"o°ed. blocks or plots of around therein mentioned ; and the seve- over which , , . . /Ill Broadway would ral and respective owners and proprietors oi the lands over have run, Khaii which the said Broadway would have run, and which would have formed that street from Tenth-street to Twenty third- street, according to the map or plan of the said commission- ers, except as is excepted in the second section of this act, shall have, hold, occupy, possess and improve the same in the same manner that they would have been entitled to do, if the said commissioners had not included such lands and tene- ments in the said Market Place, Union Place and Broadway, but had laid out the said Market Place and the lands in the vicinity of the said Union Place, in the manner designated by this act. 15. § VI. And be it further enacted by the authority aforesaid, ^dasHlu^Zt That the public square or place called Market Place, and the streets and avenues which are in and by this act direct- ed to be extended and continued, shall be opened, and the damage and benefit estimated, assessed and paid in the same manner as the same would have been done if the said square or place, and the streets and avenues had been laid out by the said commissioners in the manner directed by this act. CHAP. CCLII. AN ACT authorizing certain Lands and Premises in the City of New-York to be opened as a Public Place, called Union Place, and for other purposes. Passed April 23, 1831. p. 306. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 16. § 1. All the lands in the city of New- York lying between the Bowery road, the Bloomingdale road and Fifteenth-street; 59 466 MAP OR PLAN OF NEW- YORK. also lying between Fourteenth-street, Fifteenth-street, the Bowery road and the Bloomingdale road ; also those parts of the Fourth avenue, as the same is laid out by the act entitled " An act making certain alterations in the map or plan of the city of New- York," passed April 11, 1815, which lie south- westerly of Fourteenth-street and Thirteenth-street, and easterly of the Bloomingdale road ; and also all the land ly- ing between the northwesterly line or side of the Fourth avenue and the Bloomingdale road, shall be deemed to be parts of a pubUc place, called Union Place, for the purpose of being opened as such public place according to law, the provisions of any existing law or laws, or the pendency of any proceeding or proceedings for opening any street or avenue to the contrary notwithstanding. § 2. All laws and parts of laws now in force relative to the opening or improving of streets in the city of New-York, shall apply to Stuyvesant-street, in the eleventh ward of the said city, in like xnanner as if the said street had been laid out by the commissioners of streets and roads in the city of New-York, under and by virtue of the act entitled " An act relative to improvements touching the laying out of streets and roads in the city of New- York, and for other purposes," passed April 3, 1807. CHAP. LXXXIX. AN ACT to make certain alterations in the Map or Plan of the City of New-York. Passed April 5, 1832. p. 153. The People of the State of New-York, represented in Senate and Assembly J do enact as follows : UnionPiace. 17. § 1. The public place known in the map or plan of the city of New- York, as Union Place, shall be altered and en- larged, so as to include within its boundaries all the lands and premises lying within the following lines, that is to say : beginning at the point where the easterly line of the Fourth Avenue, as the same is now laid down on the map or plan of the said city, intersects the southerly line of Fourteenth-street, MAP OR PLAN OF NEW- YORK. 467 and running ihence northerly along the easterly line of the said Fourth Avenue, to the northerly line of Seventeenth- street ; thence v^^esterly along the said northerly line of Seven- teenth-street to the westerly side of the Bloomingdale road ; thence southerly on a Hne running parallel with the easterly line of the Fourth Avenue, to the southerly line of Fourteenth- street ; and thence easterly along the southerly line of Four- teenth-street to the place of beginning, and no other lands or premises except those lying within the said boundaries shall hereafter be deemed as being part or parts of Union Place, in the said city, the provisions of any existing law or laws, or the pendency of any proceeding or proceedings for open- ing any street, avenue or public place in the said city, to the contrary notwithstanding. 18. § 2. The said Fourth Avenue shall terminate at the fourth Avenue, northerly line of Seventeenth-street, and shall not be continu- ed southerly of Union Place, as the same is above altered and described. CHAP. CI. AN ACT to alter the Map of the City of New-York, by lay- ing out thereon a new Street, in the Twelfth Ward of the said City, Passed April 10, 1832, p. 165. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 19. § 1. All that piece or parcel of land being seventy- five feet wide, lying in the twelfth ward of the city of New- York, and running between and parallel to the Third and Fourth avenues from the northerly line of Fourteenth-street to the northerly line of Thirtieth-street, (the easterly line or side of the said piece of land being four hundred and twenty feet distant westerly from the westerly line of the said Third avenue, and the westerly side thereof being four hundred and twenty-five feet distant easterly from the easterly line of the said Fourth avenue,) is hereby declared, for all legal pur- poses, to be one of the streets of the said city, in like man- ner as if the same had been laid out by the commissioners appointed in and by the act of the legislature, entitled "An 468 ' MARKETS.— MARINE COURT. act relative to improvements touching the laying out of streets and roads in the city of New- York, and for other pur- poses," passed April 3d, 1807.* [Forty-Fiflh Session.] MARKETS. CHAP. CI. - J. Public Markets may be erected over the waters of East and North Rivers, AN ACT authorizing the erection of Public Markets in front of Public Wharves y in the City of New-Yoi^k. Passed March 22, 1822. Public mark^ets ^ I. Be it enacted by the People of the state of New -York, re- presented in Senate and Assembly, That it shall be lawful for the mayor, aldermen and commonalty of the city of New- York, in case they shall find it necessary, to cause public markets to be erected and kept over the waters of the East and North rivers adjoining to any of their docks or wharves Proviso. in the city of New- York : Provided, That such markets shall 'not interfere with the flow of the waters of the said rivers, nor be built over the same so as to occupy a distance exceeding one hundred feet from the lines of the city, as es- tablished by law on said rivers. MARINE COURT. Vide PUBLIC OFFICERS. [Revised Statutes, Vol. 2, p. 224.] § 1. The justices of the marine court of the city of New- York, are authorized and required to hold a court in the said city to be known by the name of " The Marine Court of the city of New-York."(l) § 5. The several courts enumerated in this Title, shall re- spectively possess the jurisdiction and powers, be held at the times and places, and proceed in the manner specially provided bylaw. — {Const. Article 4, § 14.) * See the act passed March 29, 1816, in relation to the erection of Fulton Market, and the act of March 14, 1817. These acts are of considerable length, and most of the sections have spent their force upon the subjects legislated upon, or have become obsolete. It was deemed unnecessary to insert them. (1) 2 R. L. p. 381, sect. 106. MARINE COURT— TRIAL by jury in. 469 MARINE COURT, TRIAL BY JURY IN. 1. When trial by jury may be demanded, and the jurors how drawn. •■• -^ 2. Sections 129 and 130 in act to amend, &;c. repealed. 3. Part of section 106 in act to amend, &c. repealed. 4. Section 101 in act to reduce, &c. repealed. AN ACT further to amend an Act, entitled " An Act to reduce several Laws, relating particularly to the City of New-York, into one Act" as far as relates to the Marine Court of the City of New-York. Passed April 12. 1822. 1. § 1. Beit enacted buthe People of the State of New-York, .when trial by ' J J. J .-' ■ jury may be d«- 1'epresented in Senate and Assemhly, That in every action sanded, brought and now pending, or hereafter to he brought in the said marine court, before the justices thereof, it shall be law- ful for either of the parties to the suit, or the attorney of either of them, after issue joined therein, and before an order has been made for an adjournment after joining such issue, and before the court shall proceed to inquire into the merits of the cause, to demand of the said court that such action shall be tried by a jury ; and it shall be the duty of the clerk of Duty of the cicrk the said court to procure, as 'often as occasion shall require, lists of the names of such persons residing in the several wards, of the city of New- York, (the ninth ward excepted,) as are qualified to serve as jurors, in the court of common pleas, for the city and county of New- York, and the names of the persons so qualified, residing in the first ward of the said city, shall be written on separate slips of paper, and put into a box under the direction of the said clerk, and the said clerk shall, once in every week, draw from the said box the jurors, how names of as many persons, not fewer than twenty, nor more "^^^"' than forty, as the said court shall order and direct ; and the names of the persons so drawn, shall be written on a panel, and directed and delivered to the proper officer, to be by him executed ; and the persons named in the said panel, shall be summoned by the said ofiicer to appear before the said court, on the Monday next after such delivery, and on the return thereof, the said clerk shall cause the names of the persons so qualified to be written on several and distinct pieces of paper, as nearly alike and of one size as may be, and rolled up, sepa- 470 MARINE COURT— TRIAL by jury in. • rately, as nearly as may be, in the same manner, and put together in a box or some convenient thing, and delivered to the said court ; and the persons so empannelled shall be bound, and they are by this act required to attend and serve as jurors in the said court, to try the several issues which shall be given them in charge, on the day of the return of the said panel, and on such other days, until, and including the Saturday next thereafter, as the said court shall, from time to time, require or order them to attend ; and the venires to be issued in causes in which issue shall be joined after the return of the said panel, and during the time which the said jurors are required to attend and serve as aforesaid, as well as the issues joined before the return thereof, shall be annex- ed to the said panel at such times as occasion shall require ; and on the trial of each of the said issues, the said court, or such indifferent persons as the said court shall appoint for that purpose, shall draw out twelve of the said pieces of pa- per, one after another, and if any of the persons whose names shall be so drawn, shall not appear, or shall be challenged and set aside, then such further number of the said jurors shall be drawn, as shall make up the number of twelve, who do appear, after all legal causes of challenge allowed; and the said twelve shall be the jury to try the issue ; and after all the names of the said persons 'residing in the first ward of the said city shall be drawn out of the box first above men- tioned, and the names of the persons qualified as aforesaid, and who shall or may reside in the second ward of the said city, shall in like manner be put in and drawn out of the said box first above mentioned, and then those of the third ward, and so on for the different wards of the said city until the names of all the persons mentioned in the aforesaid lists, shall be drawn, commencing again with the first ward. Sec 129 & 130 2. § 2. And he it further enacted, By the authority afore- repeaied. ^^^^ ^^^^^ ^^^ ^^^ hundred and twenty-ninth, and one hundred and thirtieth sections of the act hereby amended be and the same is hereby repealed. Part of sec 106 repealed. 3. § 3. And he it further enacted, That so much of the last provision of the one hundred and sixth section of the said act hereby amended, as relates to matters of account where the sum total of the accounts of both parties, exceeds in amount MARINE COURT— PRocEJtJDiNGs IX. 471 and value thereof, the sum of two hundred dollars, and so far as it relates to executors and administrators, be and it is here- by repealed. 4. § 4. And be it further enacted, That the one hundred see loi repealed and first section of " An act to reduce the several laws re- lating particularly to the city of New- York, into one act," passed April 9, one thousand eight hundred and thirteen, be and the same is hereby repealed. ["An act to prevent abuses in proceedings before justices of the peace',*^ passed April 7th, 1820, vol. 5, B. p. 140, whilst in force, applied to this court as well as to assistant justices and justices of the peace throughout the state, but the statute is repealed. See 3 R. S. p. 142, No. 301 ; the same provisions in substance are re-enacted in the Revised Statutes as to justices of the peace in other parts of the state, but do not apply to this city. The revisers could not have supposed that the act referred to applied to this city as well as to many other courts in the different cities, towns, villages, (Sec] * MARINE COURT, JURISDICTION OF, EXTENDED. J. One justice authorized to hold a court in New York. 2. A certain act not to apply to New-York, and powers of assistant justices. 3. Suits may be brought in a town, city, &c. next adjoining. 4. Warrant when to issue in certain cases. 5. Commencement of suit. CHAP. CCLXV. AN ACT modifying the act, entitled "An act to extend the Jurisdiction of Justices of the Peace, as it respects the City of New-York, and for other purposes." Passed April 21, 1818. I. § I. Be it enacted by the People of the State of New-York, one juetice au- represented in Senate and Assembly, That it shall and may be SJ'c^ourunN. y"' 472 . MARINE COURT— jurisdictiox\ of, extended. lawful for any one of the justices of the justices' court in and for the city and county of Ndlw- York, to hold the justices' court of the city of New- York, and shall have power to hear, try and determine all causes, and to make all rules and orders in any cause in the said court in the same manner as if two of the said justices were present. A certain act not 2. § II. And he it further enacted, That nothing contained to apply in N. Y. . , • i i i i • • t • r • and powers of as- m the act, entitled " an act to extend the jurisdiction oi lus- sistant justices. . ^ , m i n • rr i • • * tices 01 the peace, shall in any way atiect the justices court in and for the city of New- York: And further, that the assistant justices in the city of New-York shall have the like jurisdiction and powers, and receive the like fees as justices of the peace. (1) Suits maybe 3. § IV. And he it further enacted, That all actions brought Tc. 'adfoini^g' bcforc anyjusticcs of the peace by virtue of the act, entitled ^side^. ^""^^ " an act to extend the jurisdiction of justices of the peace," and the act, entitled " an act for the recovery of debts to the value of twenty-five dollars, may be brought in any town, village or city next adjoining, as well as that in which the plaintiff or defendants shall reside. (2) CHAP. CCLXIX. AN ACT relative to the Issuing of Process. Passed April 21, \S\8. Whereas an evil has grown out of the law making the issuing of process in all cases the commencement of the suit^ as it affords an opportunity for designing men to escape from the operations of justice under cover of the law : Therefore, ^sSceTtS 4. § I. Be it enacted by the People of the State of New-York, represented in Senate and Assembly, That in all cases where a summons shall be issued, if the defendant shall prove to the satisfaction of any justice of the peace, that he has a demand against the plaintiff, and that he is about to depart from the county, it shall be the duty of the said justice to issue a warrant directed to any constable of the county, (1) The 3d section does not apply, and is not in force. (2) This section may also be considered as uo longer in force in this city, (or elsewhere,) the acts therein referred to being repealed by the Revised Statutes. Preamble. to issue m certain cases MARINE COURT — ^jurisdiction or, extended, 473 commanding him to apprehend the said plaintiff and bring him forthwith before him for trial ; and said justice shall proceed to hear, try and determine such cause as if no such summons had been issued. §2. And be it further enacted, That in all cases where ^'^ir"'**"*" a warrant shall be issued, the suit shall not be considered as commenced until the actual service of such warrant.* CHAP. CCXLIX. AN ACT to amend an act, entitled " An act to reduce several laws relating paHicularly to the City of Neic-York, into one act," Passed Aprill 5, 1817. 5. Be it enacted by the People of the State of New-York, re- JuriFciiciion or presented in Senate and Assembly, That the justices' court of unded to»ioo. the city of New- York, shall have jurisdiction to hear, try and determine all actions of debt, detinue, account^ covenant, trespass on the case, and trespass, including trespass on any land or other real estate, wherein the sum or balance due or thing demanded, shall exceed twenty-five dollars, and not exceed one hundred dollars : And also, all actions and infor- mations upon any statute of this state, and upon the charter or any by-laws of the corporation of the said city, where the penalty or forfeiture shall exceed twenty-five dollars, and not exceed one hundred dollars ; any thing in the one hundred and sixth section of the act hereby amended to the contrary notwithstanding: Provided nevertheless, that nothing herein contained shall be construed to repeal or abolish any of the restrictions or limitations of the jurisdiction of the said justices* court prescribed by the proviso of the said one hundred and sixth section of the act hereby amended. Neither of the above acts are repealed, nor in the lists of act* not revi^icd. GO 474 MARINE COURT — proceedings against ships, &c. MARINE COURT, PROCEEDINGS AGAINST SHIPS AND VESSELS IN, 1. Act authorizing the arrest of ships and vessels extended. 2. Justices' Court to take cognizance. CHAP. LX. AN ACT to amend an act, entitled *' An act authorizing the arrest of Ships or Vessels for Debt contracted by the Master, Owner or Consignee, for and on acccount of such Ships or Vessels in this State" passed August 10, 1798, Passed February 28, 1817. th^e^'ar^resJof ves^ 1. § I. Be it enacted by the People of the State of New-York, 8ei8 extended, represented in Senate and Assembly, That the provisions of the act, entitled " an act authorizing the arrest of ships or ves- sels for debts contracted by the master, owner or consignee^ •for and on account of such ships or vessels in this state," be and the same is hereby extended to ships and vessels owned by persons resident within this state : Provided always. That in case the arrest of any ship or vessel, by virtue of the said recited act, and bond given pursuant to the fourth section thereof, the lien created by the said act, on such ship or ves- sel shall immediately cease : And provided alsoy That the said lien shall in no case endure beyond twelve days after such ship or vessel shall leave the port in which the same may have been so arrested. Justices' Court 2. § II. And be it further enacted. That the justices' court take cognizance = of the city of Ncw-York, shall have jurisdiction ^nd cogni- zance of matters contained in tliis act and the act hereby amended. MARINE COURT— STYLE op, changed. 47; MARINE COURT, STYLE OF, CHANGED. 1. Justices' Court in New- York to be called the Mariae Court: 2, Jurisdiction of Assiatant Justices restrained in certain caaw. CHAP. LXXL AN ACT to amend an act, entitled " An act to reduce several laws relating particularly to the City of New-York into one act,'' so far as relates to the Justices' Court in the said city. Passed March 26, 1819. 1. § I. Be it enacted by the People of the State of New-York, style of justice.' represented in Senate and Assembly, That the justices' court *^°""*^ *"^^ * in the city of New- York, having marine jurisdiction, shall be Called and known by the name of the Marine Court of the city of New- York; and the justices of the said court shall be called and known by the name of the justices of the Ma- rine Court of the city of New- York : Provided always. That the several persons now holding the said offices shall con- tinue to hold the same until others shall be appointed and commissioned in their stead, , 2. § II. And be it further enacted, That the assistant ius- Jurisdictioa u ' -^ . «ertain case^ t«- tices of the city of New- York, shall not have jurisdiction to ^''^ '"f"'" ^^Bisu I 11- -11 11 antjaatkes. hear and determme any actions to be brought by any seaman or mariner, or other person, belonging to any ship or vessel, for seaman's wages, particularly mentioned and specified in the one hundred and sixth section of the act hereby amended. 476 MARINE COURT. MARIIYE COURT. S«CT. 1. Justices' Court m the citj' and county of New- York. 2. Court wliere to be held, and its jurisdiction. _ 3. Court declared a court of record, and clerk appointed. 4. Court to be open daily. 5. Two justices to give judgment ; in case of sickness one may try cause. 6. Clerk to keep register of proceedings. 7. Process how tested, signed and sealed, and proceedings against joint debtors. 8. First process when by summons or warrant. 9. Form of summons. 10. Process how served. 11. Clerk to administer oath on issuing warrant. 13. Process by warrant. 13. Process by whom served. 14. Proceedings on' the arrest. 15. Clerk authorized in certain cases to take security for defendant's appearancr. 16 Security may be examined on oath. 17. Power of Justices' Court. 18. Court when to proceed to trial and judgment. 19. When defendant to give security on adjournment. M. Provision as to section 40 ; further provision. 21. When defendants must aet off their demands, and neglect of. 22. Proceedings in actions of trespass on pica of title. 23. Adjournments and security for. 54. Duty of officer on serving warrant. 25. Jurors', witnesses', and constables' oath. 26. Penalty on jurors and witnesses for non-attendance. 27. Judgment given against plaintiff in certain cases. 28. When plaintiff shall-recover costs. 29. 30, 31. E.Tecution, when, how, and in what manner issued. *2. Register of justices' court legal evidence. 33. Justices' powers as conservators of the peace, &c. 34. Justices', jurors', constables', and marshals' fees. 35. Debt, damages, and costs to be endorsed on the execution. 36. Constables and marshals in what rases prohibited from serving process. 37. Certiorari how obtained, and effect of; cost on, &c. 38. Attornies liable to suit as other persons. 39. Clerk and constable! to give bond*, and proceedings upon them. 41. Suits for penalties how commenced, and execution how to issue. Justices' court in 1. § CV. And he it further enacted, That it shall and may and for the city , , ^ , ^ , , . . . , *^^ ofNew-York. f bu lawful 101' tliG pei'soii admmistcrin2: the government of By the act of 26th ,- . ^ , . , i • , , i • March, 1819, the this State lor the time bein"^, by and with the advice and con- ■tyle of the court -i r . r. i is changed to gent 01 the council of appointment, from time to time, to ap- "The Marme . . ^ ^ ^ <'purt of the city point and commission three proper and discreet persons, to be called and known by the name of justices of the justices' * court, in and for the city and county of New- York, which said justices shall hold their offices during the pleasure of the said council; and that the said commissions shall issue once at least in every three years: Provided always, That the several persons now holding the said offices, shall continue to hold the same until others shall be appointed and commissioned in their stead. MARINE COURT. 477 2. § GVI. And he it further enacted, That the said three where to be held justices, or any two of them, shall have power and authority, and they are hereby authorized and required to hold a court at the city-hall of the city of New- York, and in case of sick- ness or epidemic disease, or any other casualty, at such other place in the said city, as the mayor, aldermen and common- alty of the said city, in common council convened, may di- rect ; which said court shall be called and known by the name of the justices' court of the city of New- York ; and shall Jurisdiction, have jurisdiction to hear, try and determine all actions of debt, detinue, account, covenant, trespass on the case, and trespass including trespass on any land or other real estate, wherein the sum or balance due, or thing demanded, shall exceed twenty-five dollars,' and not exceed fifty dollars : And also, all actions and informations upon any statute of this state, and upon the charter or any by-law of the corpo- ration of the said city, where the penalty or forfeiture shall exceed twenty-five dollars, and not exceed fifty dollars as aforesaid : And also, all actions to be brought bv any seaman soo the act of . ,1.^1. , April 15, 1817, or mariner, or other person bclonf]:in2,ante,whcre- 01 the non-periormance or breach 01 any agreement or con- hy jurisdiction is . piven to examine tract made by such seamen or mariner, or other person, with matters of acct. •^ 1 r . to an unlimited the said owner or owners, master or commander, for services amount, and auo of suits by and or compensation for services on board of any ship or vessel, apainstexeVutor. ^ J 1 ' fi„(l administra- during any voyage performed, or in part performed by such ^'^^^ ship or vessel, notwithstanding such wages, compensation or damages, shall exceed fifty dollars ; and the said court shall also have cognizance and power to hear, try and de- termine all actions to be brought by any owner or owners, master or commander of any ship or vessel, in any mer- chant service, against any seaman or mariner, or other per- son belonging to such ship or vessel, for or by reason of the non-performance of any agreement or contract made by such seaman or mariner, or other person, with such owner or owners, master or commander of any such ship or vessel, for services to be performed by him as a seaman or mariner, or otherwise, on board such ship or vessel, for any voyage performed wholly or in part, or intended to be performed, "notwithstanding the damages sustained, or sum of money demanded by reason of the non-performance of such agree- ment or contract, shall exceed fifty dollars: And also, all 478 MARINE COURT. actions for assault and battery, oV false imprisonment, done or committed by any master or commander of any ship or vessel, in any merchant service, upon any officer, seaman or mariner, or other person "on board of, or belonging to, such ship or vessel on the high seas, or in any foreign port or place where such ship or vessel may then be, of which the ordinary courts of law of this state, now have cognizance ; and all actions for assault and battery or false imprisonment, done or committed by any officer of any such ship. or vessel, upon any seaman or mariner, or other person on board of or belonging to such ship or vessel, or by any seaman or ma- riner, or other person on board of, or belonging to such ship or vessel, upon the master, commander, or other officers thereof, or by one seaman or mariner, or other person on board of or belongLng to such ship or vessel upon another seaman or mariner, or other persons on board of or belonging to such ship or vessel upon the high seas, or in any foreign port or place where such ship or vessel may then be, of which the ordinary courts of law of this state now have cognizance, notwithstanding the damages sustained or demanded by rea- son tjiereof, shall qxceed fifty dollars ; and for the purpose of hearing, trying and determining all such actions as are hereby made cognizable before the same court, such court is hereby vested with all such power or authority as is vested in other courts of record in this state, and is hereby made Causes of whirl! aud Constituted a court of record: Provided ahcai/s, That shall not have ju- uothiug herein contained shall be construed to give the said risdiclion. ^ ^ . , This scctiom is court powcr to procecd m any of the matters aforesaid, as a repealed so far as r ^ - \ • • . . ,. . it relates to cxe- court of admiraltv, or maritime iurisdiction ; nor shall the cutors and ad- . ' -^ • ministrators, and authority of tlic said court cxtcud to any debt or demand, matters of acct. •' . -^ i-ir where the sum for any moucy or thini? won at or by means of any kind of total of both par- . . "^ ° , , , , -^ in" tics exceed $200 joramiug, play Or wa^^cr, althousrh the same shall not exceed by act of April o o» 1 J o ' & 12, 1822. ante, the sum or valuc of fifty dollors ; nor to any action wherein the people of this state shall be concerned, or where the title of any lands shall in any wise come in question, except actions of trespass on land or other real estate ; or to any action of assault and battery, or false imprisonment, other than those committed on the high seas, or in a foreign port, as is herein before particularly specified ; nor to matters of account where the sum total of the accounts of both parties exceeds in the amount or value thereof, the sum of two hundred dol- lars, and those accounts proved to the satisfaction of the court, nor to any action to be brought by or against any exe- MARINE COURT. 479 cutor or administrator, for any debt or demand due to or from the estate of any testator or intestate. 3. 6 CVII. And he it furtJier enacted, That the said court Justices' conn ^ ^ ^ ^ declared a court so to be holden by the said justices, shall, be and is hereby of record. declared to be a court of record ; and shall have a seal to be devised and directed by the justices thereof, and shall have cicrk to ue ap- a clerk to be appointed and removable at the pleasure of the said justices, or a majority of them ; which said clerk so to be appointed, shall be paid by the said justices ; and shall take an oath before the said justices in open court, faithfully and honestly to discharge the duties of his office. 4. § CVIII. And be it further enacted, That the said court, court to be open ... daily. SO to be holden before the said justices, shall be open every day at seasonable hours, except Sundays, the fourth day of July, the twenty-fifth day of November, the twenty-fifth day of December, and the first day of January, in every year. 5. § CIX. And be it further enacted. That no judgment NojudpniontRiv- shall be given, nor any rule or order made in any cause in the justices^ . - ^ 1 1 1 1 1 r 1 . , . . . By act of April said court, to be held before the said justices, nor anv convic- 21, leiri, ante, p. , , 1 1 r- 1 471, any Olio jiis- tion had upon any statute or law, unless two of the same liccmayhoidthe justices hereby authorized to hold such court, shall be pre- sent ; and if only one of them shall attend on any court day, he shall adjourn the said court to the next court day ; and if on any court day neither of them shall attend, then the clerk of the said court shall and may adjourn the court to the next court day: Provided nevertheless, That it shall and maybe Excrpt judgment lawful for any one of the said justices to receive the confes- sion of the defendant or defendants of the action of the plain- tiff, and of the debt and damages, or sum of money due to the plaintiff, and to give judgment and issue execution thereupon, in like manner as if any two of them were present : And fur- in case of pick- iher, That in case of the sickness or death of any two oftwoofVirjust*]- the said justices, then and in that case the sOrvivor shall may try cuusfs. have power to hold the court, to hear, try and determine, the causes in the same manner as if two of the said justices were present. 6. § ex. And he it further enacted, That the clerk of the resistor ^of'^'tiie said court shall cause to be entered or registered in proper riircoui't"^'' 480 MARINE COURT. books, to be kept for that purpos(!>, a docket or register of all summonses, warrants, precepts, executions and process, which maybe issued by the said court, and of the returns to all such summonses, warrants, precepts, executions and pro- cess ; and also proper entries of all acts, orders, dismissions, decrees, judgments, adjournments and proceedings of the said court ; and also the substance of the plaintiff's charge or de- mand, and of the defendant's plea. Process how test- 7. § CXI. And he it further enacted, That all applications leiiedr ' for process for the recovery of any debt or demand, to be sued for in the said court, to be holden by virtue of this act^ before the said justices, shall be made to the clerk of the said court, and not otherwise ; and that all process to be issued out of the said court shall be tested in the name of the said justices, and be signed by the clerk of the said court, with his name, and with these words, " by the court," and sealed agaS'johit "^^^^ ^^^ ^^^^ ^^ ^^^ ^^^^ court ; and in all suits and actions debtors. against joint debtors, the proceedings shall be in all respects the same, and have the same effect as in and by the one hun- dredth section of this act is enacted ; and where any parties shall agree to enter an action in the same court without pro- cess, the court shall proceed in the same manner as if a sum- mons or warrant had been issued. Jhln b^'^'^sSm ®* ^ CXII. And he it further enacted, That the first process raons or warrant, ^q \^q issucd out of tlic Said court to be holdcu by the said justices, shall be in the same manner as is directed in and by the eighty-eighth and ninetieth sections of this act, in like cases ; and that the process and proceedings against joint debtors shall be in all things in the same manner as is di- rected in and by the one hundredth section of this act. Form of sunv 9. § CXIII. And he it further enacted, That every sum- mons to be issued out of the said court, to be held before the said justices by virtue of this act, shall be in form following: — " The people of the state of New- York, to the constables and marshals of the city of New- York, and to every of them greeting ; We command you to summon A. B. if he shall be found in the said city, to be and appear before our court of tlie justices of the peace, in and for the city of New-York^ at on the day of at mous , Marine court. 48 1 o'clock in the noon in the same day, to answer unto C. D. of a plea of (here insert the nature of the cause of ac- tion, and sum demanded) and have you then there this pre- cept. Witness our said justices, at the day of in the year of our Lord By the Court, E. F. clerk. 10. § CXIV. And be it farther: enacted, That it shall and ^I'^^'y^^!''''^ ^° tnay be lawful for any constable or marshal of the said city of New- York, to execute process, which may be issued out of the said court, to be holden by the said justices by virtue of this act, in any part of the said city: and that no person xisaVMst'lIlSir-rrifr- shall be })rocceded against by summons, to be issued out*^"'*' of the said court, who shall not reside within the said city. 11. § CXV. And he it farther enacted, That whenever any cicrk to admin- plamtin or his attorney shall apply lor a warrant to be is- suiufi warrant in sued out of the said court, to be holden before the said justices, i3y the art of , , , . , . . April?, 18V.H), this in cases where by this act an oath is necessary previous to section is mad.! the issuing oi such warrant, the clerk of the said court is assistant justices hereby authorized and empowered to administer such oath. 12. § CXVI. And he it farther enacted, That the first 'pro- Process by war- ^ »/ ' 1 rant. cess to be issued out of the said court to be holden before the saidjustices, in all cases not otherwise provided for, may, if •the plaintiff shall so elect, be by warrant, and the warrant shall be in the following form : " The people (as in case of a Form of warrant, summojis,) We command you to take A. B. if he shall be found in the said city, and bring him fortliwith before our courtr(as in case of a summons.)" 13. §CXVII. And he it farther enacted. That wlicn ^ny XryZZl?JL process shall be issued by virtue of this act, the constable or ^'*= "J" '"^""i'-'^'- marshal to whom such process shall be directed and deli- vered, shall proceed agreeably to this act, to execute such process in his own proper person, unless the assistant jus- tices, or the court to be holden before the said justices, as the case may be, shall, at the request of the ])laintiff, judge it ex- pedient to depute some other proper person, other than the pli'ty"^^*^^''^' *'*' plaintiff, who will voluntarily undertake to execute the same, without fee or reward ; and when any person shall be so dc- made"'^""" ^"^^ putcd, the deputation shall be endorsed on the process, and 6J 482 MARINE COURT. V if issued by an assistant justice, he shall sign his name to such deputation, and if issued out of the court to be holden No deputation on bv the Said iusticcs, the clerk of the court, as such, shall siffn jury process or ^ "^ ' j ^ o eiecutioa. hls name to the deputation, but no person shall be so deputed to empanel or summon a jury, or to serve an execution. Kwar^anuo ^^- ^ CXTIII. And bc it fuHhev enacted, That when any "li^earailre"^!^ f^^fendant shall be taken, on any warrant issued out of the ihTg" ^^ "^* ^^^' ^^^^ court to be holden before the said justices, and the same t™ct'o?Ap"rii7; ^^^^'^ shall not be then sitting, it shall be the duty of the con- tSve the^^me stable or marshal, or other proper officer having such war- f(S^e^to'theas^is*^ ^'^"^' ^^ ^^^^^ ^^^ ^^^^ ^^^^^ uamc, and in his official capacity, SeMadiiTcourL ^^^^ ^^ sccurity of somc sufficient person or persons to be bound by bond, conditioned for the appearance of the defend- ant on the next court day, and if the said defendant shall not appear in person in court, at the time mentioned in the said bond, and if the plaintiff shall approve of the said bail or se- curity, by accepting an assignment of the said bond, then the constable or marshal shall and may return the said waiTant in ^tbS^u'^pSn' the same manner as if the defendant had been brought in court in person, and the court shall and may proceed in the cause in the same manner as if the defendant had appeared in person, and denied the plaintiff's charge by plea ; and the said bail or security shall be held to pay the debt or damages, and both which shall or may be adjudged against the defendant, unless the said defendant shall enter the necessary security for the payment of the amount of the said judgment in sixty days, or shall (in case he shall be liable to imprisonment) sur- render himself or herself in execution within fort}'^eight On refusal to give hours from the time of the entry of said iud^ment; but if bail, defendant to J J o ^ be committed to ^he defendant, when taken by virtue of the aforesaid war- jail until next •' court day. j-^nt, shall ueglcct or refuse to give bail or security for his or her appearance as aforesaid, it shall be lawful for the con- stable or marshal, or other proper officer having such war- rant, to take such defendant to the jail of the city and county of New-York, and deliver him or her to the keeper of the said jail, who is hereby required to receive such defendant, and to keep him or her in safe custody in the said jail until the next court day, when the said constable or marshal, or other proper officer who shall have served such warrant, or some other constable or marshal, who may be directed by the court, in writing, shall bring such defendant before the MARINE COURT. 48S said court : Provided, That it shall not be lawful for the said ^^''^^r.^Sfan^Jg keeper to detain such defendant in custody upon such war- ^•'""• rant for a longer time than forty-eight hours : And further, e^nulrenfe ^Sx. That in case the plaintiff shall accept an assignment of the «>«baUbond. bail bond, to be tuken by the constable or marshal, or other officer, the plaintiff may, if necessary, commence a suit there- on in his own name, as the assignee of the constable, mar- shal or other officer, and on obtaining judgment thereon, shall, under the execution to be issued thereon,, levy the amount of the debt or damages and costs, for which judgment shall be given in the original action, with costs in the suit on the bail bond, and no more ; but if the plaintiff* shall refuse to take gJ^biTormarS^ an assignment of such bail bond, he shall have his remedy fo^ *"<^"^p^' against the constable, marshal or other officer, as in case of an escape, and in that case such constable, marshal or other officer, may commence a suit in his own name, and for his indemnity on such bail bond. 15. § CXIX. And he it further enacted, That when any de- ^JJ^Ti^^tl fendant shall be taken on any warrant issued out of the said cSy^rom*^ de- court to be holden before the said justices, and shall be 'p™i* ng ^nm^' brought into court, and the court by reason of other business *^*'"^^*y- or other cause, should be unable immediately to try the cause, the constable or marshal, or other proper officer, having such warrant, shall take the defendant before the clerk of the said court, who shall thereupon take security for the defendant's appearance in court on the next court dav ; and if the said Defendant eom- ^ ^ " niitted on neglect defendant shall neglect or refuse to give security, he or she log^■eBeculity. shall be committed to jail, and in that case it shall be the duty of the said clerk to make an endorsement on such war- rant to the following effect, viz : The defendant having re- fused or neglected (as the case may be) to give the security on the within warrant required by law, is committed to the jail of the city and county of New- York, and shall after- wards be brought into court, or discharged in the same man- ner and form as is directed in the case provided for in and by the preceding enacting clause of this act. 16. \ CXX. And be it further enacted, That in all cases in sccurftj- may be which, according to the provisions of thi^ act, security shall oatiS"'" be required, it shall be lawful for the justice or clerk, taking such security, if he shall deem it necessary, to examine the 484 MARINE COURT. person or persons who may be offered as security on oath, as to his or their sufficiency to become such security. Power of justi- X7. § CXXl. And be it further enacted, That it shall and ces court. . •• ./ ' may be lawful for any one of the said justices, at any time, when the said court shall not be sitting, to administer tjie oath of danger on any judgment which shall have been en- tered in the said court, and grant execution, or make any other necessary order thereon, and also to take the confes- sion of the defendant in any suit or action commenced, by warrant issued out of the said court, and enter judgment, and grant execution thereon, in the same manner as if the same was done in open court, and the justice before whom the said proceedings shall be had, shall enter or cause to be en^ tered, in the proper book or books of the court, the substance of the said proceedings, together with a note or memoran- dum, purporting that the same were had out of court, also the time when, and the name of the justice before whom the same were had. Court when ,to 18. § CXXII. A7id hc it further cnactcd, That upon the re- proceed to tri.-il r 1 and give judji- turn 01 any summons to the said court to be holden before ment. . "^ . the said justices, if such summons has been duly served by reading as aforesaid, or upon the appearance of the defend- ant, pursuant to any summons served by a copy, as afore- said, or upon the bringing the defendant into court upon a warrant which shall have been issued in consequence of his or her neglecting to appear in pursuance of any summons served by copy as aforesaid, or at such other time as the said court shall deem meet and convenient, not exceeding six days thereafter, the said court shall proceed to hear and examine the proofs and allegations of the parties, and shall within four days thereafter, gi^^e their judgment thereon in such manner as shall appear to the same court to be agree- able to law and equity. Defendant to 19, § CXXIII. And he it further enacted, That immedi- give security on ■' J ' . madr"wUhout^^ atcly upou bringing the defendant into the said court before sint"^*^'^ ^^" ^^^ ^^^^ justices, by virtue of a warrant other tiian a warrant issued in consequence of the neglect of the defendant to ap- pear when summoned, or a warrant issued in favor of a non- resident plaintiff, or at such other time as the same court MARINE COURT. 486 shall appoint, not exceeding six days, the court shall proceed to hear and examine the proofs and allegations of the par- ties and give judgment as aforesaid ; but if upon bringing the defendant as aforesaid, an adjournment be made without the consent of the plaintiff, then the defendant, if required by the plaintiff, shall give sulliiient security for his or her personal appearance on the day to which such adjournment shall be made ; and in default of such appearance, to pay the debt or damages, and costs, if judgment shall be given against him or her, and in default in giving such security, the court shall proceed to trial without an adjournment. 20. § CXXIV. And he it further enacted, That in all cases Further proTi- where a warrant shall issue out of the said court, to be holden joumments. before the said justiqes, if the plaintiff or defendant shall re- quire a longer time than is first appointed by the court to try the said cause, and will, if required, give sufficient security to appear and stand trial on such other day as shall be ap- pointed, and pay the debt, damages and costs, in case judg- ment shall be given against him or her, then the said court fehall adjourn the said cause to any time they may think pro- per and convenient, not exceeding twelve days : Fj'ovided rmvisoastonon- alwaijs, That where a v/arrant shall issue in favor of a non- '*^*'**" ''^"'" ' resident, and who shall have given security as herein before mentioned, the said court shall not adjourn the cause for more 3 days boforc than four days, unless the parties agree to allow a longer time. ces!f ^'^ ^"'*"" 21. § CXXV. And be it further enacted, That in all suits to Defendants to * be brought in the said court, before the said justices, the de- mands, if any. fendant or defendants, if he or they have any account or de- mand against the plaintiff in such action, shall and may plead and set off the same against the debt or demand of the plain- tiff; and if the defendant or defendants in such suit or action, ,. ,„ ,. ' »- J Ao^lccting so to shall refuse or neglect to plead and give in evidence, his, her, aaion'thSefol-"^ or their account or demand, if any he, she or they have against such plaintiff or plaintiffs, then the defendant or de- fendants so neglecting or refusing to plead and give in evi- dence his, her or their accounts or demands aforesaid, shall for ever thereafter be barred and precluded from having or maintaining any action or actions against such plaintiff or plaintiffs, for the recovery of such account or demand, or any part thereof: Provided always, That v/hcre the balance due ^'"'''^" ''fiance i . eicfcd3$50. 48a MARINE COURT. to the defendant or defendants exceeds the sum of fifty dol- lars, that in every such case the defendant or defendants shall not be barred or precluded from recovering his account or demand against such plaintiff or plaintiffs, in any other court of record having cognizance thereof. Proceedings in 22. § CXXVI. And he it further enacted, That when in- actiong of tres- . ^ \ , , , i • u pass when defen- auv actiou oi trespass UDOU land, or Other real estate, wmcn. dant justifies on *' i • , • i ^ r \ . , . . plea oi: title.. may be brought m the said court, beiore the said justices, any defendant or defendants shall justify on a plea of title, the like proceedings in all things shall be had therein in the same court, as aie directed to be had in suits of that nature,, before assistant justices, in and by the ninety-fourth section of this act, except that the recognizance to be entered into by the defendant or defendants,, shall be in the sum of one hun- dred dollars. Adjournment ai- 23. § CXXVII. And he it further enacted, That if in any lowed for want . i • i • i i /» .... of material wit- suit to be brought in the said court, before the said justices,., the defendant shall make oath, that he or she cannot, for want of some material evidence or witness, safely proceed to trial, the court shall, in such case, postpone the trial for such rea- sonable time as will enable the defendant to procure such Not tn,cxceed 3 evidcncc or witiicss : Proinded, Such time shall not exceed t)ionths, UDless demand ia. more thrcc Calendar months, unless the debt, dama":es or demands ^han $50, in • shall exceed the sum of fifty dollars : And provided also^ Security to be That such defendant or defendants, before he, she or they giveu tljereon. ' ^ •' shall be entitled to have the trial postponed as aforesaid, shall give security to the said court to appear and answer the said action, and to pay the debt or damages and costs, in case judgment thereon shall be given against him, her or Account or de- them: And provided also, That in any suit or action to be bited by party brouglit iu tlic Said court, if either the plaintiff or defendant %s^uC * ■*""'" shall request an adjournment, he or she shall not be entitled thereto, unless the party requesting such adjournment, after- having seen the account or demand of the adverse party, shall, if required, exhibit his or her account or demand, or state the nature thereof, as far forth as may be in his or her power, to the satisfaction of the court ; any thing herein con- taiAed to the contrary thereof notwithstanding. Officer serving warrant .to hold 24. § CXXVIII. And he it farther enacted, That where the iif/^^ed^bycolln" defendaut in any action to be brought in the said court, be- MARINE COURT. 487 fore the said justices, shall be brought into the same court by virtue of a warrant, such defendant shall be considered and held to be in custody of the officer who made the arrest, and shall be held on the said warrant until discharged by the court ; and if such defendant so brought into court shall be required'to give security, according to the provisions of this act, the same court shall allow him such time as the court shall deem reasonable to procure the same, and the officer in ^^'■'•='S. ^ CXLIV. And be it farther enacted, That all the at- Attnruits, &r. • 1 • 1 • linl'lH to suit iih tornies and other onicers oi any court, except durmg the sit- oAwt persons, ting thereof, may be proceeded against under this act in like 03 4i>8 MARINE COURT. manner as other persons, any law, usage or custom to the contrary notwithstanding. cuung""^"'tim^ ^^' § CXLV. And be it farther enacted, That if any person J.?"nTe'or mayor's or persons shall prosecuto any action in the supreme court of incertaircas^e's! this statc, or in the uiayor's court in the city of New-York» and it shall appear to the court wherein such action shall be prosecuted, at the trial thereof, that the same is within the provision of this act, as respects suits by and between sea- men, mariners and others, belonging to any ship or vessel in any merchant service, the plaintiff or plaintiffs shall not be entitled to recover costs, but shall pay costs to the defendant rroviBo. or defendants, in such case to be taxed : Pj^ovided neverthe- less, That if any suit or action, which is so within the provi- sion of this act, shall be prosecuted in the supreme or mayors court, for any sum above fifty dollars, if the plaintiff shall re- cover in the said mayor's court, more than fifty dollars, or in the said supreme court more than one hundred dollars, he shall not be barred of his right to recover costs. By the one hundred and forty-sixth section, the mayor, re- corder and aldermen arc to hold sessions, and to have the power of justices of the peace. ciork Of jusii- 40. § CXLVII. And he it further enacted, That every ces' court to give . , , . . i>anSngs such recovery hath been had, and that the said judgment is, ^^e'^"?*^"- at the time of making the said motion, unsatisfied, to order the bond so given by such clerk, constable or marshal, to be putjn suit against such cicrk, constable, or marshal, or his surety or sureties, or all, or any, or either of them, and when judgment shall be obtained on such bond, the said mayor's court shall, , upon motion in open court, direct so much money to be levied thereon as shall be sufficient to pay the party, the debt or damages so recovered, with costs, and to be paid to such party agrieved ; but if such clerk, constable or marshal, or his surety or sureties, or either of them, shall pay the debt or damages so recovered, with costs, then such suit on such bond shall be stayed, and be no further prose- suUs when •^ . ^ stayed. cute : And further J That if after judgment obtained upon Further j-ums such bond, any other party agrieved, and who shall have ro- .uch bonds. *'" covered any debt or damages against such clerk, constable, or marshal, for any default or misconduct in his office, shall apply as aforesaid, to the said mayor's court for relief, the said court shall direct such further sum to be levied on the judgment on such bond, as shall be sufficient to pay the debt or damages so recovered, with costs, and to be paid to such party agrieved, and so often as any recovery shall be had against such clerk, constable or marshal, for any misconduct or default in office : Provided, That the surety or sureties in such bond shall not be charged beyond the amount of the sums respectively in which they shall be bound in each bond : And provided, If two or more such recoveries shall be had against < such clerk, constable or marshal, at the same time amounting together to more than the whole amount of the sum contained 500 MARINE COURT. in such bond, then the said court shall order the monies to be levied thereupon, to be distributed to the parties respec- tively, in proportion to the res|)ective amount of their re- constabie or spcctivc recovcries : And further, If anv constable or mar^ marshal not to ^ ^ i "^ r i j •xecute process shal HOW elcctcd or appointed, or hereafter elected or l)cforc civin"" bond. ° appointed, shall refuse to enter into bond as aforesaid, such constable or marshal shall not be permitted to execute any process which shall issue out of either of the courts created and established in and by this act, in any civil case whatso- ever, until he shall enter into bond as aforesaid. Further jurisdic- 41. § CXLVIII. And he itfurtkev enacted, That the said tion of juBlicea' , . "■ court. justices' court shall have cognizance of suits on surety bonds taken in the said court, and that all bonds which may hereaf- ter be taken upon the adjournment of any cause, shall be con- (Viiainhon.i.'.de- sidcrcd good and valid against the obligor or obligors, although subsequent adjournments are had after the execu- tion of such bond or oblicjation. dared va iti. ecu tion how to issue. Suits for penal- 42. § CXLIX. And he it further enacted. That in every mencedrand'e™- suit to bc brought beforc thc said justices, or assistant justi- ces, for any penalty contained in this act, or in the charter of the city of New- York, or in any law or ordinance of the com- mon council of the said city ; a warrant (if required) shall issue in the first instance, and as soon as judgment shall be obtained for such penalty, execution shall issue for the same with costs of suit, without any respite or delay ; which exe- cution shall be against the goods and chattels of the defendant or defendants, and for want of such goods and chattels against his, her or their body or bodies, and shall be contained in one and the same precept. See Title " Assistant Justices" and the notes thereto, for several matters applying to this Court. MASTERS AND EXAxMINERS IN CHANCERY. 501 MASQUERADES. 1. Prohibition of masqueradea. 2. Penalty for violation. AN ACT for the prevention of Masquerades. Parsed April 25. 1829, Chap. 270, p. 401. 1. § 1. It shall not be lawful for any proprietor, manager prSted""'** or keeper of any theatre, circus, public garden, public house, public hall or premises, or other place of public meeting, re- sort or amusement whatsoever, within the city and county of New- York, or within the village of Brooklyn, for admis- sion to which any price or pay is demanded, to allow or permit in the same any masquerade or masquerade ball, or any assemblage of persons masqued. 2. § 2. Any person ofiending against the provisions of this Penalty, act, in the city of New- York, shall forfeit to the mayor, alder- men and commonalty of the said city, the sum of one thou- sand dollars, and in the village of Brooklyn, to the trustees of the said village, the sum of one thousand dollars, to be recovered in any court having competent jurisdiction. Masters and Examiners in Chancery- Vide "OFFICERS." 1. The governor authorized to appoint ton niastcra and examiners in chancery. 2. Powerg of. 3. Suspension of. AN ACT in relation to Masters and Examiners in Chancery in the Cities of Netv-York and Albany. Passed April 25, 1829, chap. 272, p. 401. 1. § I. It shall be lawful for the governor, by and with the consent of the senate, to appoint, from and after the first day of January, one thousand eight hundred and thirty, ten mas- ters in chancery, in and for the city and county of New- 502 Ma8t«rii and ex aminerain chan* eery. MASTER AND WARDENS. York, and five in and for the city and county of Albany, and three examiners in chancery for t^ie city of New- York. Revised Statutes, Part 3, Chap. 3, Title 2, Article 2. 2. § 42. Masters and examiners in chancery, shall possess all the powers and authority usually exercised by masters and examiners in chancery respectively, according to the practice of that court, and all such other powers as shall be conferred on them by the court according to law, or by any statute ; and shall be ameanable to such court for the correct discharge of such duties. May be sus- pended. Proc««dingB. 3. § 43. Masters and examiners in chancery may be suspend- ed by the chancellor from the exercise of the powers and duties of their office, in case of gross misconduct therein, after due notice and a full opportunity of making a defence, shall have been given to them ; and the chancellor shall im- mediately report such suspension, with the reasons therefor, to the governor, to the end that such master or examiner may be removed from office by the governor and senate. MASTER AND WARDENS, CHAP. XVIII. 1. Board of wardens established. 2. To take an oath. 3. To appoint a clerk. 4. Foreign vessels to be reported. 5. Vessels unfit for sea, how to be inspected. 6. Emoluments to be equally divided. AN ACT to amend an act, entitled ''An act to reduce sevieral laws relating particularly to the City of New-York into one act, so far as the same relates to the Master and Wardens, Harbor Masters and Pilots of the Port of New-York, and their duties, and for other pu7y?'ses" Passed February 19, 1819. Board ©f war- 1 § 1. Be it euacted by the People of the State of New-York, ileus established. ^ . t \i rni represented in Senate and Assembly, ihat there shall be and hereby is established a board of wardens for the port of New- * Vid9 Title " Pilots." MASTER AND WARDENS. 503 York, to consist of a master and five wardens ; and that it shall and may be lawful to and for the person administering the government of this state for the time being, by and with the advice and consent of the council of appointment, from time to time, and as often as shall be necessary, to appoint one fit and proper person to be master, and five other fit and proper persons to be wardens of the said port of New- York, ^to be experien- , 1 11 1 • 1 1 • 111* <^<^d Eeamen or who shall be experienced seamen, havmg commanded a ship piiot«. for two or more years, or who shall have been branch pilots to and from the port of New- York, who shall respectively hold their ofl^ces during the pleasure of the said council ; and that the said master and wardens, and their successors in office, shall compose the said board of wardens hereby established, and shall be called and known by the name of ^' the master and wardens of the port of New- York," and Name. shall have full power and authority to have and use a com- mon seal, with such device as they may think proper, and the same to break, alter and renew at their pleasure ; and the said master shall have power and authority to administer to any person or persons, any oath or oaths, affirmation or affir- mations, touching or concerning the business of the said board of wardens : And further, That all fines, penalties and forfeitures arising under such parts of this act as relates to the master and wardens aforesaid, or the rules and regu- lations to be made by the said board of wardens, in pursu- ance thereof, shall and may be sued for and recovered, in any court having cognizance thereof, by the said board of war- dens, or their successors, by their said name of " the masters and wardens of the port of New- York :" Provided however, P'oviso. That the several persons who now are master and wardens of the said port of New- York, shall and may respectively con- tinue in office until they shall respectively be superseded, or others shall be appointed in their stead. 2. § II. And be it further enacted, That each and every per- To take an oath, son who hath been, or at any time hereafter shall be appoint- ed to be master or wardens of the port of New-York, shall, before he enters upon the duties of his ofl^ce, to take and subscribe an oath or affirmation before the mayor, recorder, or one of the aldermen of the city of New- York, in the fol- lowing words: '• I, , will well, truly and faith- fully, according to the best of my skill and understanding, 504 MASTER AND WARDENS. execute and perform the powers and duties vested in or en- joined upon me by law, as master," (or as one of the wardens, as the case may be,) of the port of New- York ;" which oath or affirmation shall be filed in the office of the clerk of the city and county of New-York. To appoint clerk. 3. § HI. And he it farther eiiocted, That the said board of wardens, or a majority of them, shall and may, from time to time, appoint a clerk, who shall not be one of the said board; and which said board or wardens shall keep an office in the city of New- York, at which office, a majority of the said mas- ter and wardens, and their clerk, shall give attendance daily, (Sundays and public holidays, and the fourth day of July ex- cepted) and that the said board of wardens shall cause to be made, and kept by their clerk, in a book or books by them to be provided for that purpose, regular and fair minutes and entries of all orders, regulations, transactions and proceed- ings of the said board, under and by virtue of this act; and which said book or books of entries, shall and may be in- spected by any person or persons desiring to inspect the same, such person or persons desiring to inspect the same, - paying to the said clerk twelve and an half cents each time the said books shall, at his or their request, be opened and examined : And farther, That the said clerk shall give true copies of any such entries or minutes, so to be made in the said book or books, to such person or persons as may re- quire the same, such person or persons paying therefor to the said clerk one cent for every twelve words or figures such copy shall contain. Foreign vesscia 4. § lY. And hz It farther euacted, That the master, or one to btt reported to . > • • ^ xT the board. 01 the owncrs or consignees, oi ev^ery vessel arriving at tne port of New-York, (except vessels belonging to a citizen or citizens of the United States, and excepting also the vessels of other nations that are permitted by the laws of the United States to enter on the same terms as vessels belonging to a citizen or citizens of the United States) shall report such ves- sel at the office of the said board of wardens, within forty- eight hours after the arrival of such vessel at the said port of New-York, under the penalty of fifty dollars for each and every neglect or omission so to do ; and shall, at the time of making such report, pay to the said board of wardens, for MASTER AND WARDENS. fi05 each respective vessel, (one fourth part thereof for the use of the pilot who shall have so piloted and* made report of such vessel, as herein before directed, and the residue thereof for the use of the said- master and wardens) the sums follow- Jife^^arden»'!''**° in_^ : that is to say, the sum of four dollars if of less than one hundred tons burthen, and the sum of six dollars if of the burthen of more than one hundred and less than two hundred toils, and the sum of eight dollars if of the burthen of two hundred tons,, or more, but of less than three hundred tons burthen, and the sum often dollars if of the burthen of three hundred tons or upwards ; which said respective sums, so made payable for such vessels respectively, so arriving at the said port of New- York, shall and may be sued for and recovered, with costs of suit, in an action of debt, or upon the case, by the said board of wardens by their said name " the master and wardens of the port of New- York," of or from the master, or the owner or owners or consignees of such vessel, or any or either of them, in any court having cognizance thereof. 5. § V. And he it further enacted, That the said master and seaTow uTue S- wardens of the said port of New- York, or any two of them, ^v^*"^*"^- with tlie assistance of one or more skilful carpenters, shall be surveyors of any vessel deemed unfit to proceed to sea; and the said master and wardens, or any two of them, shalllbe judges of the repairs- which may be necessary for the safety of such vessel on the intended voyage ; and in all cases of t^ b"J's,f,|17,£ vessels and goods arriving damaged, and by the owner or [lie JvS'Ss"" ° consignees required to be sold at public auction, on account of such damage, and for the benefit of underwriters out of the city of N'ew-York, such sale shall be made under the inspec- tion of the master and wardens, or some one of them, which master and wardens shall, when required by the owner or consignees aforesaid, certify the cause of such damage, the amount of sale of such vessel or goods, and the charges at- tending the sale, and shall be allowed for their services on board of, or relating to vessels or goods belonging to a citi- zen or citizens of* the United States, or to vessels or goods belonging to citizens or su}>jects of other nations that are per- mitted, by the laws of the United States, at and after the rate of one and n half per cent, on the gross amount of sales thereof: and for each and every survev on board of anv f ec? to be paid CM 506 MASTER AND WARDENS. ship or vessel, or at any store in the city of New- York, or along the docks or wharves thereqf, on damaged goods, they shall severally be allowed the sum of one dollar and fifty cents ; for each and every certificate, given in consequence of damaged goods, one dollar and twenty-five cents ; and for every survey on board of any ship or vessel, put into the said port in distress, to ascertain the damages sustained, they shall severally be allowed the sum of two dollars and fifty cents ; and for each and every certificate given of damages sustained by any ship or vessel, put into the said port in distress, and recording the same, two dollars and fifty cents ; and shall, in like manner, be allowed for their services on board of or re- lating to any vessel paying foreign duties and tonnage, for the services aforesaid, double the amount of fees herein above specified. bfriardfvhu ^- ^ ^^' ^^^^ ^^ it further enacted. That all the emoluments *^- granted to the master and wardens by tfeis act, shall be equally divided amongst them and their clerk.* MAYOR— Salary of, &c. Sect. 1. Clerk and mayoralty fees granted to tlie corporation. 2. Salary ol tlie mayor fixed by tiiu common council ; out of what funds, and how paid. ■ t. The last section qualified. Act to Reduce, SfC, Revised Laws of 1813, Vol 2, p. 405. Office of clerk of 1. § CXLVIII. And he it further enacted, Th3.t the office ni'ayo"nut^y ' fJes of clcrk of the market within the city of New- York, and all corporation of n! and singular the fees and profits, revenues and emoluments, granted by the charter of the city of New- York to the mayor of the said city, or which the said mayor by the said charter, or by any law or usage, is entitled unto or allowed to receive and take to his own use, except the fees and perquisites which he is by law entitled to as judge of the court of com- mon pleas, called the mayor's court, be and the same hereby are granted to and vested in the mayor, aldermen and com- monalty of the city of New- York, and their successors for ever, that it shall not be lawful to or for any mayor of the said, city of New- York, at any time after the passing of this act, to receive or take to his own use, any of the said fees, profits, * Vide title " Pilots." MASTER AND WARDENS. 507 revenues and emoluments, granted to and vested in the said mayor, aldermen and commonalty of the said city of New- York, by this act as herein aforesaid ; but that the said fees, profits, revenues and emoluments, and every part thereof, shall and may hereafter be received and taken by the said mayor, aldermen and commonalty of the said city of New- York, or such officers and persons as they may, from time to time see fit to appoint for the purpose, to be used and ap- plied to the public use of the said mayor, aldermen and com- monalty of the said city of New- York, and their successors for ever. 2. § CLXIX. And be it farther enacted, That the mayor of salary of the the said city of New- York, shall and may be allowed, and by com. council. have to his own use, for his compensation as mayor of the Not to oxcced said city of New- York, such part or proportion of the said than $5500. fees, profits, revenues and emoluments, or any of them, not exceeding in amount the sum of seven thousand, nor less than the sum of five thousand five hundred dollars, as the said mayor, aldermen and commonalty of the said city of New- York, or their successors, in common council convened, shall from time to time think proper to allow him : Provided^ That To be paid om ^ '■ of mayoralty it shall be lawful to and for the said mayor, aldermen and le*"' «"■ ^'^°'" ^ •' city treaiurer. commonalty of the said city of New- York, in common council convened, at any time or times to allow and pay out of the city treasury, to the mayor of the said city for the time being, as and for his compensation, a yearly sum not exceeding seven thousand dollars, nor less than five thousand five hun- dred dollars, to be paid in quarterly payments, in equal proportions, on such days as the said common council shall appoint for the purpose ; and which said yearly sum or allow- ance shall be in lieu of all fees, perquisites, revenues and other emoluments whatsoever, except only the fees and per- quisites of the said mayor as a judge of the court of cpmmon pleas, called the mayor's court: And provided also, That the Mayor's salary compensation or allowance to the mayor of the said city for Jii'jnotTo^bedt^ the time being, when settled and agreed upon by the said SIT mayijirity." mayor, aldermen and commonalty of the said city of New- York as aforesaid, shall not be diminished during the said mayoralty of the said mayor. 508 MECHANICS — ACTS for better security of. Laws of 1821, V^pl. 5, p. 64. Salary to mayor. 3. ^ X. And be it fitrthcT enacted, That the mayor, alder- men and commonalty of the city of New- York, shall pay out of the treasmy of the said city, to the mayor of the said city, for the time being, the sum of not less than two thousand dollars, nor more than four thousand dollars, at their discre- tion, annually, for his services, to be paid quarter yearly, in equal proportions ; and so much of the act, entitled " An act to reduce several laws relating particularly to the city of New- York, into one act," as provides for his receiving a greater compensation, be and the same is hereby repealed. Vjdeiawsofi83i, Constitution, Article 4, Section 10. The mayors of all the ^' * cities in this state shall be appointed annually hy the com- mon councils of the respective cities. MECHANICS— Acts for better secm-ity of. Skct. 1. Unpaid accounts to be presented to the owner of building. 2. Owner to furnish contractor with a copy. 2. Difference between partias may be arbitrated. 4. Accounts liow to be tinally settled. 5. Liability of owner in case of collusion. 6. Provisions of the act extended. 7. Provisions of the act to extend to parol agreements. 8. Act when to take eflcct.* AN ACT for the better Security of Mechanics and others erecting buildings in the City and County of New-York. Tassed April 20, 1830, ch:ip. 330, p. 412. Unpaid accounts ^' ^ ^' Evcry mechanic, working man or other person do- loowEfbutid-i'^g ^^ performing any work towards the erection, construc- »"«• tion or finishing of any building in the city of New- York, erected under a contract, in writing, bctvvcen the owner and builder or other person, whether such work shall be perform- ed as journeyman laborer, cartmen, sub-contractor, or other- wise, and whose demands for w^ork and labor done and per- fprmed towards the erection of such building has not been paid and satisfied, may deliver to the owner of such build- ing an attested account of the amount and value of the work and labor thus performed and remaining unpaid ; and there- upon such owner shall retain, out of his subsequent payments MECHANICS— ACTS for better security of. 509 to the contractor, the amount of such work and labor, for the benefit of the person so performing the same. 2. § II. Whenever any account of labor performed on a ^^mTaclorSa building greeted under a contract in ^y^iting as aforesaid, <=«?>'• shall be placed in the hands of the owner of such building, or his authorized agent, it shall be the duty of such owner or agent to furnish his contractor with a copy of such papers in order that if there shall be any disagreement between such contractor and his creditor, they may, by amicable ad- justment between themselves or by arbitration, ascertain the true sum due ; and if the contractor shall not, within ten days after the receipt of such papers, give the owner written no- tice that" he intends to dispute the claim, or if in ten days after giving such notice, he shall refuse or neglect to have the matter adjusted as aforesaid, he shall be considered as assenting to the demand, and the owner shall pay the same when it becomes due. • 3. ^ III. If any such contractor shall dispute the claim of Ariutramcm. his journeymen or other person for work and labor perform- ed as aforesaid, and if the matter can be adjusted amicably between themselves, it shall be submitted, on the agreement of the parties, to the arbitrament of three disinterested per- sons, one to be chosen by each of the parties, and one by the two thus chosen ; and the decision, in writing, of such three persons, or any two of them, shall be final and conclusive in the case submitted. 4. § IV. When the amount due shall be adjusted and as- i^^ZTy Sd. certained as above provided, and if the contractor shall not, within ten days after it is so adjusted and ascertained, pay the sum due to his creditor, with the costs incurred, the owner shall pay the same out of the fund as above pro- vided; and which amount due maybe recovered from the said owner by the creditor of the said contractor, in an ac- tion for money had and received to the use of the said cre- ditor, and to the extent in value of any balance due by the owner to his contractor under the contract with him at the time of the notice first given as aforesaid, or subsequently accruing to such contractor under the same, if such amount shall be less than the sum due from the said contractor to his creditor. 510 MECHANICS — ACTS for better security of. « iSe^'orco"! ^- 5 ^' If ^y ^"y collusion or otherwise, the owner of lusion. ^^y. buii(^ing erected by contract in writing as aforesaid, shall pay to his contractor any money in advance of the sum due on said contract; and if the amount still due the contractor, after such payment has been made, shall be insufficient to satisfy the demand made in conformity with the provisions of this act for work and labor done and per- formed, the owner shall be liable to the amount that would have been due at time of his receiving the account of such work, in the same manner as if no such payment had been made. CHAP. CXX. AN ACT to amend ^^An act for the better security of Me- chanics and others, erecting Buildings in the City and County of New-York^ Passed April 13,1832 p. 181. The People of the State of New-Yorkj represented in Senate and Assembly, do enact as follows : 6. § 1. All the provisions of the act hereby amended, shall apply to the materials furnished and used in the performance of any work by every mechanic and workman towards the erection or finish of any building in the city of New- York, which shall be erected under the provisions of said act, as well as to the work done or performed towards such erection or finish by such mechanic or workman ; and the same pro- ceedings shall be had on the account duly attested, of such mechanic or working man for work and materials furnished, and the same liabilities incurred by, and enforced against, the contractor or owner of such building, or other person, as those provided by the act hereby amended, for work and labor performed. 7. § 2. The provisions of the said act shall also apply to verbal or parole contracts or agreements, as well as to con- tracts in writing. 8. § 3. This act shall take effect immediately on the pas- sage thereof. NEW- YORK CHARTER OF AMENDED. 51 1 r¥EW-YORK"C!iarter of amended. Skct. 1. Legislative power. 2. Aldermen and astistants. 3. To be chosen for one year. 4. Annual election of charter officers. 5. First election. 6. Special election. 7. Meeting and proceedings of the two boards. 8. To coniiK-'l the attendance of members, 9. Stated and occasional meetings. 10. Laws may originate in either board IL Members not to be appointed to office. 12, 13, 14. Acts, Sec. how to be jiasscd. 15. Mayor and recorder m)t to be members of the common council IG. Vacancy in the office of mayor. 17. Duty of the Mayor. 18. Appropriations. 19. Loans. 20. Annual statement to be published. 21. Executive business. 22. Accountability of officers. 23. Clerk of common council. 24. Division of council when to take place. CHAP. CXXII. AN ACT to amend the Charter of the City of New-York, Paa.-ed Apr.l 7, 1S30. p. 125. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § I. The legislative power of the corporation of the Legislative pow- city of Nevv^-York, shall be vested in a board of aldermen and a board of assistants, who together shall form the com- mon council of the city. § 2. Each ward of the city shall be entitled to elect one N"">bcr of aider- ' J men and assis- person, to be denominated the aldermen of the ward ; and **"'^- the persons so chosen, together, shall form the board of alder- men: And each ward shall also be entitled to elect one per- son, to be denominated an assistant alderman; and the per- sons so chosen, together, shall form the board of assistants. \ 3. The aldermen and assisitant aldermen shall be To be chosen for chosen for one year; and no person shall be eligible to either **'^^*'^* office, who shall, not, at the time of his election, be a resident of -the ward for which he is chosen. 512 NEW- YORK CHARTER OF AMENDED. Annual election J 4. The aniiual clectioii for charter officers shall com- of charter officers. i i i /y» mence on the second Tuesday in April, and the omcers elect- ed shall be sworn into office on the second Tuesday in May thereafter : And all the provisions of law now in force in re- gard to the notification, duration, and- conduct of elections for members of assembly, and in regard to the appointment,- powers and duties of the inspectors holding the same, shall apply to the annual election of charter officers. First election. ^ 5. The first clcction for charter officers, after the pas- sage of this law, shall take place on the second Tuesday in April, one thousand eight hundred and thirty-one ; and all those persons who shall have been elected under the former laws regulating the election of charter officers, and shall be in office at the time of the passage of this law, shall continue in office until the officers elected under this law shall be en- titled to be sworn into office. Special eiecUons. § 0. The board of aldermen shall have power to direct a special election to be held, to supply the place of any alder- man whose seat shall become vacant by death, removal from the city, resignation or otherwise ; and the board of assist- ants shall also have power to direct a special election, to sup- ply any vacancy that may occur in the board of assistants : and in both cases, tlie person elected to supply the vacancy, shall hold his seat only for the residue of the term of office of his immediate predecessor. Meetings and pro- § 7. The boards shall meet in separate chambers, and a twcTboSs! ^'^ majority of each shall be a quorum to do business. Each board shall appoint a president from its own body, and shall also choose its clerk and other officers, determine the rules of its own proceedings, and be the judge of the qualifications of its own members. Each board shall keep a journal of its • proceedings, and the doors of each shall be kept open, except when the public welfare shall require secrecy : And all reso- lutions and reports of committees, which shall recommend any specific improvement involving the appropriation of public monies, or taxing or assessing the citizens of said city, shall be published immediately after the adjournment of the . board, under the authority of the common council, in all the newspapers employed by the corporation ; and whenever a NEW- YORK CHARTER OF AMENDED. 513 vote is taken in relation thereto, the ayes and noes shall be called and published in the same manner. § 8. Each board shall have the authority to compel the ^nSalTce^J/JfeJj: attendance of absent members, to punish its members for dis- *'"^» ^^• orderly behaviour, and to expel a member, with the concur- rence of two- thirds of the members elected to the board ; and the member so expelled, shall, by such expulsion, forfeit all his rights and powers as an alderman or assistant alderman. § 9. The stated and occasional mectino^s of each board ^.'**^? and occa- ^ o _ _ Bional meetings. of the common council, shall be regulated by its own ordi- nances ; and both boards may meet on the same or on dif- ferent days, as they may severally judge expedient. § 10. Any law, ordinance, or resolution of the common Laws, &c. may council, may originate in cither board ; and when it shall either*board. have passed one board, may be rejected or amended by the other. § 11. No member of either board shall, during the pe- Members not to riod for which he was elected, be appointed to, or be com- officef&c"^^ potent to hold any office, of which the emoluments are paid from the city treasury, or by fees directed to be paid by any ordinance or act of the common council, or be directly or in- directly interested in any contract, the expenses or considera- tion whereof are to be paid under any ordinance of the com- mon council ; but this section shall not be construed to de- prive any alderman or assistant of any emoluments or fees which he is entitled to by virtue of his office. §12. Every act, -ordinance, or resolution which shall Acts, &c. how to have passed the two boards of the common council, before it ^^p*''^^^- shall take effi3Ct, shall be presented, duly certified, to the mayor of the city, for his approbation : If he approve, he shall sign it ; if not, he shall return it, with his objections, to the board in which it originated, within ten days thereafter ; or if such board be not then in session, at its next stated meet- ing. The. board to which it shall be returned, shall enter the objections at large on their journal, and cause the same to be published in one or more of the public newspapers of the city. 65 514 NEW- YORK — charter op amended. bJ'plis^d.^^^*^ § 13. The board to which such act, ordinance or reso- lution, shall have been so returned, shall, after the expiration of not less than ten days thereafter, proceed to reconsider the same. If, after such reconsideration, a majority of the members elected to the board shall agree to pass the same, it shall be sent, together with the objections, to the other board, by which it shall be likewise reconsidered ; and if ap- proved by a majority of all the members elected to such board, it shall take effect as an act or law of the corporation. In all such cases, the votes of both boards shall be determin- ed by yeas and nays ; and the names of the persons voting for and against the passage of the measure reconsidered, shall be entered on the journal of each board respectively. Ibid. ^ 14. If the mayor shall not return any act, ordinance or resolution so presented to him, within the time above limit- ed for that purpose, it shall take effect in the same manner as if he had signed it. Mayor or record- § 15. Neither thc mavor nor recorder of the city of er not moinbers "' ^ ■ j of common coun- Ncw- York, shall bc a member of the common council there- cil. of, after the second Tuesday of May one thousand eight hun- dred and thirty-one. rvacancyinthe § 16. Whenever there shall be a vacancy in the office « ceo major, ^^^^y^^^ r^^^ whcncver tlic mayor shall be absent from the city, or be prevented by sickness or any other cause from attending to the duties of his office, the president of the board of aldermen shall act as mayor, and shall possess all the rights and powers of the mayor, during the continuance of such vacancy, absence or disability. Duty of the ^ VI. It shall be the duty of the mayor, ""^^^^ 1. To communicate to the common council, at least once a year, and oftener if he shall deem it expedient, a general statement of the situation and. condition of the city, in rela- tion to its government, finances and improvements. 2. To recommend to the adoption of the common council, all such measures connected with the police, security, health, cleanliness, and ornament of the city, and the improvement of its government and finances, as he shall deem expedient. NEW- YORK CHARTER OF AMENDED. 515 3. To be vigilant and active in causing the laws and ordi- nances of the government of the city to be duly executed and enforced. 4. To exercise a constant supenasion and control over the conduct and acts of all subordinate officers, and to re- ceive and examine into all such complaints as may be pre- ferred against any of them for violation or neglect of duty, and generally to perform all such duties as may be prescrib- ed to him by the charter and city ordinances, and the laws of this state and the United States. § 18. Annual and occasional appropriations shall ibe Appropriations, made by proper ordinances of the common council, for every branch and object of city expenditure ; nor shall any money be drawn from the city treasury, except the same shall have been previously appropriated to the purpose for which it is drawn. § 19. The common council shall not have authority to Loans, borrow any sums of money whatever, on the credit of the corporation, except in anticipation of the revenue of the year in which such loan shall be made, unless authorized by a special act of legislature. § 20. It shall be the duty of the common council to mo'I.rtoVpub publish, two months before the annual election of charter '*^^^**' officers, in each year, for the general information of the citi- zens of New- York, a fall and detailed statement of the re- ceipts and expenditures of the corporation, during the year ending on the first day of the month in which such publica- tion is made ; and in every such statement, the diffijrent sources of city revenue and the amount received from each ; the several appropriations made by the common council, the objects for which the same were made, and the amount of moneys expended under each ; the moneys borrowed on the credit of the corporation, the authority under which each loan was made, and the terms on which the same was ob- tained, shall be clearly and particularly specified. § 21. The executive business of the corporation of Executive uusi- New-York shall hereafter be performed by distinct de- 516 NEW- YORK — charter of amended. partments, which it shall be th^ duty of the common council to organize and appoint for that purpose. Accountability ' § 22. It shall be the duty of the common council to provide for the accountability of all officers and other per- sons, to whom the receipt or expenditure of the funds of the city shall be entrusted, by requiring from them sufficient se- curity for the performance of their duties or trust, which se- curity shall be annually renewed ; but the security first taken, shall remain in force until new security shall be given. Sunax "*"™''" 5 23. The clerk of the board of aldermen shall, by vir- tue of his office, be clerk of the common council, and shall perform all the duties heretofore performed by the clerk of the common council, except such as shall be assigned to the clerk of the board of assistant aldermen ; and it shall be his duty to keep open for inspection, at all reasonable times, the records and minutes of the proceedings of the common coun- cil, except such as shall be specially ordered otherwise. Division of coun- ^ 24. The division of the common council into two cii wben to take ^ effect. boards shall not take effect until the officers to be elected ' under this law, enter on the duties of their office. Each board shall hold its first meeting for the purpose of organiz- ing, on the second Tuesday of May in each year ; at which time the mayor or clerk of the common council shall attend, by whom the oath of office shall be administered to the mem- bers elected. In the absence of the mayor and clerk, such oath may be administered by the recorder or first judge of the city, or by any of the justices of the superior court. Beetioni appHca- §25. Nouc of the provisious of this act, except the eomraon councu! eighteenth, nineteenth, twentieth, and twenty-second sections, shall be construed as applying to the common council as now constituted. Repeal. § 26. Such parts of the charter of the city of New- York, and of the several acts of the legislature amending the same, as are not inconsistent with the provisions of this law, shall not be construed as repealed, modified, or in any man- ner affected thereby, but shall continue and remain in full force. NEW- YORK— CITY OF. 517 ]\EW-YORK-City of. Revised Statutes, Vol S,p. 121. BOUNDS AND DIVISIONS OF THE CITY OF NEW- YORK. 1. First Ward. 9. Ninth Ward. 2. Second Ward. 10. Tenth Ward. ,— .„« 3. Third Ward. 11, Eleventh Ward. 4. Fourth Ward. 12. Twelfth Ward. 5. Fifili Ward. 13. Thirteentli Ward. 6. Sixth Ward. 14. Fourteenth Ward. 7. Seventh Ward. 15. Fiftccntli Ward. 8. Eighth Ward: § 1. The city of New- York contaifis all that part of this New-Yok. state comprehended within the bounds of the county of New- York, and is divided into fourteen wards, in the manner fol- lowing, that is to say : 1. The first ward shall begin in the middle of Broadway, First ware. at a point where it is intersected by the middle of Liljerty- street, and run from the said point of intersection, through the middle of Liberty-street, south-easterly, to the middle of Maiden-lane ; then down the middle of Maiden-lane ; and from thence in a straight line running in the same di- rection across the East river, to low-water mark on Nas- sau or Long-Island; and thence along Nassau or liOng- Island shore, at low-water mark, to the south side of Red- Hook ; and then across Hudson's river, so as to include Nutten-Island, Bedlow's-Island, Bucking-Island, and the Oyster-islands, and all the waters of this state in the Bay of New- York, and to the southward thereof, and which are not comprehended in any other county, to low-water mark on the west side of Hudson's river, or so far as the bounds of this state extend ; then up along the west side of Hudson's river, at low- water-mark, or along the limits of this state, to a place due west from the middle of the west end of Liberty- street ; then to the middle of Liberty-street ; then through the middle of Liberty-street to the middle of Broadway, at the place of beginning. 4 2. The second ward shall begin at the south-easterly ccfr- second ward. ner of the first ward, and run thence along the easterly bounds thereof, across the East river to the middle of Broadway ; then up the middle of Broadway, to a point opposite to the middle of Chatham-street ; then through the middle of 518 NEW-YORK— CITY OF. Chatham-street, to a point 6pposite to the middle of Spruce (formerly George) street; then down the middle of Spruce-street, to the middle of Gold-street ; then through the middle of Gold-street, to a point opposite to the middle of Ferry-street ; then through the middle of Ferry-street, in a line running in the same direction across the East river, to Nassau or Long-Island, to low-water mark ; then along Nassau or Long-Island, at low- water, to the place of begin- ning. Thifd ward. 3. The third ward shall begin on the west side of Hudson's river, at the north-westerly corner of the first ward, and run- ' ning thence due east, to the middle of Liberty-street ; then through the middle of Liberty-street, to the middle of Broad- i way ; then through the middle of Broadway, to a point opp6- site to the middle of Reed-street ; then through the middle of Reed-street, in a line running in the same direction across Hudson's river, to low- water mark, on the west side thereof, or so far as the bounds of the state extend ; then down the west side of Hudson's river, at low-water mark, or along the limits of this state, to the place of beginning. Fourth ward. 4. The fourth ward shall begin at the northerly corner of the second ward, and run thence through the middle of Chat- ham-street, to a point opposite to the middle of Catherine- street ; and then through the middle of Catherine-street, in a line running in the same direction across the East-river, to low-water mark, on Nassau or Long-Island ; then along Nassau or Long-Island shore, at low-water mark, to the bounds of the second ward ; and then north-westerly along the bounds of the second ward, to the place of beginning. 5. The fifth ward shall begin at the north-westerly corner of the third ward, and run thence along the northerly bounds thereof, to the middle of Broadway ; then through the mid- dle of Broadway, to the middle of Canal-street ; then through the middle of Canal-street to Hudson's river; than due w^est to low-water mark, on the west side of Hudson's river, or so far as the bounds of this state extend ; then down along the west side of Hudson's river, at low-water mark, or along the limits of this state, to the place of beginning, - Bixth ward. 6. The sixth ward shall begin at a point in the middle of Broadway, where it is intersected by the middle of Canal- street ; and run thence through the middle of Canal-street to where it is intersected by the middle of Collect-street ; Fifth Ward. NEW- YORK— CITY OF. 519 then through tiie ^Mdle of Collect-street to the middle of Pump-street ; then thi. -h the middle of Pump-street to the middle of the Bowery road ; / ~•^ through the middle of the Bowery-road to the middle of Chatha... ^^reet ; then through the middle of Chatham-street, to the middle ^ " "^roadway ; and then through the middle of Broadway to the place o. '. ginning. 7. The seventh ward shall begin at the south-easterly cor- ^evemh w»d. nef of the fourth ward, and run thence along the easterly boundary of the fourth ward, to the middle of Division-street ; I then through the middle of Division-street, to the middle of Grand-street; then through the middle of Grand-street, in a line running in the same direction across the East river, to low- water mark on Nassau or Long-Island ; t^hen along Nassau or Long-Island shore, at low-water mark, to the place of beginning. 8. The eight ward shall begin at the north-westerly corner i^is'»t^ '•'^^^'^■ of the fifth ward, and run thence along the northerly bounds of the said ward, through Canal-street to the middle of Broadway ; then through the middle of Broadway to a point opposite to the middle of Houston-street ; then through the middle of Houston-street to a point opposite to the middle of Hamersly-street ; then through the middle of Hamersly- street to Hudson's river ; then due west to low water mark, on the we^t side of Hudson's river, or so far as the limits of this state extend-, then down along the west side of Hud- son's river, at low water mark, or along the limits of this state, to the place of beginning. 9. The ninth ward shall begin at the northTwesterly corner mmh nard. of the eighth ward, and run thence .along the northerly bounds of the said ward through the middle of Hamersly and Houston-streets, and continuing on through the middle of Houston-street, to the middle of the Bowery road ; then through the middle of the Bowery road to a point opposite to the middle of Fourteenth-street ; then through the middle of Fourteenth-street to Hudson's river ; then due west to low water mark on the west side of Hudson's river, or so far as the limits of this state extend ; then down along the west side of Hudson's river at low water mark, or along the Hmits of this state, to the place of beginning. 10. The tenth ward shall begin at a point in the middle of Tenth ward. the Bowery road, opposite to the middle of Division-street ; 5%0 NEW- YORK— CITY OF. ■ then through the middle of Division-street to the middle of Norfolk-street ; then through the middle of Norfolk-street to the middle of Rivington-street ; then through the middle of Rivington-street to the middle of the Bowery road ; then through the middle of the Bowery road to the'place of begin- ning. Eleventh ward. 11. The eleventh ward shall begin at the north-easterly corner of the' tenth ward, being at the intersection of Norfolk and Rivington-streets, and run thence through the middle*of Rivington-street to the middle of the Bowery road ;- then through the middle of the Bowery road, to where it is inter- sected by the middle of Fourteenth-street ; theii through the middle of Fourteenth-street, in a line running in the same di- rection, across the East river, to low water mark, on Nassau island ; then along Nassau island shore, at low water mark, to a point opposite the middle of the easterly end of Riving- ton-street ; then in a direct line across the East river, through the middle of Rivington-street, to the place of beginning. 12. The twelfth ward shall include all that part of the city and county of New- York, lying to the northward and east- ward of the middle of Fourteenth-street. 13. The thirteenth ward shall begin at the north-easterly corner of the seventh ward, and run thence along the easterly and northerly line of the said ward through the middle of Grand and Division-streets, to tlie middle of Norfolk- street ; then through the middle of Norfolk-street to where it is in- tersected by the middle of Rivingtoh-street ; then through the middle of Rivington-street, in a line running in the same direction across the East river, to low water mark on Nassau island ; and then along the shore of said island, at low water mark, to the place of beginning. Fourteenth ward. 14. The fourteenth ward shall begin at a point in the mid- dle ctf the Bowery road, where it is intersected by the mid- dle of Pumpi-street ; then through the middle of the Bowery road to a point opposite the middle of Houston-street ; then through the middle of Houston-street to where it is inter- sected by the middle of Broadway ; then through the mid- dle of Broadway to where it is intersected by the middle of Canal-street ; and then throi^gh the middle of Canal, Collect and Pump-streets, being along the northerly bounds of the sixth ward, to the place ol* beginning. Twelfth ward. Thirtemth ward. NEW- YORK— COUNTY or. 521 CHAPTER LVL AN ACT to divide the Ninth Ward in the City of New- York into two Wards. Passed March 23, 1832, p. 102. TTie People of the State of New-York^ represented in Senate and Assembly, do enact as follows : 15. § 1. All that part of the present ninth ward of the city of New- York which lies easterly of a line running southerly from the centre of Fourteenth-street, through the centre of the Sixth Avenue to the centre of Carmine-street ; thence south-westerly through the centre of Carmine-street to the centre of Bleccker-street ; thence south-easterly through the centre of Bleeckcr-street to the centre of Hancock-street ; thence southerly through the centre of Hancock-street to the centre of Houston-street, is hereby constituted and declared to be an additional and separate ward in the said city, and shall be called the fifteenth ward of the city of New- York. § 2. All the residue of the present ninth ward, being that part thereof lying westerly of the line above mentioned, shall be a distinct and separate ward, and shall be called the ninth ward of the city of New- York. § 3. This act shall take effect from and after the passage thereof. Fifteenth ward. Ninth ward. JVEW-YORK-Couiity of. Revised Statutes, Vol. S, p. 18. 1. Boundari«9 of. 2. Jurisdiction of ovor certain waters. ■ 3. An original county. 1. § 5. The county of New- York shall contain the islands called Manhattan's Island, Great Barn Island, Little Barn Island, Manning's Island, Nutten Island, Bedlow's Island, Bucking Island, and the Oyster islands ; and all the land un- der water within the following bounds : beginning at Spy- ten Duyvel creek, where the same empties itself into the 66 New York. 538 NOTARIES PUBLIC. Hudson river on the Westchester side thereof, at low-water mark, and running thence along the said creek, at low-water mark, on the Westchester side thereof, to the East river or Sound ;^hen to cross over to Nassau, or Long Island, to low-water mark there, including Great Barn Island, Little Barn Island, and Manning's Island ; then along Nassau or Long-Island shore, at low-water mark, to the south side of Red-Hook; then across the North river, so as to include Nutten Island, Bedlow's Island, Bucking Island, and the Oyster Islands, to the west bounds of the state ; then along the west bounds of the state, until it comes directly opposite to the first mentioned creek, and then to the place where the said boundaries began. Jurisdiction over 2. ^ 7. The couutics of Kuifrs, Richmond and New- York, certain waters. ' -n .-i .. shall, for the purpose oi servnig all process, civil or crimi- nal, have concurrent jurisdiction on the waters in the, coun- ties of Kings and Richmond, lying south of the bounds of the county of New- York. (3) New-York. 3. New-York. — Au Original county, organized by act of November 1, 1683. (See Suffolk.) See also Br. 11; V. S. 6; 711; 2 J. & V. 315; 2 Gr. 148; 2 K.&R. 1 ; Sess. 47, eh. 304, Laws of 1824, p. 358. NOTARIES FUBL.IC. Vide " PUBLIC OFFICERS." 1. Regulations respecting the number of public notaries and commissioners, a. Revised Statutes repealed that limits the number. 3, 4. Powers of. 5. Protests of. 6. Memorandums by them. 7. Their liabilities for misconduct. AN ACT relative to Public Notaries and Commissioners of Deeds in the several Cities of this State. Passed March 17, 1829, Chap. 52, p. 112. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Number_ofpub- 1. § 2. After the first day of January next, the governor commissioners gj^^^jj nominate, and, with the consent of the senate, appoint (3) Laws of 1824, p 359, ^ 2. NOTARIES PUBLIC. 52? as many public notaries and commissioners of deeds in the city of New- York, as he in his discretion may deem neces- sary, so that the number of each in commission at any time shall not exceed one hundred. 2. § 3. So much of the first Title of the fifth Chapter of Repeal or yter. the First Part of the Revised Statutes, as limits the number the number, of public notaries and commissioners of deeds in the city of New- York, is hereby repealed. Revised Statutes, Vol. 2, p. 283. 3. § 44. Notaries public have authority to demand ac- Powers of public ceptance and payment of foreign bills of exchange, and to protest the game for non-acceptance and non-payjuent ; and to exercise such other powers and duties, as by the law of nations, and according to commercial usage, or by the laws of any other state, government or country, may be per- formed by notaries public. 4. § 45. They may also demand acceptance of inland bills *'•*'*• of exchange, and payment thereof, and of promissory notes, and may protest the same for non-acceptance or non-pay- ment, as the case may require. But neither such protest, nor any note thereof, made by any notary in this state, shall be evidence in any court of this state, of any facts therein contained, except in the cases specified in the next section, 5. § 4G. In case of the death or insanity of any notary pub- Their protests; lie, or of his absence or removal, so that his personal attend- . ance or his testimony cannot be procured in any mode pro- vided by law, the original protest of such notary, under his official seal, upon such seal and his signature being duly proved, shall be presumptive evidence of the fact, of any de- mand of acceptance or of payment therein stated. by them. 6. § 47. Any note or memorandum made by a notary Memorandums public in his own hand writing, cT signed by him, at the foot of any protest, or in a regular register of official acts kept by him, shall, in the cases specified in the last section, be presumptive evidence of the fact of any notice of non-accept- ance or non-payment, having been sent or delivered, at the 524 OFFICERS — classification of. time and in the manner stated in such note or memo- randum. Their Habiiitw 7. § 48. FoT any misconduct in any of the cases where notaries public appointed under the authority of this state, are authorized to act, either by the laws of this state or of any other state, government or country, or by the law of na- tions or by commercial usage, they shall be liable to. the parties injured thereby, for all the damages sustained ; and shall be subject to criminal prosecution and punishment in the same cases, and in the same manner, in which other public officers in this state would be liable for punishment in any official duty or act authorized or enjoined by the laws of this state. OFFICERS"Classilication of. Revised Statutes, Vol. I, p. 95. CHAP, V. Of the Public Officers of this State, other than Militia and Town Officers ; their election or appointment ; their qualifi- cations, and the tenure of their offices. TiTLi 1.— Of the number, location, and classification of the public officers of the state. TiTLB 2. — Of legislative officers. Title 3.— Of executive officers. Title 4.— Of judicial officers. TiTLB 5. — Of administrative officers. Title 6.— General provisions applicable to all the civil officers of this state, or to cer- tain classes of them. TITLE I. OP THE NUMBER, LOCATION, AND CLASSIFICATION OF THE PUBLIC OFFICERS OF THE STATE. 8ie. 1. Namesandnamberof the several civil officers. 2. Common Councils of cities (except New- York) to determine the number of com- missioners of deeds and notaries. S. Copy of such determination to be transmitted to {OTemor. 4. Nominations to be made conformably to such determination. 5. County courts to determine number of commissioners of deeds in towns. OFFICERS— CLASSIFICATION OF. 525 •8. Such commissioners not to be increased unless in conformity to Buch determination 7. What oflSces to be vacated under this chapter. 8. In certain cases no new appointment to be made. 9. Circuit jndges, &c. where to reside. 10. County judges and recorders where to reside. 11. Surrogates, fee. local officers. 13. Justices of the peace where to reside, &.C. 13. Commissioners of deeds where to reside, tec. 14. Notaries public where to reside, tec 15. Sheriffs, &;c. where to reside. 16. Administrative officers confined in the execution of their duties. § 1. There shall be elected or appointed, in the manner classification of • 1 1 1 • • • 1 rr- ^**® *^^^'^ officers. herein after declared or prescribed, the following civil offi- cers, who shall be arranged in classes to be denominated legis- lative, executive, judicial and administrative ; but this clas- sification shall not be construed as defining the legal powers of the officers, that shall be assigned to either class ; 1. In the class of Legislative Officers. Thirty-two senators ; One hundred and twenty-eight members of the assembly ; Legislative. A speaker of the house of assembly from its own body ; A clerk, a sergeant-at-arms, a door-keeper, and so many assistant door-keepers, messengers, and other subordinate officers for each house of the legislature, as such houses shall respectively deem necessary. 2. In the class of Executive Officers. A governor and lieutenant-governor ; A secretary of state, a comptroller, a treasurer, an attor- ney-general, a surveyor-general, and a state printer ; A private secretary for the governor, and a door-keeper of the executive chamber. Executive. 3. In the class of Judicial Officers. A chancellor, a register of the court of chancery, to reside and keep his office in the city of Albany, and an assistant register of the same court, to reside and keep his office in the city of New- York ; A clerk of the said court, to reside and keep his office in the village of Pougkeepsie, and a clerk thereof, to reside and keep his office in the village of Utica ; A sergeant of said court, to reside in the city of Albany, and a sergeant thereof, to reside in the city of New- York ; Judicial. Chancery. 5«6 OFFICERS CLASSIFICATION OF. Five masters and two examiners in chancery in the city and county of New-York, and not more than three masters and three examiners in every other county of this state ; So many commissioners to take affidavits to be read in the said court, as the chancellor shall from time to time think proper to appoint ; supmne eourt. , A chief justicc and two justices of the supreme court; three clerks of the said court, one to reside and keep his of- fice in the city of Albany, one in the city of New-York, and one in the village of Utica ; and three criers of the said court, one to reside in Albany, one in New-York, and one in the county of Oneida ; A commissioner to perform the duties of a justice of the supreme court at chambers, to be denominated " Supreme Court Commissioner," to reside in each of the following counties and places : In the counties of Allegany, Cattarau- gus, Chautauque, Erie, Franklin, Gennesee, Herkimer, (1) Lewis, (2) Madison, (3) Niagara, Oneida, Ontario, Orange, St. Lawrence, Suffolk,(4) Sullivan, Tompkins, Ulster and Westchester ; (5) one to reside either in the county of Tioga or in the county of Steuben ; in the town of Plattsburgh, in the county of Clinton ; in the village of Catskill, in the coun- ty of Greene ;(6) in the village of Poughkeepsie, in the coun- ty of Dutchess ; in the village of Watertown, in the county of Jefferson ; in the village of Canajoharie, in the county of Montgomery ;(7) in the village of Glen's Falls, in the coun- ty of Warren; (8) in the town of Kingsbury, in the county of Washington ; and in the towai of Whitehall, in the county of Washington ; So many commissioners to take affidavits to be read in the supreme court, as the justices thereof shall think proper to appoint ; A clerk of the court for the trial of impeachments and the correction of errors, a crier, and a sergeant of the same court ; A reporter of the decisions of the supreme court, and of the decisions of the court for the trial of impeachments and the correction of errors, to be denominated the " state reporter ;" A reporter of the decisions of the court of chancery, to be denominated the " chancery reporter ;" Court of errors. Reporters. (] , 3 & 5) Laws of 1828, chap. 237, April 17, 1828. (2 & 4) lb. chap. 2, January-, 7, 1828. (6) lb. chap. 133, March 28, 1828. (7 & 8) lb. chap. 244, April 18, 18S8. OFFICERS— CLASSIFICATION OF. 5«7 A circuit judge for each of the eight circuits, and a clerk circuit •ourta. of the court of equity of each circuit ; A first judge and four judges of the county courts of each coumy couns. county, except the city and county of New- York, in which there shall be a first judge of the court of common pleas ;(9) A chief justice and two associate judges of the superior court of law in and for the city and county of New-York;(10) A clerk, a sheriff, a surrogate, and a district attorney for ci«rk9,icc. each county ; A coroner for the city and county of New- York, and four coroners, coroners for every other county ; A register of the city and county of New- York, and a clerk New- York, of the court of oyer and terminer and general sessions of the same city ; A recorder of each of the cities of Albany, New- York, Recorders. Hudson and Troy ; A clerk of the city of Hudson, and a marshal for each of cierke of cities the cities of Hudson and Troy ; Three special .justices for the city of New- York, and a special justices, clerk of the police office in said city ; Three justices of the marine court for the city of New- York, and a clerk of said court ; An assistant justice for the first, second and third wards ; an assistant justice for the fourth and sixth wards ; an as- sistant justice for the fifth, eighth and fourteenth wards ; an assistant justice for the seventh, tenth and thirteenth wards ; an assistant justice for the ninth and eleventh wards, and a clerk to each of the said assistant justices, and two assist- ant justices for the twelfth ward of the city of New-York ; Three justices of the justices' court of the city of Albany, and a clerk of said court ; A justice of the peace for the fifth ward of the city of Albany ;(11) Three justices of the justices' court of the city of Hudson, and a clerk of said court ; Not less than three nor more than six justices of the peace for the city of Schenectady ; Four justices of the peace for each town in the state ; justices. Not less than two, nor more than four commissioners to take the proofs and acknowledgments of deeds, and to per- of deeds. (It) Laws of 1823, chap. 321, April 21, 1828. (10) lb. (11) lb. chap. 178, April 5, 1828. 528 ^ OFFICERS— CLASSIFICATION OF. form certain other duties, to be denominated " commissioners of deeds," for each town in the state, and so many of the like commissioners for each of the cities in this state, a» shall from time to time be determined in the manner herein after provided ; Notaries p»bnc. Thirty-six commissioners of deeds for the city and county of New- York ; Fifty notaries public in the city and county of New-York ; So many notaries public in each of the other cities of this state, as shall from time to time be determined, in the man- ner herein after provided ; So many notaries public in each of the counties of this state, except the city and county of New- York, as the go- vernor and senate shall think proper to appoint ; counseuors, &c. And SO many counsellors, solicitors and attornies, as shall from time to time, be licensed to practice by the several courts of law or equity in this state. 4. In the class of Administrative Officers, Administratire. Four caual Commissioners, two of whom shall be acting- commissioners ; canaiofficere. Two caual appraisers, and so many superintendents of canal repairs as the canal board shall from time to time appoint ; Mayors, &c A mayor of each of the cities in this state ; A president of the village of Utica ; County treasu- A couuty treasurer for each county, except the city and county of New-York ; Loan-officers under the act of the fourteenth of April, one thousand seven hundred and ninety-two, entitled " An act for loaning monies belonging to this state ; for each county in which vacancies shall occur in the office of any such officer; Commissioners of loans under the act of the eleventh of April, one thousand eight hundred and eight, entitled " An act authorizing a loan of monies to the citizens of this state,"" for each county in which vacancies shall occur in the office of any such officer ; Prison; inspec- Loau-officcrs for the county of Putnam, whenever vacan- cies shall occur in the office of any such officers ; Five inspectors of the state prison at Auburn ; rem Loan officers. tors OFFICERS— ADMINISTRATIVE. 529 A superintendent of the Onondaga salt springs, and an in- spector of salt in the county of Onondaga ; A superintendent of the salt springs at Montazuma ; Three harbor-masters of the port of New-York, and so many wardens and branch pilots for the same port; as the governor and senate shall think proper to appoint ; Not more than fifty-four auctioneers for the city and county of New-York, four for the city and county of Albany, and one or more for every other city, village or county, where they shall be deemed necessary by the appointing power ; An inspector of flour and meal for each of the cities of Al- bany and New-York, and one or more such inspectors in every other city or county, where they shall be deemed ne- cessary by the appointing power ; An inspector of beef in the city of New- York, to inspect and put up beef, killed according to the rites of the people called Jews; Not more tlian ten inspectors of beef and pork for the city and county of New- York, and one or more such inspectors in every other county where they shall be deemed necessary, by the appointing power ; One inspector of pot and pearl ashes for the city and coun- ty of New-York, and not more than tw^o such inspectors in every other county where they shall be deemed necessary by the appointing power ; Not less than seven, nor more than ten inspectors of lum- ber for the city and county of New- York ; not less than two, nor more than four for the city of Albany ; one for the city of Hudson; and so many in other parts of the state, as may be deemed necessary by the appointing power ; An inspector-general of staves and heading for the city and county of Albany, and one for the city and county of New- York ; Not less than eight, nor more than ten cullers of staves and heading, for the city and county of New- York ; not less than four, nor more than six, for the city and county of Al- bany ; two or more for the city of Hudson, and so many in the other counties as shall be deemed necessary by the ap- pointing power ; Five inspectors of sole leather for the city and county of New- York; two for the city and county of Albany ; two for the city of Troy ; one for each of the cities of Hudson and Schenec- 67 Salt springi. Harbor Auctioae«rf. Inspector! of flour. Inspector of beef, Itispectoraof aehcB. Inspectors of lumber. Inspectors of stavea and head- ing. Cullers of do. InspccfotB of Bole-leathcr. wo OFFICERS— ADMINISTRATIVE. tady ; one for the village of Brooyyn, in the county of Kings ; one for the village of Catskill, in the county of Greene ; one for the port of Sag-Harbour, in the county of Suffolk ; one for the village of Lansingburgh, in the county of Rensselaer ; one for the 'village of Waterford, in the county of Saratoga ; one for the village of Utica, in the county of Oneida ; one for the village of Ithaca, in the county of Tompkins ; one for the vil- lage of Auburn, in the county of Cayuga ; one for the village of Rochester, in the county of Monroe ; one for the village of Nevi^burgh, in the county of Orange ; one for the village of Batavia, in the county of Genesee ; one for the county of Levi^is ; one for the county of Onondaga ; one for the county of Herkimer ; one for the county of Montgomery ; one for the county of Madison ; one for the county of Ulster ; one for the county of Oneida ; one for the county of Jefferson ; two for the county of Ontario, one of whom shall reside in the village of Geneva; and so many such inspectors for the several other counties or villages in this state, as shall be deemed necessary by the appointing power ; Inspector of flax- ^^ insDCctor of flax-sccd for the citv and count v of New- York; Tnsppctorsof An iuspoctor of leaf tobacco for the city and county of tobacco. j^e^.York ;(12) Inspectors of fish Four inspectors of fish for the city of New- York ; one for the county of Jefferson ; one for each of the towns of Rich- land and Orwell, in the county of Oswego ; and one or more in the other counties of the state, as may be deemed neces- sary by the appointing power ; Inspectors of oil. An inspector of fish or liver oil, for each of the cities of New- York, Albany, and Troy ; Inspectors of An iuspoctor of distilled spirits, for the city of New- York ; ^^^"^' and one for each other county of the state, where such an appointment shall be deemed necessary by the appointing power ; Inspectors of An iuspcctor of hops for each of the cities of New- York, ^°^'' Albany and Troy ; and for each of the villages of Utica, Oswego, Buffalo, Ithaca, and Whitehall ; Weigher. Qne wcighor at the quarantine ground, on Staten-Island ; A health officer, a resident physician, and a health com- missioner, for the city and county of New- York ; A health officer for the city of Albany, and one for the city of Hudson ; (IC) Laws of 1S26, chap. 274, April 19, 1825. Health officers. OFFICERS-iADMINISTRATIVE. 531 So many directors of incorporated banks as the state may Baok directow. be authorized, by the acts of incorporation, to appoint ; Fifteen wreck-masters, in the county of Suffolk ; twelve Wreckmartcrs. in the county of Queens ; three in the county of Kings ; two in the county of Richmond, and two in the county of West- chester ; A county sealer for each county ; and the sealers for the county etaiere. counties of Albany and Oneida, shall be deemed assistant state sealers. Not less than three, nor more than five commissioners to inspectors of ' turnpikes. inspect turnpike roads, in each county in this state, in which there shall be a turnpike road whose act of incorporation con- tains no provision for the appointment of special inspectors of such road ; An agent for the Onondaga tribe of Indians, five or more Indian officers superintendents ; and not less than three, nor more than five superintendents of the Brotiiertown Indians ; An attorney for the Oneida Indians ; And a receiver of the profits of the state pier at Sag-Har- ^^^^^f **^*^' bour.(13) § 2. The common council of each of the cities in this state, commissioners 1 /> r ^^ deeds and no- exccpt the city of New- York, on or before the first day of t^ries in certain January m the year one thousand eight hundred and thirty, ed. and once at the end of every two years thereafter, shall, by resolution of the board, determine and limit the number of commissioners of deeds and notaries public to be next ap- pointed in and for their respective cities. § 3. A copy of each determination to be made by the com- iwd. mon council of any city, under the corporate seal, and at- tested by the mayor of the city, shall be transmitted to the governor within twenty days after the same shall have been made. § 4. No nomination or appointment shall be made by the ^'''^ governor to any of the offices so limited, as stated in the pre- ceding sections, unless in conformky to the limitation. (13) Compiled from the constitution and from thii statutes in force in Septembrrf 1827, except where otherwise specially noted ; and except also, tl>al the limitations of the num- ber of masters and examiners in chancery, of commissioners of deeds and public notaries in cities, of acting canal fomnii^sioners, of inspectors of pot and pearl ashes in tlie city of New- York, and of wrcck-mastcrs, arc new provisions. 53t OFFICERS ADMINISTRATIVE. •fdSdlSfSJJSi ^ ^- 'Th^ judges of the count>%^ourt in each county, shall, at each county court, next preceding the annual meeting of the judges and supervisors for the purpose of appointing commissioners of deeds, determine by rule of court the num- ber of commissioners of deeds in each town of the county, for the year next ensuing such annual meeting. iwd. § 6. At such annual meeting, no increase shall be made in the number of such commissioners in any town, unless in con- formity to such previous determination of the judges. ^TSItTd.*" ^ "^^ ^^ limitation contained in this Chapter, or to be made in the mode herein prescribed, of the number of persons to be appointed to any office, shall be construed to vacate the office of any persons now being, or who shall then be in office, except commissioners of deeds and notaries public in cities, whose offices shall be vacated on the first day of Janu- ary, one thousand eight hundred and tliirty. Sintienrto ^ ®* If» ^t the cxpiratiou of the term of office of any one or k€in»d«. more persons holding any of the offices so limited or to be limited, the number of persons holding the same office shall exceed the limitation then in force, no nomination or ap- pointment of any one or more persons shall be made to such office for the district, county or place to w^hich the limitation applies, until the number of persons holding the same shall be so reduced, as not to exceed the limitation then in force. t^bow£&i § ©• The offices of circuit judge, supreme court commis- * '^^ sioner, and a master and examiner in chancery, shall so far be deemed local, as to require the residence of each judge, master and examiner, within the circuit, district, county or place, for which he shall be appointed. (14) »nd"rJ^ordeS! i ^0, Judgcs of county courts, and recorders of cities, must reside within the county or city for which they shall be respectively appointed. 8un»gatet, fcc. § 11. Surrogates, supreme court commissioners, commis- sioners of deeds, and justices in cities, are local officers ; and each officer shall be confined, in the execution of his (14) Laws of 1823, p. 214, ^ 14, as to circuit jmiges. OFFICERS— ADMINISTRATIVE. 533 duties, to the district or county for which he shall be ap- pointed. § 12. Justices of the peace must reside in the town for juaucei, which they were chosen; and shall not try a civil cause in any other town, except in cases otherwise provided for by law. § 13. Commissioners of deeds must reside within the re- spective towns for which they shall be chosen or appointed, but may execute the duties of their office at any place within the county. Commissioners of deeds. § 14. Notaries public must reside in the respective cities or counties for which they shall be appointed, but may exe- cute the duties of their office at any place within the state. Notaries. § 15. The following officers, namely; sheriffs, clerks of counties, coroners, district attornies, marshals of cities, the clerk of the court of oyer and terminer and general sessions in New- York, the register and clerk of that city, police jus- tices and assistant justices in that city, and their clerks, are so far local, as to require the residence of every person hold- ing such office, within the county or city, in which the duties of his office are required by law to be executed. Sheriffs, &.c. § 16. Every officer included in the class of administrative officers, shall be confined in the execution of his duties to the district, county, city, town, or village for which he shall be appointed, except where otherwise provided for by law» Administrntive offictrs. 534 OFFICERS— LEGISLATIVE. TITLE II. OF LEGISLATIVE OFFICERS. gpnators, &c; term of office. Sect. 1. Senators and members of assembly, for what term chosen, 2. How chosen. 3. Qualifications of senators : proceedings when two or more are chosen to ascertain their lernis of service. 4. Members of the legislature ineligible to certain civil appointments. 5. Persons holding offices under U. States, ineligible to seat in legislature. If mem- bers of legislature accept offices under U. States, their seats vacated. 6. When members of legislature elected to congress shall be deemed to have accepted. 7. Members of legislature not to be appointed to certain offices by the governor. 8. When senaie to choose a temporary president. 9. When president of the senate to act as governor. § 1. Senators and members of assembly are chosen by the people ; senators for four years, members of assembly annually. (15) How chosen. § 2. Senators are chosen by districts ; menibers of ascm- bly by counties. One senator must be chosen annually in each senate district, and at least one member of the assem- bly in each county of the state, separately organized. (16) Qualifications of senators, &c. § 3. Senators must be freeholders ; and whenever two or more senators shall be chosen at any election, one or more of whom shall be chosen to supply a vacancy, and one for the regular term, it shall be determined by lot, in such manner as the senate shall direct, which of them shall be considered as elected for the longest term, without regarding any designa- tion upon the ballots given for the persons so chosen. (17) Ineligible to cer- tain ofliccs. § 4. No member of the legislature can receive any civil appointment from the governor and senate, or from the legis- lature, during the term for which he shall have been elect- ed.(18) U.S. officers. § 5. No pcrsoH, being a member of congress, or holding any judicial or mihtary office under the United States, can hold a seat in the legislature. If any person shall, while a ' member of the legislature, be elected to congress, or be ap- pointed to any office civil or military under the government of the United States, his acceptance thereof shall vacate his seat in the legislature. (19) (15) Const, art. 1, sec. 2. (16) Const, art. 1, sec. 5 & 7. (17) Const, art. 1, ^ Q ; Laws of 1824, p. 317. (18) Const, art. 1, $ 10. (19) Const, art. 1, $ 11. OFFICERS— EXECUTIVE. 535 § 6. If a person elected a member of the legisture, shall, u. states officers, during the term for which he was chosen, be elected a mem- ber of congress, he shall be deemed to have accepted the office of member of congress, unless within ten days after the commencement of the term of service as such member, he shall give written notice to the secretary of state, of his determination not to accept such election to congress. § 7. No person elected to either branch of the legislature, biiu/ttToffice.'^' shall be appointed by the governor to any office, during the term for which such person shall have been elected ; but this prohibition shall not extend to those officers whose appoint- ment is, by the constitution, vested in the governor. (20) §8. Whenever the lieutenant-f^rovernor shall act as cro- Tomporary pre- * o o sident ol the se- vernor, or shall not attend the senate, that house shall choose Je'ehoseu?" ^"^ a temporary president from its own body, to serve until the lieutenant-governor shall return to preside therein. (21) § 9. If durinfT a vacancy of the office of governor, the lieu- whcn to act aa ^ ^ -^ & ' governor. tenant-governor shall be impeached, displaced, resign, die, or be absent from the state, the president of the senate, so chosen, shall act as governor, until the vacancy shall be filled, or the disability shall cease ; and the senate shall choose from its own body, another person to preside therein. (22) TITLE III. OF EXECUTIVE OFFICERS. Skct. I. Governor and lieutenant-covcrnor when to be chosen. 2. Proceedings when two or more candidates rtccive an equal number of votes for governor. 3. The like as to candidates for lieutenant-governor. 4. Qualifications recjuired for governor. 5. 6. Secretary of state, comptroller, attorney-general, and surveyor-general, how and when appointed. 7. Tenure of their offices. 8. Treasurer, how and when appointed. 9. Nominations of state officers, when to be made. 10. Proceedings thereupon in case the nominations agree. 11. Proceedings in case they disagree. 12. State printer, how appointed, and tenure of his office. 13. Governor's private secretary, and door-keeper of executive chamber, how ap- pointed. ^ 1. A governor and lieutenant-governor shall be chosen Governor and at each biennial general election, from and after the general nor. (20) Laws of 1823, p. 244, «J 3. (21) Const, art. 1,^3. (22) Const, art. 3, ^ 7. 536 OFFICERS— EXECUTIVE. election in November, one thousand eight hundred and tvv^enty-two.(23) v Equality of votes § 2. In case two or more persons receive an equal and the highest number of votes for governor, at any election, it shall be the duty of the board of state canvassers to lay be- fore the legislature, on the first day of its next session after such election, a certified statement of the votes canvassed by them ; and the two houses shall immediately proceed to choose, by joint ballot, one of those persons having such equal number of votes, to be governor. (24) The like for lieu- tenant-governor. § 3. In case two or more persons shall receive an equal and the highest number of votes for lieutenant-governor, a statement of the canvass of such votes shall in like manner be laid before the legislature : and the two houses shall pro- ceed in the same manner to choose by joint ballot, one of those persons having such equal number of votes, to be lieutenant-governor. (24) *^vemw^^'^"^ °^ ^ ^* ^^ person is eligible to the ofiice of governor, unless he shall be, 1. A native citizen of the United States ; 2. A freeholder ; 3. Thirty years of age ; 4. And shall have been five years a resident within this state, unless he shall have been absent during that time, on public business of the United States, or of this state.(25) h ^**^^ oSed!' ^ ^' ^^^ secretary of state, the comptroller, the attorney- general, and the surveyor-general, are appointed by the legislature, as follows : The senate and assembly each openly nominate one person for each of those offices respectively, or for such of them as are then to be filled ; after which, they meet together ; if the nominations^^re found to agree, the person nominated is declared to be appointed; if the nomi- nations do not agree, the appointment is then made by the joint ballot of the senators and members of assembly.(26) « . And when. § 6. Such appointment shall be made once in every three years, from and after the first Monday of February, in the (23) Const, art. 3, sec. 1 ; Laws oflS^i, p. 267, sec. 1. (24) Const, art. 3, sec. 3. (35) Const, art. 3, sec. 2. (26) lb. art. 4, see. 6. OFFICERS— EXECUTIVE. 587 year one thousand eight hundred and twenty-three ; or as often as vacancies shall occur. § 7. The persons so appointed hold their offices for three '^*"X°ii!''*'' years, unless sooner removed by concurrent resolution of the senate and assembly. (26) § 8. The treasurer is appointed by the legislature in the Treasurer, same manner, and such appointment is made annually. (26) ^ 9. The senate and assembly shall proceed to nominate 8uti"offic"r»! each of the several state officers above named, on the first Monday in February in each year, during which his term of office shall expire. If an appointment shall be necessary to supply an existing vacancy, they shall fix, by concurrent resolution, the day on which they will proceed to nominate for such appointment. § 10. If, on the comparison of such nominations they be Proceedings in "' ^ • case they afree. found to agree, the president of the senate, shall declare such agreement, and that the persons so nominated are chosen. Copies of the resolutions of the two houses by which such nominations were made, shall be certified by the respective presiding officers thereof, and attested by their clerks ; which shall be delivered to the person appointed, and shall be evi- dence of his appointment. § 11. If the nominations disagree, and the officer be i" <^*»e they dia- ° agree. chosen by a joint ballot, the result of such ballot shall be certified by the presiding officers of the two houses, and attested by the clerks thereof; which certificates shall be delivered to the person so chosen, and shall be evidence of his appointment. § 12. The state printer shall be appointed bylaw, and state printer, shall hold his office during the pleasure of the legislature. § 13. The private secretary of the governor, and the door- Governor', pn- keeper of the executive chamber, shall be appointed by the ^''c.^ eecretarj-, governor, and hold their respective offices during his pleasure. 26) Const, art. 4, section 6. , ^ 68 5J8 OFFICERS APPOINTMENT OF JUDICIAL, &C. TITL.E IV. OF JUDICIAL OFFICERS. » Art. 1. — Of judicial officers appointed by the governor and senate. Art. 2. — Of judicial officers appointed by courts of justice. Art. 3.— Of judicial officers appointed by the local authorities of a county or city. Art. 4.— Of judicial officers elected by the people. ARTICLE FIRST. OF JUDICIAL Ori'ICERS APPOINTED BY THE GOVERNOR AND SENATE. SicT. 1. Chancellor, judges, &c. how appointed. 2. Tenure of offiees of chancellor, justices of the supreme court and circuit judges. 3. Chancellor, justices of the supreme court, and circuit judges can hold no other office. 4. Judges of county courts, &c. hold for five years, subject to removal. 5. If office of first judge be vacant, governor to designate a successor in his nomination. 6. Tenure of office of masters and examiners in chancery. 7. Masters in chancery required to be counsellors or solicitors. 8. Blasters and examiners prohibited from acting in certain cases. 9. Surrogates, &c. how appointed. 10. Tenure of their offices. 11. Supreme court commissioners required to be counsellors at law. 12. Marshals of Hudson and Troy how iippointed. chan^cello^^&c. ^ J, Thc chanccllor, the justices of the supreme court, and the circuit judges, the judges of county courts, the recorders of cities, and masters and examiners in chancery, are nomi- nated by the governor, and appointed by him, with the con- sent of the senate. The chief justice and associate judges of the superior court of law^ in and for the city and county of New- York, shall be nominated and appointed in the same manner. (27) Tenureof certain ^ 2. The chanccllor, the justiccs of the supreme. court and the circuit judges, hold their offices during good behaviour, or until they respectively attain the age of sixty years ; but may be removed by a joint resolution of the two houses of the legislature, if such resolution be concurred in by two- thirds of all the members elected to the assembly, and a ma- jority of all the members elected to the senate. (28) Can hold no §3. Neither the chancellor, nor a justice of the supreme other office. ^ . . . , i i , re i ,• court, nor a circuit judge, can hold any other omce or public (27) Const, art. 4, section 7 & 12, and laws of 1828, chapter 137, March 31, 1828, section 2 ; lb. chapter 321, sect. 1. » (28) Const, art. 5, section 3 & 5^ and art. 1, section 13. OFFICERS APPOINTMENT OP JUDICIAL, - gree of counsellor of the supreme court, or of solicitor or counsellor in the court of chancery. (32) § 8. No master or examiner in chancery shall act as such. Masters and e.va . , . , r 1 • * r 1 • nunors not to act either in the court ot chancer)', or in any ol the equity in certain cases, courts of this state, in any cause or matter in which he shall be solicitor or counsel, or which shall be prosecuted, defended, or in any manner managed or directed, by any solicitor or counsellor, with whom such master or examiner shall be di- rectly or indirectly connected in business. (33) § 9. Surrogates ; supreme court commissioners ; commis- . snrropates, &c sioners of deeds within the city and county of New- York, ''""'^^'p^*"^'"'- ' and in the several cities of this state ; notaries 'public ; jus- tices of the marine court in the city of New- York ; jus- (29) Const, art. 5, section 7. (30) Const, art. 5, section fi, and laws of 1828, chapter 321, April 21, 1828. (31) Const, art. 4, section 12. (K) LaAva of 1818, p. 44, ^ 3. n:\) Law!»ofiP2», p. :i8, ^2. 540 OFFICERS — appointment op, by courts op justice. tices of the justices' court in the cities of Albany and Hud- son, and all other justices in cities, except those of whom the constitution directs the mode of appointment, shall be nomi- nated by the governor, and appointed by him, with the consent of the senate. (34) '^^'Tfficw!^*'' § 10. The justices of the marine court in the city of New- York shall hold their offices for five years ; all the jus- tices mentioned in the preceding section, and surrogates, shall hold their offices for four years ; the other officers named in the preceding section shall hold their offices for two years. (34) suprernc%urt § 11. No pcrson shall be appointed a supreme court com- missioner, unless he be at the time a counsellor at law of the supreme court. MnrshaisofHud- § 12. The marshal of the city of Hudson, and the marshal eon and Troy. "* ^ j ^ of the city of Troy, shall be appointed by the governor, with the consent of the senate, and shall hold their offices respec- tively for three years. (35) ARTICLE SECOND. OF JUDICIAL OFFICERS APPOINTED BY COURTS OF JUSTICE. Sect. 13. Clerk of oyer and terminer in New- York how appointed and tenure of hi« office. 14. Other clerks of courts how appointed ; clerk of mayor's court in Hudson to be clerk of the city. 15. District attornies how appointed. Must be counsellors. 16. Tenure of office of clerks and district attornies. 17. Registers in chancery how appointed ; tenure of their offices. 18. Reporters how appointed ; tenure of their offices. 19. Must be counsellors of five years standing. . 20. Counsellors, solicitors, and attornies how appointed. 21. Supreme court and chancellor to prescribe rules and regulations as to appointment of counsellors, &c. 22. Solicitors and counsellors licensed in chancery, authorized to practice in all the courts of equity. 23. Coansellors, &c. may be removed or suspended ; tenure of their offices. 24. Causes of removal. 25. Effect of removal. 26. Clerks and registers prohibited from practising as counsellors, &c. 27. Sheriffs and coroners also prohibited. 28. Other officers of courts how appointed. Clerk of oyer and § 13. The clcrk of the court of oyer and terminer and ge- lerminermN.Y. ^q^^^ scssious of the pcacc in the city and county of New- (34) Lawsofl823, p. 02, sect. 7& 8; lb. p. 243, sect. 1. (35) Laws of 1824, p. 315, sec. 1, as to Troy. OFFICERS APPOINTMENT OF, BY COURTS OF JUSTICE. 541 York, is appointed by, and holds his office during the plea- sure of the court of general sessions of the peace in that city. (36) § 14. Clerks of courts, except those whose appointment is ^^^^/ourt?" °^ otherwise provided for, are appointed by the courts of which they respectively are clerks. (37) The clerk of the mayor's court of the city of Hudson, shall, by virtue of his office, be clerk of said city. § 15. District attornies are appointed by the judges of the ^jj"^''!'^^ *"'J|JJd^ county courts of the respective counties. No person shall be appointed a district attorney, unless he be at the same time a counsellor at law of the supreme court ; but if there be no such counsellor residing in the county, or none willing to accfept the office, an attorney at law may be appointed. (38) § 16. Such clerks appointed by courts, and district attor- cierks and de- nies, hold their offices for three years, but may be sooner nTreoniTeTr'iffi^ removed by the court appointing them. (39) "^' § 17. The register and assistant-register in chancery are Regigterf in appointed by the chancellor, and hold their offices during his '^^'^""'y- pleasure. (40) § 18. The state reporter shall be appointed by the lieu- Reporter, tenant-governor, the chancellor and chief justice, and hold his office during their pleasure. The reporter in chancery shall be appointed by, and hold his office during the pleasure of, the chancellor. (41) Ibid. § 19. No person shall be appointed a reporter who shall not be, at the time of his appointment, a counsellor at law or in chancery, of at least five years standing. § 20. Counsellors, solicitors and attornies, shall be ap- couMeiior., &.c. pointed and licensed to practice by the several courts of law and equity in which they intend to practice. Their li- censes shall be signed by the chancellor, chief justice, or pre- (36) Const, art. 4, section 13. (37) Con«t. art. 4, section 9. (38) Laws of 1818, p. 306, section 4 ; 1824, p. 314, sections. (39) Const, art. 4, section 9. (40) lb. section 13. (41) Laws of 18Q.3, p. 208, section 3 ; 1825, p. 385. ^^^ OFFICERS APPOINTMENT OF, BY COURTS OP JUSTICE. siding judge of the courts by which they shall respectively be appointed. (42) Ibid. § 21. The supreme court shall prescribe the rules and regulations under which •counsellors and attornies shall be appointed and licensed in that court, and the chancellor those under which counsellors and solicitors shall be so appointed and licensed in the court of chancery, and the several courts of equity. (42) lb. their muho- ^ 22. All solicitors and counsellors, licensed in the court of chancery, shall be authorized to practice as such in all the courts of equity. (42) Tb; tenure of of- ^ gs. Counscllors, soHcitors, and attornies may be re- moved or suspended by the several courts in which they shall be appointed ; but subject to such removal and suspension, they hold their offices during life. (43) ^SfeZov^i § 24. Any counsellor, solicitor or attorney, may be re- moved or suspended, who shall be guilty of any deceit, mal- practice or misdemeanor ; (44) but not until a copy of the charges against him shall have been delivered to him, by the clerk of the court in which the proceedings shall be had, and an opportunity shall have been given to him, of being heard in his defence. Ibid. § 25. The removal or suspension of any counsellor, soli- citor or attorney by the chancellor or the supreme court, from their respective courts, shall operate as a removal or suspension in every court in the state ; but in every other case, the removal or suspeosion shall be confined to the court in which it shall be declared. Who may not § 26. No clcrk, dcputv clcrk, register, assistant register, or deputy register of any court, shall, during his continuance in office, practice in such court as counsellor, solicitor or attorney. (45) Ibid. § 27. No sheriff, under sheriff, deputy sheriff, sheriff's clcrk, or coroner, shall, during his continuance in office, (42) Laws of 1H23, p. 215, sect. 10. (43) 1 R. L. 417, sec. 5. (44) ] R. L. 417, « 5. (Ai) lb. Mnion 10. OFFICERS APPOINTMENT OF, BY LOCAL AUTHORITIES. 54S practice as a counsellor, solicitor or attdrncy, in any court of law or equity. (45) § 28. All officers of courts, other than those above men- ,l^//;t7 ''i^Jv^'aj!' tioned, shall be appointed by the courts of which they shall po^n**'^^- respectively be officers, and shall hold their offices during tho pleasure of the court so appointing them. ARTICLE THIRD. OF JUDICIAL OFFICERS APPOINTED BY TUB LOCAL AUTHORITIES OF A COUNTY OR CITY. Sect. 29. Commissioners of deeds in towns to be appointed by judges of county courts and boards of suporvisors ; mode of proceeding. 30. Supervisor ineligible. 31. Tenure of the oflicc ; how removed. 32. Causes of removal to be assigned. 33. Notice thereof to be given. 34. Special and assistant justices in New York how appointed ; and tenure of office. imissioners § 29. Commissioners of deeds in each town of the state n^.^, shall be appointed in the manner following: JoS' ''"""^ '"''" 1. The judges of the" county courts and the board of su- pervisors, in each county, shall meet at separate chambers on the day and at the place of the annual meeting of the board of supervisors in their respective counties. 2. Each body, when so met, shall nominate in separate lists the number of persons then to be appointed commis- sioners of deeds, in the several towns of the county. 3. They shall meet together, for the purpose of comparing their respective nominations, on the same day, or on the day * following that on which such nominations shall have been made. 4. If they shall agree in whole or in part in such nomina- tions, the persons on whom they so agree shall be appointed. 5. If they shall disagree in whole or in part in their nomi- nations, they shall immediately proceed to elect by joint ballot from the persons nominated, so many as shall be necessary to complete the number of commissioners then to be appointed. G. They shall make out a certificate of appointment, con- taining the names of the persons appointed by them* (45) 1 R. L. 417, section 10. 544 OFFICERS — appointment of, by local authorities. 7. The certificate shall be signed by the first or senior judge, and by the chairman of the board of supervisors, and shall be filed in the office of the clerk of the county. (40) Who ineligible. § 30. No supcrvisor shall be appointed a commissioner of deeds. (47) Tenure of office. ^31. Commissioners of deeds in towns shall hold their respective offices for four years, but may be removed by the judges of the county courts. (46) Removal from ^ 33. The causcs of such rcmoval shall be assigned by the judges in v^riting, and shall be filed in the office of the clerk of the county. (46) Ibid. § 33. No commissioner of deeds shall be removed until he shall have notice of the charges made against him, and an opportunity of being heard in his defence. (46) justicwj^n New- ^ g^ 'pj^g Special justices and assistant justices, and their clerks, in the city of Nev^r-York, are appointed by the com- mon council of that city. They hold their offices for the term of four years, and are removable by the county court in the same manner as justices of the peace in the towns. (48) (46) Laws of 1833, p. 244, section 4. [47] lb. p. 245. [48] Const, art. 4, sec. 7 & 14. OFFICERS ELECTED SY THE PEOPLE. 545 ARTICLE FOURTH. OF JUDICIAL OFFICERS ELECTED BY THE PEOPLE. Sect. 35. 36. 37. 58. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. Four justices to be elected in each town ; tenure of their offices. Not to be removed unless notice shall have been given, &c. When a new town is erected, how justices to be elected. Justices residing in such new town to be deemed justices thereof. Supervisor of such town to give notice of meeting to determine the classes of ju»- ces elected therein. Classes to be determined by drawing. How to be determined in case less than four be elected. If any justice neglects to attend, supervisor to draw for him. If supervisor be absent, &.c. town clerk to act for hiui. Certificates of drawing and of result to be made, filed, and recorded. If by erecting or altering a town, there be more than four justices therein, all to act. If by such erection or alteration a town be deprived of one or more justices, their places to be supplied. Proceedings when two or more justices are elected, to ascertain their terms. Sheriffs, clerks of counties, and register and clerk of New York, how chosen. Sheriffs can hold no other office, and cannot be re-elected at expiration of their office. Coroners, when and how to be elected. Sheriffs, clerks, and coroners in new counties, when to be chosen. § 35. There shall he four justices of the peace in each Justice* in towns town, divided into four classes, one of whom shall he annu- ally elected in the manner prescribed in Chapter sixth of this Act. Each justice hereafter chosen shall hold his office for four years, except when elected to fill a vacancy, or on the erection of anew town as hereinafter prescribed; and may be removed by the judges of the county courts. § 36. No justice of the peace can be removed until he shall ^^'"^jj^.' ^'■"'" have notice of the charges made against him, nor until an opportunity be given him of being heard in his defence. The causes of such removal shall be assigned by the judges in writing, and be filed with the clerk of the court. § 37. Whenever a new town shall be erected, an election justices for justices therein shall be held at the next general election thereafter, unless a special election shall be directed by law. m new towns. § 38. If there be one or more justices then residing in such new town, they shall be deemed justices thereof, and shall hold their ofhces according to their respective classes ; and only so many justices shall be chosen as shall be necessary to complete the number of four for such town. 60 Ibid. 546 OFFICERS — elected by the people. lb. notice of meeting to deter- § 39. After the election of justices in such new town, the mine classes, supcrvisor thereof shall, withirt six days after the completion of the canvass by the county canvassers, give notice in writ- ing, to the justices elected and to the town clerk, of the time and place where he will meet them, to determine by lot the classes of such justices ; which notices shall be served at least six days, and not more than twelve, previous to the time appointed therein for such meeting. lb. classes how de^te'imined!^^ § 40. At the time and place so appointed, the supervisor and town clerk shall cause to be written on separate pieces of paper, as near alike as may be, the numbers one, two three, four, if there shall have been four justices elected, and shall cause them to be rolled up as nearly alike as may be, and de- posited in a box. The persons elected justices shall sever- ally draw one of the said pieces of paper, and shall be class- ed according to the number written on the paper so drawn by him, and shall hold his office for such number of years, either one, two, three or four, as shall correspond with such number so drawn. Ibid. § 41. If less than four justices shall have been chosen, then ballots shall be prepared as above directed, with numbers written thereon, to correspond with the numbers of the classes which shall be vacant, and each person elected, shall, in like manner, proceed to draw one of the said ballots, and shall be classed according to the number so written on the ballot drawn by him, and shall hold his office according to such number. lb. neglect to at- § 42. If any person elected a justice shall neglect to attend to such drawing, the supervisor shall draw for him. If the supervisor shall be absent from his town, or unable to serve, or his office be vacant, the town clerk shall give the notice herein required, and perform the duties enjoined on sach su- pervisor. .3 of § 43. Duplicate certificates of such drawing, and of the '^ result thereof, shall be made, and certified by the supervisor and town clerk, or such one of them as shall attend the same, • one of which shall be filed with the town clerk and the other with the county clerk, and shall be recorded by the said tend OFFICERS ELECTED BY THE PEOPDE. 547 clerks in the books in which the canvasses of votes shall have been recorded ; and shall be conclusive evidence of the respective classes to which the persons so elected justices, belong. § 44. If by the erection of a new town or the annexing of S^j^^.^i^'/^ilJ^J a part of one town to another, there should at any time be ^ow their offices, more than four justices residing in any town, they shall not- withstanding hold and exercise their offices in the town in which they reside, according to their classes respectively. But on the expiration of the term of office of two or more justices, being in the same class, only one person shall be elected to fill the vacancy in such class. § 45. Whenever, by the erection of a new town, or the ^viRMMmmiTefrc- annexing of part of one town to another, any town shall be *^"'^*^'^* deprived of one or more justices, by their residence being within the part set off, the inhabitants of such town shall, at the next general election, supply the vacancy so produced in the classes to which such justices may belong : and if two or more justices be elected, the same proceedings shall be had, as before directed, to determine their respective classes. § 40. Whenever there shall be two or more justices cho- ^viKn"eh«ni"rfor sen at any election, one or more of whom shall be chosen to un«i<»'i' terms, supply a vacancy, and one for the regular term, the class to which each justice shall belong, and the term for which he shall serve, shall be determined by lot, in the presence of the supervisor and town clerk, within the time and in the man- ner herein before directed ; the same notice shall be given, the same proceedings had, and the result certified with the like effect as before declared. § 47. Sheriffs and clerks of counties, and the register and ^'fJew^ytS'" clerk of the city and county of New- York, are chosen by the electors in the respective counties, once in every three years, and as often as vacancies occur. (41)) § 48. Sheriffs can hold no other office, and are ineligible to the same office for the next three years, after the termina- tion of their offices. (50) (49) Const, article 4, section B. (50) Ibid. Disal>i!itio3 of sllel•ill■^^. 548 OFFICERS ADMINISTRATIVE, HOW APPOINTED. coronerg; ^ 49. One coroner in the city and county of New- York, and four in every other county in the state, shall be elected in the same manner and at the same general election as sheriffs, hold their offices for the same term, and be remova- ble in like manner. (51) ^^^'JountiJs"^"' § 50. The sheriffs, clerks and coroners first chosen in every county that may hereafter be erected, shall be elected at the general election next succeeding the erection of the county, or at such other time as the legislature shall direct. TITL.E V. OF ADMINISTRATIVE OFFICERS. Sect. 1. Who •oramissioners of land-office. 2. Who commissioners of the canal fund. 3. Canal commissioners how to be appointed ; tenure of their office, 4. Vacancies in the office of canal commissioner how to be supplied. "' "^ 5. Canal board of whom to consist. 6. Superintendents of canal repairs, how appointed and removed. 7. C'ollectorsofcanal tolls how appointed ; tenureof their offices. 8. Comptroller may remove, and may make temporary appointments. 9. Canal appraisers how appointed. Not to act when interested. .10. Who trustees of state library. 11. Secretary of state to be superintendent of common schools and state sealer. 12. Mayors of cities how appointed, and when. 13. County treasurers how appointed; tenure of their offices. Certain officers in- eligible. 14. County sealers how appointed ; tenure of their offices. 15. Commissioners of loans and various officers, to be appointed by governor and senate. 16. Tenure of their offices. 17. Clualifications required of health officers. May be removed. 18. Vacancies in officeof commissioners of health may be supplied by board of health. 19. Loan-officers how appointed, and tenure of their offices. 20. Inspectors of hops, &,c. to be appointed by governor ; tenure of their offices. Commissioners § 1, The lieutenant-ffovemor, the Speaker of the asscmblv, of land office. ' i i i the secretary of state, the attorney-general, the surveyor- general, the comptroller, and the treasurer, are by right of office, and shall continue to be commissioners of the land office. (52) Commissioners § 2. All the officcrs mentioned in the preceding section, of canal fund. ^ . except the speaker of the assembly, by right of office, are, (51) Const, art. 4, section 11 ; Laws of 1822, p. 181, section 4. (5-2) 1 R. L. 292, section 1 ; Laws of 1815, p. 10, section 5. OFFICERS ADMINISTRATIVE, HOW APPOINTED. 549 and shall continue to be, commissioners of the canal fund ; but they cannot act as a board unless the comptroller shall be present. (53) Canal commis- sioners. § 3. The canal ^commissioners shall be appointed by the legislature, who, in making such appointment, shall proceed in the same manner as in the appointment of secretary of state and other state officers. The tenure of their office is during the pleasure of the legislature. (54.) § 4. If a vacancy shall occur in the office of canal com- ^^id. missioner, during a recess of the legislature, it shall be sup- plied by the appointment of the governor ; but the powers of « the officer appointed shall cease at the next meeting of the legislature. (55) § 5. The canal board shall consist of the canal commis- Canai board, sioners, and the commissioners of the canal fund. (56) § 6. Superintendents of canal repairs shall be appointed superintendents by the canal board. Either of the acting canal commissioners *'^"'=^"*' repairs. may remove any of the said superintendents, and fill the va- cancy occasioned by such removal, by an appointment to continue until the next meeting of the canal board. (57) § 7. Collectors of canal tolls shall be appointed bv the collectors of " canal toll. canal board, and shall hold their offices for one y^ar, but may be removed at any time by such board. (58) § 8. The comptroller shall also have power to remove ibid. ; any of the said collectors, at his pleasure, and to fill the va- cancy occasioned by such removal, until the next meeting of the canal board. (59) § 9. The canal appraisers shall be nominated by the go- canai appraisers vernor, and appointed by him, with the consent of the senate. No person shall act as appraiser in any case in which he shall be either directly or indirectly interested. (60) (53) Laws of 1817, p 301, ^ 1. (54) Laws of 181G, p. 295, section 1 ; 1817, p. 202, sec. 2. (55) Laws of 1817, p. 302, section 2. (50) Laws of 1826, p. 300, section 4. (57) Law.s of 1836, p. 3fjO, section 1 & 3 ; 1827, p. 223, section 13. (58) lb. section 5, 6. (50) lb. s. 17. (60) Laws of 1825, page 398, section 1. 550 OFFICERS ADMINISTRATIYE, HOW APPOINTED. iSy.^^ °^^^^^* ^ ^^' The governor, the lieutenant-governor, the secretary of state, the attorney- general and the comptroller, by right of office, are, and shall continue, trustees of the state library. (61) ' ofcoTmSoofs § 11. The secretary of state, by right of office, is and and state sealer, gj^^jj ^^ superintendent of common schools, and state sealer of weights and measures. (62) Mayors of cities. § 12. The mayors of the respective cities in the state are appointed annually by the common councils of the respec- tive cities. (63) rers""'^ ^'^^^^ § 13. The board of supervisors of each county shall ap- • point some reputable freeholder of the same county to be treasurer thereof, who shall hold his office during the pleasure of the board appointing him. No supervisor, or clerk of the board of supervisors, shall be appointed to, or hold, the office of county treasurer. (64) County sealers. § 14. Couuty scalers of Weights and measures shall be appointed, each by the board of supervisors of the county for which he shall be appointed, and shall hold their offices during the pleasure of the board appointing them. (65) ofillalTsranrvft- § 15. Commissioncrs for loaning monies under the act en- ce°rsf how ^a^- titled " Au act authorizing a loan of money to the citizens pointed. ^|. ^j^-g stj^te," passed April 11, 1808 ; loan officers of the county of Putnam ; inspectors of state prisons ; superin- tendents of salt springs ; inspectors of salt in the county of Onondaga ; harbor-masters, wardens and branch pilots of the port of New- York ; auctioneers ; inspectors of flour, of leather, of beef and pork, of distilled spirits, of lumber, flax-seed, and of pot and pearl ashes ; the inspector of leaf tobacco in the city and county of New- York ; the inspector- generals of staves and heading; cullers of staves and head- ing ; weigher at the quarantine ground on Staten-Island ; health officer, resident physician and health commissioner of the city of New-York ; the president of the village of Utica ; the agent of the Onondaga tribe of Indians ; superintendents (61) Laws of 1824, p. 302, sec. 22. (62) Laws of 1821, p. ai9, section 2 ; 1 R. L. .TTC, section 2. (G3) Const, art. 4, ^ 10. (64) 1 R. L. 138, §4. (65) lb. 376, ^ 2. OFFICERS ADMINISTRATIVE, HOW APPOINTED. 551 of the Brothertown Indians ; the attorney of the Oneida In- dians ; such bank directors as the state may be authorized to appoint, shall be nominated by the governor, and appointed by him, with the consent of the senate. (66) § 16. The officers enumerated in the last section, shall ^°offic"c3. ^^*' hold their respective offices for two years, except superin- tendents of salt springs, inspectors of salt in the county of Onondaga, inspector of leaf tobacco in New- York, auc- tioneers and bank directors, who shall hold their offices for one year. (66) ^17. No person but a licensed physician shall be appoint- ed^to the office of resident physician, health commissioner, or health officer of the city of New- York. Either of them may be removed by the governor during the recess of the senate. (67) Health ofTicors of New-York. § 18. The board of health may supply any vacancy, that may occur in the office of either of the commissioners of health of the city of New-York, whether arising'from the temporary inability of the officer to discharge his duties, or otherwise ; but the person so appointed shall hold his office only until such inability be removed, or the sense of the go- vernor, or of the governor and senate be declared. (67) Ibid, § 19. Loan officers under the act entitled "An act for loaning monies belonging to this state," passed the 14th day of March, 1792, shall be appointed ■ and removed, by the votes of at least two-thirds of the board of supervisors of their respective counties, at their pleasure. (68) Loan officers. § 20. Inspectors of hops, of fish, of oil ; wreck masters ; inspcctc^s or inspectors of turnpikes ; health officers of the cities of Al- bany and Hudson ; the peace-makers of the Brothertown Indians ; and the receiver of the profits of the state pier at Sag-IIarbor, shall be appointed by the governor, and seve- rally hold their offices for the term of two years. (69) (66) Laws of 1822, p. 159 ; 1823, p. 64, section 1 ; p. 81, section 40 ; 18-25, p. 80; p. 232, sec. tion 1 ; p. 443, section 1 ; Laws of 1828, chapter 274, section 1. (67) Laws of 1823, page 64, section 1. (68) Laws of 1821 , p. 09, section 8. (69) Laws of 1823, p. 81, section 40 ; 244, section 2 ; 1825, p. 23i. 552 OFFICERS — qualification, duration, «fec. TITtrEJ VI. GENERAL PROVISIONS APPLICABLE TO ALL THE CIVIL OFFICERS OF THIS STATE, OR TO CERTAIN CLASSES OF THEM. Art. 1.— General provisions respecting the appointment of officers, their qualifications, the commencement and durat ion of their offices. Art. 2. — Of nominations to offices, and the commissions of officers. Art. 3.— Of the oath of office, and the official bond. Art. 4. — Of resignations, vacancies, and removals, and the means of supplying them. Art. 5. — Proceedings to compel the delivery of books and papers by public officers to their successors. ARTICLE FIRST. GENERAL PROVISIONS RESPECTING THE APPOINTMENT OF OFFI- CERS, THEIR QUALIFICATIONS, THE COMMENCEMENT AND DU- RATION OF THEIR OFFICES. Sect. L No person can hold an office unless twenty-one years of age and a citizen. 2. Members of common councils of cities ineligible to certain offices in the gift of such councils. 3. When officers to enter on their duties. 4. Officers whose appointment is not otherwise provided for, to be appointed by gc^- vernor and senate. 5. Assistants and deputies how to be appointed. 6. Their number, how limited. 7. Their power and duties during a vacancy. 8. Offices, when duration is not specially provided for. 9. Certain officers to act until their successors are qualified. 10. Shcriif and clerks of counties to act in like manner. § 1. No person shall be capable of holding a civil office, who, at the time of his election or appointment, shall not have attained the age of twenty-one years, and who shall not then be a citizen of this state. § 2. No person elected to the common council of any of the cities of this state, shall, during the term for which he shall have been elected, be appointed to any office of profit in the gift of such common council ; but this prohibition shall not extend to any officers, whose appointment is, by the constitution, vested in the common council of any city. of offiSf"^^'"*"^ § 3. All officers elected by the people, unless they shall be" elected to supply vacancies then existing, shall enter on the duties of their respective offices on the first day of January following the election at which they shall be chosen. (70) C'/O) Constitution, article 1, section 14, OFFICERS QUALIFICATION AND DURATION OP OFFICE. 55S § 4. Every officer, the mode of wfiose appointment is not '^JJl^veri"^ prescribed by the constitution, or is not, or shall not be pre- scribed by law, shall be nominated by the governor, and ap- pointed by him, with the consent of the senate. §.5. All assistants, deputies, and other subordinate offi- ^.JP^^^j ^g,,^ ccrs of every description, whose appointment is not, or shall p"^"^*^^- not be specially provided for, shall be appointed by the body, board or officer, to which, or to w^hom, they shall be respec- tively subordinate. § G. When the number of such subordinate officers is not Their number, or shall not be directed by law, it shall be limited at the (Jis- cretion of the apffointing power. § 7. In all cases not otherwise provided for, each deputy Their powers, shall possess the powers, and perform the duties attached by law to the office of his principal, during a vacancy in such office, and during the absence of his principal. § 8. Every office of which the duration is not prescribed nuratioivofcer- 11 • • - 1 11 111111 tain offices. by the constitution, ot is not, or shall not be declared by law, shall be held during the pleasure of the authority making the appointment. (71) § 9. Every officer duly appointed, except the chancellor, officers to hold justices of the supreme court, and circuit judges, who shall have duly entered on the duties of his office, shall continue to discharge the duties thereof, although his term of office shall have expired, until a successor in such office shall be duly qualified. (72) § 10. Sheriffs and clerks of counties, including the regis- ibid, ter and clerks of the city and county of New- York, shall in like manner continue to discharge the duties of their offices, until their respective successors shall be duly qualified. (73) (71) Const, art. 4, ^ 16. C'2) Laws of iSii, i>. SSO, (73) 1 R. L. 420, $ 4. 70 554 OFFICERS N03IINATIONS AND COMMISSIONS. ARTICLE SECOND. OF NOMINATIONS TO OFFICES, AND THE COMMISSIONS OF OFFICERS. Sect. 11. Nojninatior.s of governor to senate how made. 12. When senate concur in nomination or removal, clerk to deliver certified copies. 13. When an officer is removed by tlie legislature, certified copy of resolution to be delivered. 14. Commissions of civil officers how made out, 15. Commissions and supersedeas how forwarded. 16. When governor shall so direct, messengers to be sent, and notice to be published. 17. Certificates of board of canvassers to be evidence of election. 1$. Certificate of liis appointment to be delivered to each commissioner of deeds. 19, Other officers how commissioned. Nominations to be written, &.c. § 11. All nominations made by the governor of the senate, shall be in writing. (74) Except in the nomination of a chan- cellor, chief justice, or justice of the supreme court, he shall designate the district, county, city, or place for which the of- ficers nominated arc intended to be appointed, and the place of resrdence of the candidate nominated. Resolution of concurrence. § 12. Whenever any person nominated by the governor shall have been appointed by the senate to any civil office, or any officer shall be removed by the senate on the recom- mendation of the governor, it shall be the duty of the clerk of the senate immediately to deliver a copy of the resolution of concurrence in such nomination or recommendation, cer- tified by the president and the clerlv of the senate, to the se- cretary of state, and anotlier copy certified by the clerlv, to the governor. ReBolution of removal. § 13. Whenever any officer, whose nomination is vested in the governor, shall be removed by a joint resolution of the two houses of the legislature, it shall, be the duty of the clerk of the house in which such resolution originated, im- mediately to deliver a certified copy thereof to the governor. CommiBsioiis how made out. §. 14. The commissions of all civil officers appointed by the governor and senate, or by the governor, shall be signed by the govehior, and attested by the secretary of state, under the seal of this state, and shall be recorded by the secretary. (74) Const, art. 4, § 7. OFFICERvS NOMINATIONS AND COMMISSIONS. 655 § ]5. When any such appointment shall be made, or any How forwarded person shall be superseded in office, the secretary of state shall send such commission or supersedeas, by mail or other- wise, to the clerk of the county wherein the person appoint- ed or superseded shall reside. (75) § 16. Whenever the governor shall so direct, the secretary of state shall despatch a messenger to the person so appoint- ed or superseded, or to the clerk of the county, with the com- mission or supersedeas ; and whenever directed by the go- vernor, he shall also cause notice of such supersedeas to be published for two weeks successively in the state paper ; which publication shall be deemed a sufficient notice within the provisions of this Title. (70) Ibid. § 17. The certificates of the board of canvassers authoriz- ed to canvass the votes given for any elective office, shall be evidence of the election of the persons therein declared to have been elected. Certificate of canvassers. § 18. A duplicate certificate of the appointment of commis- commissioncrB sioners of deeds in towns, signed by the first judge and the chairman of the board of supervisors, shall be made and de- livered to each commissioner appointed, which shall be deemed his commission. 6 19. The commissions of all other officers, where no spe- commissionBof otJier oflicers. cial provision is made by law, shall be signed by the presid- ing officer of the board or body, or by the person making the appointment. 1 R, L. 459, section 4. (76) lb. & section 4, 5. 556 OFFICERS OATH AND OFFICIAL BOND OF. ARTICLE THIRD. OF THE OATH OF OFFICE, AND THE OFFICIAL BOND. Sect. 20. 21. 2G. 32. Persons elected or appointed to civil offices, to take oath. Tini« within which such oath is to be taken. Before whom sucli oath may be taken. Justices of the peace and commissioners of deeds to take oath before county clerk Oaths when certified lo be deposited with certain officers. Deputies to take oaths. Ollicial bonds to be filed within the same time that oath is to be filed. Notice to be given of neglect to file official bond or oath. Buiy of the comptroller when such bond was to have been filed with him. Bond to be deemed in full force so long as the officer discharges the duties of his office. But the sureties are exonerated after the renewal of such bond. Persons executing offices without taking oath or filing bond, to forfeit such offices and to be deemed guilty of a misdemeanor. Members of legislature may talie the oath at any time during their term of office. Oath of office. § 20. Every person who shall be elected or appointed to any civil office or public trust embraced in this Chapter, be- fore he shall enter on the duties of such office or trust, shall take the following oath or affirmation : " I do solemnly swear," or " affirm," as the case may be, " that I w^ill sup-, port the constitution of the United States, and the constitu- tion of the state of New- York, and that I will faithfully dis- charge the duties of the office of according to the best of my ability." (77) When to be taken. § 21. Whenever a different time shall not be prescribed by law, such oath of office shall be taken and subscribed, and deposited in the proper office, within fifteen days after the officer shall be notified of his election or appointment, or within fifteen days after the commencement of his term of office. Before whom. § 22. The oath may be taken and subscribed, except where otherwise provided, before the chancellor, any justice of the supreme court, any circuit judge, the secretary of state, the attorney-general, the lieutenant-governor, the president of the senate for the time being, the speaker of the house of assembly, any judge of any county court, any mayor or re- corder of any city, the clerk of any county or city or of any court of record. (77) Const, art. 6, ^ 1. OFFICERS OATH AND OFFICIAL BOT»JD OF. 557 ? 23. The oath of justices of the peace and commissioners itid. of deeds shall be taken before the clerk of the county for which they have been elected or appointed. § 24- Every such oath, duly certified by the officer before ^'""^'^j/g^J'" *^*'' whom the same was taken, shall be deposited within the time required by law, as follows : 1. The oath of the governor, lieutenant-governor, chan- cellor, justices of the supreme court, comptroller, secretary of state, attorney-general, treasurer, surveyor-general ; of the members of the senate and assembly, and of the clerks, sergeant-at-arms and door-keepers thereof; of the canal commissioners, and all other executive and administrative officers, whose authority is not limited to any particular dis- trict or county, except where otherwise directed ; in the office of the secretary of state. 2. The oath of circuit judges, in the office of the clerk of the county in which they respectively reside. ' 3'. The oaths of counsellors, solicitors, and attornies, shall be taken before the court of which they are respectively of- ficers, and shall be deposited in the office of the clerk or register of such court. 4. The oath of registers and clerks in chancery, and of clerks of 'courts of ccjuity and .common law, shall be depo- sited in their respective offices. 5. The oath of supreme court commissioners, notaries public, superintendents of canal repairs, and collectors of ca- nal tolls, in the office of the clerk of the county in which they . reside. 6. The oath of all judicial, executive and administrative officers, appointed or elected for any county or city, and of all officers whose duties are local, or whose residence in any particular district or county is- prescribed bylaw, in the office of the clerk of the county in which they reside. ^ 25. Whenever any officer is authorized or required by Deputies' oath. law to appoint a deputy, such deputy shall take the same oath of office within liftccn days after his appointment, and shall cause the certificate thereof to be filed in the office where his principal is required to file his oath. 558 OFFICERS OATH AND OFFICIAL BOND OF. > Official bond. § 26. Whenever any officer ^s required by law to execute any official bond, he shall cause the same to be filed in the proper office, within the time herein prescribed for filing his oath of office, unless otherwise provided by law. Notice of neglect. § 27. In case any officer w^ho is required to file the certifi- cate of his oath of office, or liis official bond, with the secre- tary of state or with any county clerk, shall neglect to do so witliin the time required by law, it shall be the duty of such secretar}^ or clerk immediately to give notice of such neglect to the governor. And when any justice of the peace shall neglect to file the certificate of his oath of office, the county clerk shall also give notice of such neglect to the supervisor of the town for wiiich such justice was elected. Ibid. § 28. Whenever any official bond is required b)' law to be filed with the comptroller, and there shall be a neglect to file the same within the time prescribed, the comptroller shall im- mediately give notice thereof to the governor, in case the of- ficer was commissioned by him, and if not so commissioned, then to the board or body w^iich appointed the officer so neglecting. Effect of bond. § 29. Evcry bond executed by any officer pursuant to law for the faithful discharge of the duties of his office, shall be deemed to be in force, and obligatory upon the principal and sureties therein, so long as such officer shall continue to dis- charge the duties of his office, and until his successor shall be appointed and duly qualified. Ibid. § 30. But the sureties in any such bond shall be exonerated from all liability by reason thereof, for all acts or omissions of their principal, after he shall have duly renewed any of- ficial bond, pursuant to law. Penaitj- for act- §31. If any pci'sou sliall execute any of the duties or K'nd!°'''°'''^ functions of any office, without having taken and subscribed the oath of office required by law, or without having executed *knd filed in the proper office any bond required by law, he shall forfeit the office to which he may have been elected or appointed, and shall be deemed guilty of a misdemeanor, pun- ishable by fine or imprisonment (78). (78) 1 R. L. 385, section 3. OFFICERS— DESIGNATIONS, VACANCIES, REMOVALS OF. 559 § 32. Members of the legislature may take the oath of of- Legislature, fice at any time during the term for which they were elected. ARTICLE FOURTH. OF RESIGNATIONS, VACANCIES, AND RE3IOVALS, AND THE MEANS OF SUPPLYING THEM. Skct. 33. Resignations to what officers to be made. 34. Offices when to become vacant. 35. WJienever any officer shall be convicted of an infamous crime, &.c. and in certain cases court to give notice to the governor. 36. Governor to give notice to the body, board, or oflicer, whose duty it shall be to fill vacancy or order election. 37. When officers die or remove, county clerk to give notice to governor. 38. Governor may remove all officers who are appointed by him. • 39. Treasurers and other receivers of public money may be removed by the governor, on the report of the comptroller. 40. If judgment be obtained for a breach of an official bond, goveruoi may declare of- fice vacant. 41. Certain officers appointed by governor and senate, may be removed by the senate, on the recommendation of the governor. 42. Governor may supply certain vacancies by frmporary appointnirnti:. 43. If a vacancy occur during the recess of the legislature, in the office of treasurer;, &;c. governor may supply vacancy. 44. Governor may remove sheriffs, clerks, &c. fktt giving a copy of the charge against Ihcni, &.C. 45. May direct district attorney to conduct an inquiry into the truth of the charg«» before a county judge. • 46. District attorney may issue process of subpoena. 47. Officer accused to be entitled to the like process. 43. County judge to take and certify tlie testimony. 49. If a vacancy occur Ih the office of sheriif, or clerk, except from death, governor to fill vacancy by temporary appointment. ^ 33. ResiL'nations shall be made as follows: Resignation? to ■' '=' whom to be made 1. By the governor, lieutenant-governor, secretary of state, comptroller, treasurer, attorney-general, surveyor-general and state printer, to the legislature. 2. By all officers appointed by the governor alone, or by liim with the consent of the senate, to the governor. 3. By senators and members of assembly, to the presid- ing officers of their respective houses, who shall immediately transmit the same to the secretary of state. 4. By sheriffii, coroners, county clerks, and register of New- York, to the governor. 5. By district attornies, to the court wliich appointed them. 6. By justices of the peace, to the supervisor of the town. • 7. By commissioners of deeds for towns, to the first judge of the county. 560 OFFICERS RESIGNATIONS, VACANCIES, REMOVALS OF. 8. By all other officers, to the body, board, or officer tliat appointed them. Wlien offices be- come vacant. § 34. Every office shall become vacant on the happening of either of the following events before the expiration of the term of such office : 1. The death of the incumbent. 2. His resignation. 3. His removal from office. 4. His ceasing to be an inhabitant of the state, or if the office be local, of the district, county, town or city for which he shall have been chosen or appointed, or within which the duties of his office are required to be discharged. 5. His conviction of an infamous crime, or of any offence involvin^c a violation of liis oath of office. 6. His refusal or neglect to take the oath of office within the time required by law, or to give or renew any bond, within the time prescribed by law. 7. The decision of a competent tribunal, declaring void his election or appointment. Notice of con §35. Whenever auv officcr shall be convicted of an infa- mous crime, or of an offence involving a violation of his oath of office, and whenever any election or appointment of any person shall be declared void, the court before which such conviction shall be had, or by which such decision shall be made, shall immediately give 'notice thereof, to the governor, stating the cause of such conviction or decision. viction. Duty of governor § 36. The governor shall immediately give notice of the vacancy created by such conviction or decision, to the body, board, or officer, in whom the appointment to the office is vested, or whose duty it may be by law, to order or give no- tice of, an election to supply the- vacancy. § 37. Whenever any officer shall die before the expiration cancy. ^^ j^j^ ^^^,^ ^^ officc, or shall rcmovc from the county, district or place for which he was appointed, the county clerk of the countv in which such officer resided, shall immediately give notice of such vacancy to the governor. Notice of V OFFICERS RESIGNATIONS, VACANCIES, REMOVALS OF. 561 § 3S. All officers who are or shall be appointed by the go- f,°J™o^.P;;^- vernor for a certain time, or to supply a vacancy, may be removed by him. § 39. The office of treasurer, (79) or of any other collector ^^''^' or receiver of pubHc monies, appointed by the legislature, by the governor and senate, or by the governor, except those officers for whose removal provision is otherwise made by law, may be declared vacant by the governor, in case it shall appear to him on the report of the comptroller, that such treasurer or other officer has in any particular willfully vio- lated his duty. § 40. The orovernor may also declare vacant the office of Breach of official ^ ° •^ ^ bond. every officer required by law to execute an official bond, whenever a judgment shall be obtained against such officer for a breach of the condition of such bond. § 41. All officers appointed by the governor with the con- Removal of offi- '' ^ J^ .' o ^ ^ cers appointed by sent of the senate, except the chancellor, the justices of the ^'^]:'""°' audse- supreme court, and the circuit judges, may be removed by the senate, on the recommendation of the governor.(80) § 42. The governor may supply all vacancies that may pIfnTmem7by happen during the recess of the senate, in any office to which s°^""°''' an appointment shall have been made by the governor, with the consent of the senate, except the office of chancellor, justice of the supreme court, circuit judge, judge of county courts, and recorders of cities, by granting commissions, which shall expire at the end of twenty days from the com- mencement of the next mcetin"- of the senate. Ibid. § 43. Whenever a vacancy shall occur during the recess of the legislature, in the office of treasurer, or of any other officer appointed by the legislature, the governor shall ap- point a person to execute the duties of the office, who shall hold his office until such vacancy shall be regularly supplied. § 44. The governor may remove the sheriff, any coroner. Removal of she- er clerk of any county, or the register or clerk of the city on charges. ' m) 1 R. T.. il?., ^ 3. (PO) T.ruv^ of lfi2n, p. 63, section 7, 8 ; p. 243, section 1. 71 562 OFFICERS — RESIGNATIONS, VACANCIES, REMOVALS OF. District attorney to i aquire into charges. Proceedings UiercupoD. and county of New-York, at an^ time within the term for which he shall have been elected, giving to such officer a copy of the charge against him, and an opportunity of being heard in his defence, before any removal shall be made. (81) § 45. The governor may direct the district attorney of the county in which such officer shall be, to conduct an inquiry into the truth of- the charges made who shall give at least eight days' notice to the officer accused, of the time and place when he will proceed to the examination of witnesses, before some judge of the county courts. § 46. The district attorney may issue process of subpoena in his own name, and with the like effect as in cases of com- plaints before grand juries,-to compel the attendance of any witness whom he shall deem material, before the county judge ; and such judge shall have the same power to enforce obedience to such subpoenas by attachment, and to commit any person who shall refuse to be sworn or to answer, as the court of common pleas would have in a civil cause pend- in^: therein. Entitled to a sub- puena. § 47. On the application of the officer accused to the dis- trict attorney, or to any justice of the peace, he shall be en- titled to like process of subpoena, which may be enforced in the same manner, by the judge before whom the enquiry shall be conducted. proceedings^be- ^ 43. At the timc and place specified in such notice, the county judge before whom the enquiry shall be conducted, shall proceed to take the testimony of the witnesses produced before him by the district attorney, or by the accused officer ; the witnesses shall be sworn, by such judge : every answer given by them to any question w^hich either party shall re- quire to be reduced to waiting, shall be WTitten; their testi- mony shall be read to and subscribed by them, and shall be certified by the judge taking the same, and delivered to the district attorney, to be by him transmitted to the governor. vacMc in office § ^^' ^^^ cvcry casc whcrc a vacancy shall occur in the office of sheriff or county clerk, including the clerk and re- (81) Const, art. 4, section 8 & 11. OFFICERS RESIGNATIONS, VACANCIES, REMOVALS OF. 563 gister of the city and county of New-York, except where such vacancy shall arise from the death of the inAmbent, the governor shall appoint some fit person who is eligible to the office to execute the duties thereof, until it shall be supplied by an election. The person so appointed, after taking the oath of office, and executing a bond, if one be re- quired of the officer, in whose place he shall be appointed, shall possess all the rights and powers, and be subject to all the duties and obligations of the officer so removed. ARTICLE FIFTH. PROCEEDINGS TO COMPEL THE DELIVERY OF BOOKS AND PAPERS BY PUBLIC OFFICERS TO THEIR SUCCESSORS. Sect. 50. Persons removed from or going out of office, to deliver over books and papers to their successors. 51. On neglect or refusal so to do, such successor may apply to chancellor, &;c. for an order to show cause. 52. Proceedings at the time appointed for showing cause. Oath of person charged to be received. 53. If he shall not make oath, and it shall appear that books and papers are withheld, officer shall commit him to jail. 54. Officer may then also issue search-warrant. 55. Proceedings on return of search-warrant. 56. Upon the death of any officer, the like proceeding may be had against any person into whose hands his books and papers shall come, to compel their delivery. § 50. Whenever the person shall be removed from office, Persons removed . &c. from office. or the term for v»^hich he shall have been elected or appomt- ed shall expire, he shall, on demand, deliver over to his suc- cessor all the books and papers in his custody as such officer, or in any way appertaining to his office. Every person vio- lating this provision shall be deemed guilty of a misdemeanor. § 51. If any person shall refuse or neglect to deliver over ^^^.'n^j^rct*""^ 1 forced. to his successor any books or papers, as required in the pre- ceding section, such successor may make complaint thereof to the chancellor, any justice of the supreme court, any cir- cuit judge of the circuit, or the first judge of the county, where the person so refusing shall reside ; and if such offi- cer be satisfied by the oath of the complainant, and such other testimony as shall be offered, that any such books or papers are withheld, he shall grant an order, directing the person so refusing to show cause before him, within some short and reasonable time, why he should not be compelled to deliver the same. 564 OFFICERS RESIGNATIONS, VACANCIES, REMOVALS OP. Proceedings. § 52. At the time so appointed, or at any other time to which the matter may be adjourned, upon due proof being made of the service of the said order, such officer shall pro- ceed to inquire into the circumstances. If the person charged with withholding such books or papers, shall make affidavit befdre such officer, that he has truly delivered over to his successor all such books and papers in his custody or ap- pertaining to his office, within his knowledge, all further pro- ceedings before such officer shall cease, and the person com- plained against shall be discharged. may^e^commu" ^ ^^' ^^ ^^® pcrson complaincd against shall not make such *^'*- oath, and it shall appear that any such books or papers are withheld, the officer before whom such proceedings shall be had, shall by warrant commit the person so withholding, to the jail of the county, there to remain until he shall deliver such books and papers, or be otherwise discharged accord- ing to law. Search-warrant § 54. In the casc Stated in the last section, if required by when issued. ' i ./ the complainant, such officer shall also issue his warrant, di- rected to any sheriff or constable, commanding them, in the day time, to search such places as shall be designated in such warrant, for such books and papers as belonged to the offi- cer so removed, or whose term of office expired, in his offi- cial capacity, and which appertained to such office, and seize and bring them before the officer issuing such warrant. rroceeding3 ^ 55. Upou any books and papers being brought before such officer, by virtue of such warrant, he shall inquire and examine whether the same appertain to the office, from . which the person so refusing to deliver was removed, or of which the term expired, and he shall cause the same to be delivered to the complainant. ■ooVs ami pa- § 55. If any person appointed or elected to any office, j.ers how obtain- •* j i 1 1 v ^ ed when officer gj^^ll die, or his officc shall in any wav become vacant, and dies, &c. . ' ... any books or papers belonging or appertaining to such of- fice, shall come to the hands of any person, the successor to such office may, in like manner as hereinbefore prescribed, demand such books or papers, from the person having the same in his possession ; and on the same being withheld, an ORDINANCES — mode of proving them. 565 order may be obtained, and the person charged may in like manner make oath of the delivery of all such books and pa- pers that ever came to his possession ; and in case of omis- sion to make such oath, and to deliver up the books and pa- pers so demanded, such person may be committed to jail, and a search-warrant may be issued, and the property seized by virtue thereof may be delivered to the complainant, as here- in before prescribed. ORBIN'AjiCjaS— Mode of proving tiicm. 1. How to be read. 2. Charter of the city. 3. Proceedings of the common council. 4. Licenses. 5. Board of health. 6. Proclamations. CHAPTER CLVIII. AN ACT declaring the Mode of proving the Ordinances of the Common Council of the City of New-York, and other Records, Documents, and Proceedings. Passed April 17, 1832. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. Every act, ordinance, resolution or proceeding of the how to be read, common council of the city of New- York, may be read in evidence in all courts of justice in this state, either, 1. From a copy of such act, ordinance, resolution or pro- ceeding, certified by the clerk of the common council, with the seal of the corporation affixed, or, 2. From the volume of ordinances printed by authority of the common council. c § 2. The charter of the city of New- York may be read in charter of tiie evidence from the volume containing such charter printed by "'^' authority of the common council, or from a "^opy certified by the clerk of the common council. § 3. A copy of the proceedings of either chamber of the Proccedingg of common council, certified by the clork thereof, may be read in evidence in all courts of justice in this state. 566 OYER AND TERMINER. Licenies. § 4. A Certificate of the mayor of New- York or of the clerk of the common council, V)f the granting or renewal of any Hcense, may be read in evidence in any court of justice in this state to prove the existence of such license. Board of Health. § 5. The proceedings of the board of health may be read in evidence from a copy of such proceedings, certified by the secretary of the board of health, or the presiding officer of such board. Prociamationg. § 6. All proclamations by the mayor of the city of New- York, may be proved in all courts of justice by producing a copy of such proclamation, with the certificate of the mayor that the same is a copy, and has been published according to law. The evidence authorized under the provisions of this act to be considered prima facie evidence only. OYER AXI> TE:R3IIAER. Revised Statutes, Vol 2, p. 200. Sect. 1. Courts of oyer and terminer when, where, and b}- whom held. <'ourfs of oyer 1- § ^8. Courts of oycr and terminer may be held at the a"id"*^by time and place at which any circuit court may have been ap- pointed to be held, as follows : In New- York. 1. Li the city and county of New- York, by one or more of the justices of the supreme court, or of the circuit judges, or by the first judge of the court of common pleas of the said city and county, together with the mayor, recorder and alder- men of that city, or with any two of them: | and terminer •when .whom held PASSENGERS. 567 [Forty-Seventh Session. — Vol. 0, c. p. 27.] PASSENGERS. Skct. 1. Master or commander to make report in 24 hours after tiis arrival in Xew-York ; penalty on neglect. 2. Sureties May be required in certain cases of such master or commander, 3. Duties of master to remove persons likely to become chargeable. 4. Duty of persons coming to iNew-York to report themselves. 5. Penalties how to be sued for and applied. 6. Liability of vessel to seizure. 7. Certain sections repealed. b. False swearing declared perjury. CHAP. XXXVII. AN ACT concerning Passengers in Vessels coming to the Port of New-York.'' Passed February 11,18^4. § 1. Be it enacted by the People of the State of New-York, „Ser t"o rnake represented in Senate and Assembly, That every master or g^J^*^' "^ passen- commander of any ship or other vessel arriving at the port of New- York from any country out of the United States, or from any other of the United States than this state, shall within twenty-four hours after the arrival of such ship or vessel in the said port, make a report in writing on oath or affirmation, to the mayor of the city of New- York, or in case of his sickness or absence, to the recorder of the said city, of the name, place of birth, and last legal settlement, age and occupation of every person who shall have been brought as a passenger in such ship or vessel on her last voyage from any country out of the United States, into the port of New- York, or any of the United States, and from any of the United States, other * So early as the year 1691 an act was passed, rejrnlating the importation of passengers into this (then) province, the sixth section of which declares, that " all vessels that shall bring any passengers into this province, the masters of such vessels shall, within twenty-four hours after arrival, bring a list of all such passengers he brings into this province, with their quality and conditions, unto the chief magistrates of each respective city, town, or county, as aforesaid, under the penalty often pounds, current money of this province." Br. p. 7. And by an act passed July 27, 1721, Er. 214, further provision is made. The fifth section declares, that any master who shall bring any person or persons within this colony like to become a burden to the city, he shall be comjjelled to carry them back, or forfeit fift}' pounds. And the penalty for not makuig a report of passengers was further in'reased by an act pass- ed July 'J, 1756, V. S. vol. 1, p. 361, increasing it to thirty pounds. By the 32d section of the act of March 7, 1788, 2 Jones & V. p. 313, masters of vessels are directed to report to the mayor or recorder the names and occupation of all persons brought into the port in their vessels, or forfeit twenty pounds for every person not reported, and thirty pounds for every foreigner. And by an act passed April 8, 1801, 1 Kent & R. p. 566, sect. 30, the penalty is seventy-five dollars for every alien, and fifty dollars for every other person neglected to be reported. The same penalty is retained in the revision of the laws of 1813, vol. 2, p. 440. 568 PASSENGERS. than this state, to the city of New- York, and of all passen- gers who shall have landed, or^been suffered or permitted to land from such ship or vessel, at any place during such her last voyage, or have been put on board, or suffered or per. mitted to go on bqard of any other ship or vessel, with the Penalty. intention of proceeding to the said city, under the penalty, on such master or commander, and the owner or owners, consignee or consignees of such ship or vessel, severally and respectively, of seventy-five dcnlars for every person neg- lected to be reported as aforesaid, and for every person whose name, place of birth, and last legal settlement, age, condition, or either or any of such particulars, shall be falsely reported as aforesaid, to be sued for and recovered as here- inafter provided. suiciiesmaybc ^ n. ^4,^j Jjq ^ farther eiiacted, That it shall be lawful required in cer- "" J ' maJtef'^or^'com- ^^^ ^^^ ^^^^ uiayor, or in case of his sickness or absence, for mander. the Said rccordcr, to require by a short endorsement on the aforesaid report, every such master or commander of any ship or vessel to be bound with two sufficient sureties, (to be approved of by the said mayor or recorder) to the mayor, aldermen and commonalty of the city of New- York, in such sum as the said mayor or recorder may think proper, not ex- ceeding three hundred dollars for each passenger not being a citizen of the United States, to indemnify and save harm- less the said mayor, aldermen and commonalty, and the overseers of the poor of the said city, and their successors, frdm all and every expense or charge which shall or may be incurred by them for the maintenance and support of every such person, and for the maintenance and support of the child or children of any such person, which may be born after such importation, in case such person or any such child or children shall at any time w^ithin two years from the date of such bond, become chargeable to the said city ; and that if any such master or commander shall neglect or refuse to. ofive such bond within three days after such vessel shall have so arrived at the said port of New- York, every such mas- ter or commander, and the owner or owners, consignee or consignees of such ship or vessel, severally and respectively. Penalty. shall be subject to a penalty of five hundi'ed dollars, for each and every person not being a citizen of the United States, ifor whom the mayor or recorder shall determine that bonds PASSENGERS. ^69 should have been given as aforesaid, to be sued for and re- covered as hereinafter provided. § III. Aiid be it further enacted, That whenever any per- t?"r'e%"o%'^"pcr' son brought in any such ship or vessel, and being a citizen come chargeable- of the United States, shall by the said mayor or recorder be deemed likely to become chargeable to the said city, the master or commander, owner or owners of such ship or ves- sel shall, upon an order for that purpose, under the hand of the said mayor, or the said recorder, remove every such per- son withQut delay to the place of his last settlement, and in default thereof shall severally and respectively be bound to pay all such charges and expenses as the said city shall or may sustain, or be put unto, in and about the maintenance and removal of such person, to be sued for and recovered as hereinafter provided. § IV. And he it further enacted, That every person not Dutyofpersoni •* *^ "^ i coming to Aew- beinf): a citizen of the United States, wdio shall enter the said York to report ° ... thenwelvefc city with the intention of residing therein, shall within twen- ty-four hours thereafter make a report of himself in writing, on oath or affirmation, to the mayor, or in case of his sick- ness or absence, to the recorder of the said city, stating his name, age, and occupation, the name of the ship or vessel in which he arrived, the time and place when and where he landed, and the name of the commander of such ship or ves- sel, under the penalty of one hundred dollars. § V. And he it further enacted. That all and sinsrular Penalties how to ^ -^ ' o be sued for and the aforesaid penalties and forfeitures shall and may be sued ^pp^'ed. for and recovered, with full costs of suit, by action of debt, in any court having cognizance thereof, in the name of the said mayor, aldermen and commonalty, and when recovered by them shall be applied towards the support of the poor of the said city, and the defendant or defendants in every such suit shall be held to special bail, and'the supreme court may direct the trial thereof by a jury of any county that may be judged proper : and that it shall and may be lawful for the said mayor, aldermen and commonalty to compound for said penalties and forfeitures, or any of them, either before or after suing for the same, upon such terms as they may think proper. 570 PASSENGERS. Liability of Tea- sel to aelzure. § VI. And be it further enacted^ That any ship or vessel on board of which any such person, not being a citizen of the United States, may have been a passenger, shall be liable for the said penalties, and may be proceeded against by informa- tion, in any court having cognizance thereof, and by attach- ment and seizure grounded thereon, for any neglect of the provisions of this lav\r, unless the owners thereof shall give bond with sufficient sureties, to the sheriff serving such at- tachment, for the payment of the said penalties, and many of them which may have been incurred during or since the last voyage of the said ship or veesel, or for papng the value of such ship or vessel towards the satisfaction of such penalties as may have been incurred, and such value shall be ascer- tained by the wardens of the port of New- York, or any two of them ; and such bonds shall be assignable, as bail bonds are by law, and be subject to such orders respecting the same as the supreme court may judge it proper to make. Repealing. False Bwearing declared perjury, Ate. § VII. And be it further enacted, That the act of the 14th of April, 1820, entitled An act to amend the act entitled ** An act to reduce the several laws relating, particularly to the city of New- York, into one act," so far as it relates to the importation of passengers, and the two hundred and fifty- first, two hundred and fifty-second, two hundred and fifty- third, two hundred and fifty-fourth, two hundred and fifty- fifth, two hundred and fifty-sixth, two hundred and fifty- seventh, and two hundred and fifty-eighth sections of the act, entitled, " An act to reduce several laws relating particu- larly to the city of New- York, into one act," be, and the same are hereby repealed : Provided, That nothing contained in this act shall in any way affect any suit or proceeding for any penalty heretofore incurred under the above-mentioned acts or parts of acts. § VIII. And be it further enacted, That any person swear- ing or affirming falsely under this act, shall be adjudged guilty of perjury, and liable to all the pains and penalties thereof. PAWNBROKERS, &:c. . 549 PAIVNBROKERI^, &c. Revised Laws of 1813. Vol. 2, p. 444. Sect. 1. Common council to regulate Pawnbrokers. 2. Common council to regulate rates of interest to be taken by Pawhbrokeri. 3. Pawnbrokers to enter into recognizances. 4. Searcli-warrants for property pawned. 5. How executed. 6. Property seized, how disposed of. . 7. Bond to be given by claimant. • 1. § CCLXIII. Aiid be it further enacted, That the said com. council to ■' nu regulate pawn- mayor, aldermen and commonalty oi the city of New- York, brokers and deai- •^ ' -^ -^ ^ ers m second- in common council convened, may, from time to time, make ^^'^ furniture, laws for the regulation of pawnbrokers and of dealers in the purchase or sale of second-hand furniture, metals or clothes in the said city, which said laws shall require that either person carrying on either of the said callings, trades or dealings, in the said city, shall have a license for the same ♦ from the mayor of the said city, under the directions of the common council of the said city, and every such pawn- broker or dealer shall pay for such license, a sum tq be de- termined by the said common council, not exceeding fifty dollars, which sum shall be applied towards the support of the poor of the said city. 2. § CCLXIV. And he it further enacted, That the said com. council to mayor, aldermen and commonalty, in common council con- intert"?trb?ta- vened, shall have power and authority, from time to time, to broVra^ ^*'''"' make laws and ordinances for the regulating of the rates of interest to be taken by any person carrying on the trade or calling of pawnbroker in the said city, for any loan not ex- ceeding the sum of twenty-five dollars, notwithstanding such rate of interest may exceed the sum of seven per cent, per annum : Provided always, nevertheless, That the same do not exceed the rate of- twenty-six per cent, per annum. to enter into re- zances. ,3. § CCLXV. And he it further enacted. That every pawn- Pa^r, brokers. &c broker and dealer in the purchase or sale of second-hand fur- cign*^ niture, metals or clothes, in the said city, shall enter into a recognizance to the said mayor, alderinen and commonalty, with one or more sufficient surety or sureties, in such sum a.s shall be directed by the common council of the said city, 5n PAWNBROKERS, 6ze. not exceeding one thousand dollars, conditioned for the ob- servance of such laws and ordinances as may be made, by the common council of the said city, in the premises. Revised Statutes, Vol. 1, 77. 711. ramtfo^rp'r^Jerty '^' ^ ^^' Whenever any pcrson shall make oath before any pawned. justlco of the peacc, police justice or assistant justice, that any property belonging to him has been embezzled or taken without his consent, and that he has reason to believe and* sus- pect, and does suspect that such property has been pledged with any pawnbroker, auch justice, if satisfied of the correct- ness of such suspicions, shall issue his warrant, directed to any constable of the city or place, commanding him to search for the property so alleged to have been embezzled or taken, and to seize and bring the same before such justice. "°^itecL*^^^ 5. § 11. The constable to whom any such warrant shall be directed and delivered, shall have the same power to execute the same, and shall proceed in the same manner as in the case of a search-warrant issued upon a charge of larceny. how diriJ)slS' 6. § 12. Upon any property so seized by virtue of such war- rant, being brought before the magistrate who issued the same, he shall cause such property to be delivered to the person so claiming to be the owner thereof, on whose appli- cation the warrant was issued, on his executing a bond as hereinafter directed ; and if such bond be not executed within twenty-four hours, such justice shall cause the said property to be delivered to the person from whose possession it was taken. 'r'^ciaimlir" '^' § 1^- ^^^^ ^^^^^ ^^^^^^ ^^ ^^^ ^ penal slim equal to dou- ble the value of the property claimed, with such surety as the justice shall approve, to the person from whose possession the property was taken, with a condition that the person so claiming the same will, on demand, pay all damages that shall be recovered against him in any suit to be brought within thirty days from the date of such bond, by the pawnbroker from whose possession the said property ,was taken. PENALTIES. 573 PEi¥AIiTIE§. Act to Reduce, <^c. Revised Laws o/1813. Vol. 2, p. 460. Sect. 1. Suits for penalties how brought. 2. Inhabitants of New-York competent witnesses where corporation is interested. 3. Persons sued under this act may plead the general issue. 4. Assessments on state property in N. York to be paid by persons having charge of it. 5. This act declared a public act. 1. § CCCXI. And be it further enacted, That all the penal- ,i^f "J^' \^f^ ties and forfeitures imposed by this act, except where the ^'■^"g^*- same are herein before otherwise itppropriated, shall be sued for and recovered with costs of suit in the name of the mayor, aldermen and commonalty of the city of New- York, and the proceeds thereof shall be by them applied to the public u^e of the said city. 2. § CCCXII. And be it further enacted, Tiiat upon the inhabitants of n. ^ -^ _ ^ \oTk competent trial of any issue, or upon the taking^ of any inquest or makinc: witnesses in ca- •'_ '^ .... .. ^^'^ where corpo- any inquisition, or upon the judicial investigation of any facts ^'"''V''* ^^*^ ^"^<^''- whatever, in which issue, inquest, inquisition or fact, the mayor, aldermen and commonalty of the city of New- York, are a party or interested, no person shall be deemed an incom- petent witness for the reason that such person is an inhabi- tant, freeholder or freeman of the city of New- York. 3. § CCCXIII. And be it further enacted, That if any per- Pcrsoris sued for son shall be'sued for any thing done in pursuance of this act, this act, to picad it shall be lawful for such person to plead the general issue, and to give this act and the special matter in evidence. 4. 6 CCCXI V. A7idbe it further enacted. That it shall be Assessments on ^ -^ ' state property in lawful for the respective officers and persons havinc: the *^'^^ °/ ^- ^'"'■'^ i . ^ '^ P^'" "y persons charge or superintendence of public property in the city of gj;'^Ye"» charge of New- York, belonging to this state, to pay the sums assessed, or to be" assessed thereon, or in respect thereto, by or under the authority of the mayor, aldermen and commonalty of the said city, according to law, and that the treasurer on the war- How reimbursed. rant of the comptroller pay to such officers and persons respectively, the sums which they shall respectively so pay on the account aforesaid, due proof being first made of such payment to the satisfaction of the comptroller. 574 PENALTIES. ™pubiif acT*^ 5. § CCCXY. And be it further enacted, That this act shall be considered a public act, and J^e liberally expounded and construed to advance the ends thereof. Revised Statutes, Vol. l,p. 676. ARTICLE NINTH. GENERAL PROVISIONS, &C. J Sect. 73. Proceedings to collect penalties. 74. Such prosecutions to be commenced within twenty daj's. 75. Execution to collect penalties ; its contents. 76. Certificate of conviction to be filed with county clerk. 77. Amount of fees allowed ; by whom to be paid. conect^poSics § "^S. Whenever complaint shall be made to any justice iastariides.^'^'^^^ of tlic pcacc, mayor, recorder or alderman, of a violation of either of the provisions contained in the three last Articles, relative to profane swearing, the disturbance of religious meetings, or the observance of Sunday, or when any of such violations shall happen in the presence of such officer, he shall cause the olTender to be brought before him, and shall proceed summarily to inquire into the facts ; and if the per- son charged be found guilty, a record of his conviction shall be made and signed by such officer, before issuing any pro- cess to enforce the same ; which conviction shall be final, and shall not be re-examined upon the merits in any court. . '^'mobShV''' ^ '^'^' ^*^ prosecution shall be maintained for any of the violations specified in tlie preceding section, unless the same be instituted by the actual issuing of process to apprehend the oflfender, or . by his actual appearance to answer the complaint, within twenty days next after the ofience com- mitted. * Execution to col- ^ 75^ Upon a conviction being had for any of the offences in the three last Articles specified, where no other special provision is made for the collection of the penalties incurred, the magistrate before whom the same is made shall issue an execution to any constable of the county, commanding him to levy the said penalties and the costs of the conviction, by PILOTS. ^^^ distress and sale of the goods and chattels of the offender, and in case sufficient goods and chattels cannot be found, then to commit such. offender to such common jail of the county, for such time as shall be speciiied in such execution, not less than one day nor more than three days. Certificate of 6 76. Within thirty davs after any such conviction shall conviction wh^n y ^ ^ ^ ;,,„1 wlier* to be be had, the magistrate making the same, shall cause to be nicd. filed in the office of the clerk of the county, a certificate of such conviction, briefly stating the offence charged, the con- viction and judgment thereon, and if any fine has been col- lected, the amount thereof, and to whom paid. § 77. In ail prosecutions for any of the ofi'ences specified ^^Xffi"!'" in the three last Articles, the like fees shall be allowed and taken as in civil suits before justices of the peace, which shall in no case exceed five dollars, and be paid by the party of- fending, over and above the penalties incurred ; but in case of the imprisonment of the ofibndcr, no charges or fees shall be allowed. PII.OTS, CHAP. XVIII. AN ACT to amend an act entitled " an act to reduce seiieral laws Telating particularly to the City of New-York into one act, so far as the same relates to the Master and Wardens, Harhour Masters and Pilots of the Port of New-York, and their duties, and for other purposes * Passed February 19, 1819. p. H. Sect. 1. Branch Pilots to be appointed. 2. A committee to be ciiosen by the pilots to report delinquents. 3. Board of wardens to grant licenses to pilots, and annul them, and make rules, &c. 4. Apprentices to be examined, and the manner of examination. * An act was passed Mar-h 26, 1G94, entitled an act for settling pilotage of all vessels that shall come within Sandy Hook, Br. 27. It appears to be the first act to be found in the sta- tute book of the colony upon this subject. This act e.tpircd and was Supplied by a"n act passed the 3d July, itlS, vol. 1, S. & Liv. p. 131. This act e.xpired in 1723. On the 6th of July, 1723, an act was passed, entitled an Act for the encouraging navigation. On the 30th September, 1731, Smith & Liv. p. 200, an act was passed, entitled an Act to provide able Pilots, &c. ,This act was continued by an act passed December 16, 1737, PmitJi & Liv. page 233. It was again revived and continued by an act passed April 8, 1748, Siuith & Liv. page 406 ; and also by an act passed December 21, 1750, and expired in 1763ir An act was then passed, entitled an 9.ct to regulate the pilots between Sandy Ilook and the port of New- York, and for othor purposes therein mentioned, passed December 13, 1763, V. S. vol. 2, page 433. 576 PILOTS. Sect. 5. Licences to be signed and under seal. 6. Appointment of deputy pilots and their duties. 7. Not less than five boats to be kept by wily o£ Sandy Hoolt- : '_ 8. Fine and suspension of pilots. 9. Punishment of pilot for losing a vessel. 10. On snppcnsion to deliver up license. 11. None but pilots or deputies to be concerned in boats. 12. Printed instructions to be given to pilots and deputies. 13. Pilots allowed extra fees on relieving vessels in distress. 14. Penalty for refusing to receive pilot on board vessel. 15. Allowance to pilots carried to sea. 16. Fees allowed to pilots by way of Sandy Hook. , , T IT, Fees on taking charge of vessels a certain distance from land. .; 18. Fees for detention of pilots. 19. Fees of pilots through Hell-Gate. 20. Apprentices to bo engaged. " 21. Persons to be employed by way of Sandy Hook. 22. The lead to be regularly hove. ^ 23. Amount of pilotage how taxed. 24. Penalty for intoxication. 25. Certain monies to be paid to the Pilots' Charitable Society. 26. Fines how applied. 27. Number of branch pilots by way of Sandy Hook, and term of office. 28. Number by way of Hell-Gate, and term of office. ' 29. The 25th section of the act of 1819 extended. 30. Penalty and how applied 31. Half-pilotage, and how applied. 32. Penalty for refusing to employ a pilot on coming into port. ■ 33. on going out of port. 34. Competency of pilots to be witnesses. bfap;.oinSf 1- § ^11- ^^'^^ ^^ it further enacted, That it shall and may be lawful to and for the person administering the government of this state, by and with the advice and consent of the coun- cil of appointment, (or in case of any vacancy in the recess of said council, it shall and may be lawful for the said board of wardens) to appoint and commission as often, and from By this act the governor was empowered to appoint one person to be master, and three or more to be wardens of the port of New- York, and to commissionate branch pilots, and it im- poses a penalty of ten pounds upon their neglecting or refusing assistance to ships in dis- tress. Masters and wardens are by this act appointed surveyors of all damaged goods brought into the port, and are directed to keep an office in the city of New- York, and to take an oath, and are prohibited from being concerned in any pilot boats, and are exempted from certain duties, serving upon juries, &c. The governor is authorized to appoint as many pilots through Hell-Gate as he may think proper, and provision is made if they be carried to sea. This act was continued by an act passed December 24, 1767, V. S. vol. 2, p. 498. And was fur;her continued by an act passed December 31, 1768. This act remained in force un- til April, 1775, when an act was passed with similar provisi«^ns to the act of December 13. 1763, which remained until the revolutionary war. After the revolutionary war, an act was passed, entitled an act for the regulation of pilots and pilotage for the port of New-York, and for other purposes therein mentioned, April 14, l';87, Gr. vol. 1, p. GO. By this act the Governor and Council of Appointment are authorized to appoint a master and wardens, who arc to make regulations for the government of pilots, and are authorized to impose fines for the breach of them, not exceeding ten pQunds. Mas- ters and wardens are api-ointcd by the act, surveyors of damaged goods and vessels, and are prohibited from^ being concerned in pilot boats with pilots. Each pilot is authorized to appoint a deputy, and for neglect ofduty in not aiding s^hips in distress, to forfeit their license «r pay a line. This act was amended by an act passed February 8, 1704, 3 Gr. p. 106. PILOTS. ' 577 time to time, as they may deem necessary, a sufficient num- ber of fit and proper persons, not exceeding thirty in the whole, to be branch pilots of the port of New- York, so far as relates to the pilotage of ships and vessels to and from the said port by the way of Sandy Hook : Provided nevertheless, ProviBo. That no person shall be commissioned as a branch pilot, w^ho shall not have served at least five years as an apprentice to a branch or licensed pilot, and who shall not have served at least three years as a deputy pilot to a branch or licensed pilot in that navigation, and until he shall produce a certifi- cate from the master and wardens of the said port, or a ma- jority of them, under their hands, that he is duly qualified for such office : And provided further, That if any such appoint- proviao. ments are made, during the recess of the council, they shall be reported at the next meeting of the council, who shall thereupon confirm or reject such appointments. A committee to chosen by the 2. § VIII. And be it farther enacted. That it shall and may ^^^ be lawful for the Sandy Hook pilots now acting, and those deUnqJwit/*&J'* who may hereafter, from time to time, be appointed, to elect one pilot from each pilot boat engaged in the service of said Sandy Hook pilotage, who together shall form a committee, whose duty it shall be to report, from time to time, to the board of wardens, any and all delinquents w^ho shall neglect their duty, or be guilty of any impropriety in their conduct as pilots ; and the said committee shall also inspect the con- duct of the apprentices and boat keepers engaged in such service, and see that they are w^ell instructed in their pro- fession ; and at the close of their apprenticeship, it shall be the duty of said committee to report such apprentices and boat keepers as are found worthy of becoming deputy pilots to the board of wardens of the city of New- York ; and in case the committee of pilots shall neglect or refuse to recom- mend to the said board of w^ardens the said apprentices or boat keepers, on the expiration of their apprenticeship, the wardens may summon the said committee of pilots to appear and show cause ; and if they do not show good and sufficient cause, or if the pilots shall neglect to appoint such committee, then the said board may proceed to license such apprentices as are not recommended by the committee of pilots to be deputy pilots. 73 578 PILOTS. Proviso. **^boTd'!^"" ^- 5 ^^- And be it further enacted, That the said board of wardens shall meet at their office in the city of New-York, on Monday, in every week, and at such other time and times as the master, or any three of the wardens, may direct and appoint ; and that the said board of wardens, (any four of whom shall be a quorum) shall have full power and authority, when so met, from time to time, to grant branches and licenses, under the limitations hereinafter in that behalf pre- scribed, to such and so many tit and proper persons as the said board of wardens may judge suflicient and necessary, to act as pilots for the same pilotage of ships and vessels to Hell-Gate pilots, and from the port of New- York through the channel of the east river,. commonly called Hell-Gate; and also to grant licenses to such person or persons as the said board shall approve of, to act as deputy pilots under the branch pilots commissioned by virtue of the seventh section of this act, not exceeding the whole number of pilots thus'to be appoint- ed : Provided, That no person whatever shall J3e eligible to the office of a deputy pilot in the said service unless such applicant shall have served an apprenticeship, or been a boat keeper at least five years in succession in said service, under lawful indentures, and under one or more of the said branch pilots : Provided nevertheless, That apprentices who were such on the fourteenth day of April, in the year of our Lord one thousand eight hundred and seventeen, and shall serve out their apprenticeship agreeable to the terms of their in- dentures, shall be eligible to the office of a deputy pilot, any thing in this act to the contrary notwithstanding : Provided always, That the recommendation required by the eighth section of this act, and the proceedings therein pointed out, Licenses may be ^^^^^^ ^^ ^^^ prcvious to such appointment I And further, annulled. ^^-^^^ ^^iQ said board of wardens shall have full power and au- thority, at any time or times, to revoke and annul any branch or license that may be by them granted to any person to act as pilot of any description, or as deputy pilot, or to suspend any branch pilot appointed by them or otherwise, or deputy pilot from acting as a branch or deputy pilot, for any period Board may make of time they may think proper; And farther. That the said board of wardens shall have full power and authority, from time to time, to make and establish such rules, orders and regulations, not inconsistent with the constitution or the laws of this state, or of the United States, for the better govern- Proviso. Proviso. PILOTS. 579 ment of the said pilots and deputy pilots, and with such fines and penalties, for the breach thereof, as \he said board of wardens shall deem proper ; and the same, from time to time, to revoke or amend ; and the said board of wardens may, moreover, by their order, absolutely revoke the branch or license of any pilot or deputy pilot, or suspend him from act- ing as pilot or deputy pilot for such time as they may think pro- per, for breaking any such rule, order or regulation, or omit- ting any thing required by the 'same, or for acting in any manner contrary thereto ; and in all cases whatever, a ma- jority of the said board of wardens shall be sufficient to de- cide upon any matter or question before the said board, and the decisions, acts, orders and proceedings of such majority, shall in all cases be as valid, binding and effectual, to all in- tents and purposes, as if the said master and wardens had all of them been present and concurred therein : Provided^ proTiw. That before any pilot or deputy pilot shall be deprived of his branch or license, or suspended from acting thereunder, such pilot or deputy pilot shall be summoned by a notice in WTit-ing, to be delivered to him personally, or to be left at his usual place of abode, at least liftcen days before the time specified therein for his appearance, to appear before the said board of wardens, at such time as shall be specified in the said notice, to show cause, if any he may have, against his suspension, or the revocation of his branch or license ; and if such pilot or deputy pilot shall neglect or refuse to appear at the time specified in such notice, before the said board, or if tlic cause shown by such -pilot or deputy pilot against his suspension, or the revocation of his branch or license, shall not appear suilicient and satisflictory to the said board, it shall and may be lawful for the said board, either to revoke the branch or license of such pilot or deputy pilot, or to suspend him from acting as a pilot or deputy pilot, as they may judge proper ; and an entry shall thereupon be made, in the minutes of the said board of wardens, of such revocation or suspension, with the causes or reasons thereof; and any ^ch pilot or deputy pilot, who may think himself aggriev^ed by the pro- ceedings of the said board, under this section, or under any other section of this act, may, at any time within fifteen days thereafter, appeal therefrom to the mayor or recorder of the city of New-York, or to the governor of this state, in case he shall then be in the city of New- York ; and the said board 580 O^^' ^1 PILOTS. 2 ^ shall, if notified of such appeal, within the said fifteen days hereby limited antt allowed for the making thereof; forthwith certify and return their said act and decision in the premises, with the causes and reasons thereof, to the said mayor or re- corder of the city, or governor of the state, as the case may be, who, after hearing the proofs and allegations of the ap- pellant, and of the said board, shall decide thereon, and con- firm or reverse such act and decision of the said board of wardens, as to him shall seem just and proper ; and such de- cision shall be final and conclusive, and shall be reduced to writing, and transmitted by the said mayor, recorder, or go- vernor, to the said board of- wardens, who shall conform themselves thereto : Promded, That the act of revoca- tion or suspension appealed from, shall. continue in force, and the appellant be absolutely disqualified and disabled from acting thereunder until the same shall be reversed: And further, That it shall be the duty of the said mayor, recorder, or governor, to decide upon the said appeal, and to transmit his decisioi^ to the said board of wardens within twenty days after making the said appeal by the appellant ; and in default thereof, the act and decision appealed from shall stand con- firmed of course : And jyrovidcd also, That the several per- sons who now are branch or licensed pilots and deputy pilots of the port of New- York, may respectively continue in such their respective employments, unless their branches or licenses shall be Suspended or revoked as aforesaid. Apprenticfistobe 4. § X. And he it further enacted, That it shall be the duty of the said board of wardens, before they grant a branch or license to any person applying therefor, to act as a pilot or as a deputy pilot of the port of New- York, to call such ap- plicant before them, and in the presence of one or more of the branch pilots of the port of New-Y'"ork, who shall be personally notified to attend for the purpose, and whose duty it shall be to attend accordingly, and to assist in such exami- nation; or ii:^case of the non-attendance of the pilot or pilots who shall be so notified to attend for that purpose, thcnwitli- out the assistance or presence of any branch pilot, to examine such person so applying for a branch or license to act as a pilot or deputy pilot, or to cause him to be examined, touch- ing his qualifications for such an employment, and in par- ticular touching his knowledge of the tides, soundings, bear- PILOTS. ^^^ ings and distances of the several shoals, rocks, bars and points of land in the navigation for which he applies for a branch or ' license to act as a pilot or deputy pilot, and touching any- other matter the said board of wardens may think proper ; and if, upon such an examination, the persons so applying shall be found and appear to the board to be of sufficient ability, skill and experience to act as a pilot, or as a deputy pilot as the case may be, and not otherwise, the said board of wardens may grant him a license for piloting vessels by the way of Sandy Hook, or branch or license for piloting vessels through the channel of the east river, commonly call- ed Ilell-Gatc, or for acting as deputy pilot under a branch pilot, as such applicant shall desire, and be found qualified for. 5. XL And be it further enacted, That all such branches ^''[.X'seai!** or licenses so to be granted by the said board of wardens, to persons to act as pilots or as' deputy pilots, shall be under the seal of the said board of wardens, and shall be signed by the master, or in case of his death, absence or inability to act, by one of the wardens, and shall be attested by the clerk of the said board, or the person acting as clerk for the time being ; and which branches or licenses shall be in force, un- less revoked, (and except during the suspension of the pilot or deputy pilot acting under the same when suspended,) from the time of the granting thereof, until the same shall be revoked by the wardens as aforesaid; and if any person whomsoever, not being licensed as aforesaid, or who shall be suspended by the board of wardens, shall, under any pre- tence whatever, at any time after the passing of this act, pilot or offer to pilot, any siiip or vessel, to or from the port of New- York, by the way of Sandy Hook, for hire, or any compensation for such pilotage, when a branch pilot or de- puty pilot offers, he shall forfeit and pay to the said board of wardens the sum of fifty dollars for each and every vessel he shall so pilot, or offer to pilot ; or if any sucii person shall pilot, or offer to pilot, any ship or vessel, other than vessels employed in the coasting trade between the port of New- York and any other port of the United States, through the Sound or Hell-Gate, or shall pilot or offer to pilot, in like manner, any coasting vessel exhibiting the usual signal for a pilot to come on board, when a branch pilot or deputy pilot offers, he shall forfeit and pay the sum of thirty dollars for 582 PILOTS. Proviso, each and every vessel he shall pilot or offer to pilot: Pro- mdedj That in all cases where vessels shall be within sight of Sandy Hook, with the usual signal for a pilot, and no pilot offering for four hours, ft'om the first of April to the first of November, and two hours from the first of November to the first of April, it shall be lawful for any qualified person to Proviso, pilot the said vessel into port : Provided, That if after any vessel ^hall be so taken in charge by any person so qualified as aforesaid, and any branch or deputy pilot shall board and take charge, or offer to pilot such ship or vessel into port, he shall be entitled to receive the pilotage allowed by this law from the place he shall so take charge, or offer to take cfoargCy of such ship or vessel. m^yTrappihu- ^' § ^^^' ^^^ be U fuvtlier cuacted, That each bra??ch pilot ^'^- may have one deputy under him, to be appointed and licensed by the said board of wardens, to act as a deputy pilot under such branch pilot ; and which said deputy pilot shall be sub- ject to the same regulations, and liable to the same fines, for- feitures and penalties as branch pilots ; and that every branch pilot and deputy pilot of the port of New- York, before he enters on his employment as a pilot, or as a deputy pilot, To enter into a uudcr such brauch or license, shall enter into a rccos^nizance, recognizance. a ' < to the people of this state, before the mayor or recorder of the city of New- York, with two suflicient sureties, to be ap- proved of by the said board of wardens, each in the penalty of two hundred and fifty dollars, with condition, that he will diligently and faithfully execute the trust reposed in him, and the duties required of him, as such pilot, or deputy pilot, as the case may be, according to the directions of this act, and such rules, orders and regulations as may be given him in pursuance thereof; and every such recognizance, if forfeited, may, at the instance of the said board of wardens, or on the request of any party aggrieved, be prosecuted under the di- rections of the said board of v/ardens, in any court having cognizance thereof, to judgment and execution, as in other cases ; and the amount of such recognizance, when received, shall, by order of the coui^t inwhich the same shall be reco- vered, be so paid to the said board of wardens ; and the said board shall, in such case, and also at' any time after suit brought on such recognizance, if required by any party inter- ested therein, examine into and ascertain the damages sus- PILOTS. -^^3 tained by the party so aggrieved, and shall apply the monies which may be so recovered by them, or as much thereof as shall be required for the purpose, in or towards the pay- ment of the damages so ascertained, and shall make report, in writinor, to the court in which such recoverv shall be had, of the damages so ascertained, and of the payment so made, for or on account thereof: Fromdcd ahraijs, That if Proviso, the branch pilot, or deputy pilot, so offending, shall, before judgment obtained on his recognizance as aforesaid, pay to the party aggrieved the damages to be ascertained by the board of wardens, in manner aforesaid, together with the costs of suit, the suit, on such recognizance, shall be discon- tinued. 7. § XIII. And he it further enacted, That the branch Not less than 5 • I 1 -1 • 1 1 n r 1 r hnnXa to be kept pilots, herein above mentioned, shall, from and ailerthe pass- uy way or sanuy r- • 1 -1 • • Hook. ing of this act, keep and maintain in the piloting service to and from the port of New- York, by way of Sandy Hook, not less than five good and sufficient- pilot boats, such as shall be for that purpose examined and approved of by the said board of wardens; and that such boats shall be registered in the said warden's office; and it shall also be the duty of the mas- ters of such boat or boats, to report, in writing, to the said board of wardens, at their said office, in the city of New- York, on the first days of May and November, in each and every year, the names and numbers of the branch and deputy pilots, boat keepers and apprentices, attached to the said boat / or boats respectively: And further, That each and every pilot, and master of a pilot boat, offending against the forego- ing provisions of this section, shall forfeit and pay to the said board of wardens, for each and every offence, the sum of fifty dollars : And further, That it shall not be lawful for more than two boats' crews, not exceeding twenty persons in all, rartnrrsiiips pilots and deputy pilots included, but exclusive of appren- tices, to be in partnership, or have a joint or common inter- est or concern in this business as pilots, or in the pilotage, profits or emoluments thereof, without a special permit, in writing, for that purpose, from the said board of wardens ; and each and every pilot or deputy pilot, oflending against the provisions of this section, shall forfeit and pay, for each and every offence, the sum of fifty dollars ; and every con- tinuance of such i)arlnershij), or other joint or common inter- 584 PILOTS. est or concern, after suit brought against such offender, not- withstanding that the same may be varied or ahered as to parties or terms, or otherwise', and whether the same shall be so varied or altered, or not, shall be deemed a new of- fence in each and every person so continuing the same, who shall forfeit and pay the like sum of fifty dollars for each and every such continuance thereof, and so from time to time, on each and every subsequent suit brought; or if it shall be law- ful for the board of wardens, in their discretion, to revoke the license of any pilot or deputy pilot who shall offend against the provisions of this section, or to suspend him from acting as a pilot or deputy pilot for such time as the said board shall proper. whTmLtXiv7 ®* ^ ■^^^* ^^'^^ ^^ ^'^ further enacted, That if any pilot or '"endS'*^'*^'^^"'^' ^^P^^^ P^^^^ ^^^^^^ misbehave, when in the execution of his duty, it shall and may be lawful to and for the board of war- dens, on complaint thereof made to them, to appoint a time and place of hearing, whereof fifteen days' notice shall be given to such pilot or deputy pilot, and on due proof being made to the said board of wardens, to their satisfaction, of misbehaviour of such pilot or deputy pilot, to fine such pilot or deputy pilot therefor, in any sum not exceeding twenty- five dollars, or to suspend him for any term which the said Proviso, board may think proper: Provided always, That nothing herein cgntained shall be so construed as to prevent the owner or consignee of such vessel, or any other person or persons, from recovering his or their damages, if any, by oc- casion of such misbehaviour of such pilot or deputy pilot, in any court having cognizance of the same. Punishment of 9. § XV. And he it furtJier euacted, T\mi \i diXiY vtiXot OY diQ- pilot for losing a ., , i, t i i- i i i vessel. puty pilot shall negligently or carelessly lose any vessel un- der his care, and be thereof convicted by due course of law, he shall for ever after such conviction be incapable of acting as a pilot or a deputy pilot in this state ; and if any pilot or deputy pilot shall run any vessel on shore, he shall not be en- titled to any pilotage for such vessel. On suspension to iQ. ^ XVI. Aiidheit fiirt/ier euacted, That incase of the deliver up license ^ -^ i -i j suspension of any pilot or deputy pilot, such piloi or deputy pilot, so suspended, shall forthwith deUver up his branch or li- PILOTS. 585 cense to the said board of wardens, to be by them kept until the time for which he shall- be so suspended shall be expired, under the penalty of one hundred dollars for each and every refusal so to do. 11. § XVII. And be it further enacted, That the said mas- o?Sepu^«sKe ter and wardens, or either of them, or any other person not boats!™^ '"*^* being a branch, pilot or deputy pilot, shall not be concerned, directly or indirectl}^ in any pilot boat, or with any pilot in respect to the business of his trust. 12. fXVIII. And be it further enacted, That the said board timirto'^be"g\™a of wardens shall furnish every pilot or deputy pilot aforesaid, Jmlies.^ ^"^ ^^' with printed instructions, to be shown by such pilot or de- puty pilot, to the master or commander of every vessel, as soon as he shall go on board to take charge of such vessel to pilot her into the said port, under the penalty of ten dol- lars for cacli and every neglect or refusal. 13. § XIX. And be it further enacted, That tiic master, exfr^'^lLs'lTre'^ owner or consignee of any ship or vessel, appearing in dis- Sefs!^*^^^*"'^ '° tress, and in want of a pilot, on the coast, shall pay unto such branch pilot or deputy pilot, who shall have exerted himself for the preservation of such ship or vessel, such sum, for ex- tra services, as the said master, owner or consignee and pilot can agree upon; and in case no such agreement can be made, the board of wardens shall determine what is a rea- sonable reward ; and the sum so determined by them shall be paid in manner aforesaid. 14. § XX. And be it further enacted, That if the master of P'^'^'ty for rcfus- ^ ♦' ' ins to roreive a any ship or vessel, coming into or going out of the port of Jj^gs^.,"'" ^'^'"'^ * New- York, except schooners and sloops employed in the coasting trade, and licensed for that purpose, not over se- venty tons burthen, (unless such vessel shall make the usual signal for the pilot) shall refuse to receive on board and em- ploy a pilot, the master or owner of such vessel shall pay to such pilot who shall have offered to go on board and take charge of the pilotage of such vessel, half pilotage from the place at which such pilot shall have ollercd himself, to the said })«.>rt of New-York. 74 686 PILOTS. Allowance to 15. § XXI. And be it further enacted, That if any vessel pilots carried to ^ ^ . ^^^' going out of the port of New- York, shall carry oft' to sea, through the default of the master or owner of such vessel, any pilot or deputy pilot, when a boat is attending to receive such pilot or deputy pilot from on board such vessel, the master, owner or consignee of such vessel, shall pay the board of wardens aforesaid, for the use of such pilot or de- puty pilot, besides the pilotage of such vessel, at and after the rate of seventy-five dollars per month, until such pilot or deputy pilot shall return to the port of New- York aforesaid. Fees allowed to 16. § XXII. Aud be it further enacted. That it sliall be pilots by way of . ^ f. i -i Bandy Hook. lawful for cvcry branch pilot or deputy pilot aforesaid, to ask and receive pilotage from any person or persons who shall employ him to pilot any ship or vessel from the east- ward or southward of the white buoy, situate on the eastern edge of the outer middle ground, near the bar, to the port of New-York, and shall there safely moor such vessel, or take her to a proper wharf, as the master, owner or con- signee of such ship or vessel may desire, and likewise from any person or persons who sfiall employ him to pilot any ship or other vessel from the port of New- York to the east- ward or southward of the said white buoy, so far that such vessel may safely proceed to sea, at and after the rates fol- lowing, to wit : for ships and vessels of the United States, and for vessels of other nations that are permitted by the laws of the United States to enter on the same terms as ves- sels of the United States, the sums following, viz. for every ship or vessel drawing less than fourteen feet, one dollar and fifty cents for every foot such ship or vessel shall draw ; for every ship or vessel drawing fourteen feet, and less than eighteen feet, one dollar and seventy-five cents for every foot such ship or vessel shall draw ; and for every ship or vessel drawing eighteen feet and upwards, two dollars and twenty-five cents for every foot such ship or vessel may draw ; and for all other ships or vessels, an addition of one fourth to the above rates : And further, If the master or owner of any ship or vessel, having a pilot on board, shall choose to have his said ship or vessel moored at any place within Sandy Hook, and not destined to New- York as aforesaid, such pilot or deputy pilot shall be allowed the same rate of pilotage as if the said ship or vessel was moored or conduct- PILOTS. 587 ed to a proper wharf as aforesaid, and shall be entitled to his discharge from such ship or vessel within twenty-four hours thereafter : Provided, That no more than half pilotage, at Proviso, the rate aforesaid, shall be demanded or received by any such pilot, who shall, to the westward of the said white buoy, take charge of any ship or vessel coming into the port of New- York : And provided also, That no pilotage whatever shall be demanded or received by any such pilot for any such ship or vessel coming into the said port of New- York, unless such pilot shall take charge of such ship or vessel to the south- ^ ward of the upper middle ground, and such vessel be at least of the burthen of seventy tons, unless such vessel shall make the usual signal for a pilot, in which case it shall be the duty of such pilot to take charge of such vessel, and such pilot shall then be entitled to half pilotage therefor as aforesaid : And farther, That between the first day of November and the first day of April, inclusive, in every year, such branch pilot or deputy pilot may ask and receive the additional sum of four dollars for every ship or other vessel drawing ten feet and upwards ; and for every ship or other vessel, draw- ing less than ten feet water, the additional sum of two dollars. 17. § XXTII. And he it further enacted. That it shall be Fees on taking chflfc of Ji vos- lawful for every branch pilot or deputy pilot aforesaid, to ^^i-i at a certain , , . * /• I J I , , „ distance from ask and receive from any person or persons, who shall em- la 'd- ploy him to pilot any ship or vessel, and which said ship or vessel shall be taken in charge by such branch pilot or de- puty pilot, at such distance from land as tliat vSandy Hook light-house could not be seen from the deck of the said ves- sel, in the day time, in fair weather, the addition of one- fourth to the rates of pilotage allowed by virtue of the pro- visions of this act: Provided nevertheless, That the. branch pilots or deputy pilots belonging to any boat which shall have piloted any ship or vessel into the port of New-York, by the way of Sandy Hook, shall be entitled to a preference in piloting the said ship or vessel out of the said port on the next outward voyage of the said ship or vessel, if the said voyage be by the way of Sandy Hook : Provided also, in casr Proviso, of non-atlcndance of some one of the said pilots or deputies, at the time and place required by the master, owner or con- signee of such ship or vessel, that then it shall be lawful for the said master, owner or consignee to employ such other 588 PILOTS. Fees for deten- tion or pilot. branch pilot or deputy pilot as they may think proper ; and the said pilots or deputies shall, by such non-attendance, be deemed to have relinquished the preference provided for them as aforesaid ; but in all other cases where there is no preference given as aforesaid, it shall be the duty of the board of v^ardens to apportion the vessels outward bound, by the way of Sandy Hook, as equal as may be, amongst the pilots and deputy pilots licensed for that purpose. 18. § XXIV. And be it farther enacted. That for every day which any pilot or deputy pilot shall be requested to re- main, or be detained, on board any ship or vessel, by the master, owner or consignee, over and above the usual de- tentions of getting ships and vessels from the wharf to sea, and from sea to the w^harf, he may demand and receive the sum of three dollars per day for each and every day he shall be so detained. Fees of pilots through Hell- Gate. Proviso. 19. § XXV. And he it further enacted, That every pilot licensed to pilot vessels through the channel of the East river, commonly called Hell-Gate, may demand and receive from the master of any ship or vessel, to whom he shall ten- der his services as a pilot, and by whom the same shall be refused, and for detention on board of any vessel, (over and above the usual detention of navigating vessels through the channel of the East river, commonly called Hell-Gate,) three- fourths of the rates of compensation herein before allowed to the other licensed pilots of the port of New-York in those cases ; and in all other cases, they may demand and receive such rates of pilotage as shall be established by the board of wardens aforesaid, for such pilots : Provided, That nothing shall be demanded and received from the master or owners of any vessel employed in the coasting trade, and sailing under a coasting license through the East river or Sound, commonly called Hell-Gate, unless such vessel shall make the usual signal for a pilot. Apprentices to be engaged. 20. § XXVI. And he it farther enacted, That to each and every boat in the pilot service, to and from the port of New- York, by the way of Sandy Hook, there shall be no less than two apprentices, who shall be indented to the master of the said boat or boats, or some other branch or deputy pilot PILOTS. 589 attached to the said boat or boats, for a term not less than five years, (copies of which indentures shall be filed forth- with in the ofRce of the said wardens) and it shall be the duty of the master pilot to whom such apprentices shall be indented, to attend diligently to the instruction of said ap- prentices, in the art and myster}- of a pilot, and from time to time, and not less than once in every month of the two last years of the said apprenticeship, to take such apprentices on board of ships or other square-rigged vessels, for the pur- pose of teaching said apprentices to work and manoeuvre such ships or vessels : And further, The said board of war- dens, shall, annually, in the month of May, cause all the said apprentices to be examined in their ofHcc, in the presence of two or more of the branch pilots, who are hereby required to attend for that purpose, touching and concerning their knowledge of the tides, bearing and distances of the several shoals, reefs, bars and points of land, currents and every other matter the said board of wardens may think proper, tending to promote the safe navigation of vessels between the citv of New- York and Sandv Hook. rsons to be em- rd hv way of 21. § XXVII. And he it further enacted. That the branch [;,';[^ pilots, the deputy pilots, apprentices indented as above men- '^■"''y ^'•^«^- tioned, and boat-keepers, (to be selected from the deputy pilots or apprentices,) shall be the only persons employed in the pilot service to and from the port of New- York by the way of Sandy Hook. 22. § XXVIII. And he it further enacted, That it shall be Tho imd to i»e the duty of every branch pilot, or deputy pilot, upon taking ^'"^"^"'^ charge of any vessel, either outward or inward bound, to cause the lead to be regularly hove, and to see that the lead line is properly marked, and in default thereof, that he forfeit his pilotage. 23. § XXIX. And he it further enacted, That incase the Amount of piiot- owner or consignee oi any snip or vessel, shall not be satis- |>y the wardens fied with the amount of pilotage charged against such ship or vessel, by the branch or deputy pilot, for the pilotage of such ship or vessel, to or from the port of New- York, it shall be the duty of such pilot or deputy pilot, to have the amount of pilotage claimed by him as aforesaid, taxed or 590 PILOTS. certified by the board of wardens of the said port, who are hereby required to examine and certify the same, without fee or reward ; and that no suit or action shall be brought or maintained for such pilotage until the same shall be taxed or certified as aforesaid. ^ToStSn?"' 24. § XXX. And be it further enacted, That in order to prevent intoxication in persons having the charge of ships and vessels, as pilots, that if any branch pilot or deputy pilot shall become intoxicated in charge of any ship or vessel, as pilot, he shall for the first offence, forfeit his pilotage, be suspended from duty for six months, and in addition thereto forfeit and pay fifty dollars to the trustees of the pilots' charitable society ; and for the second offence be deprived of his breach or license, as the case may be, and be for ever thereafter incapable of acting as pilot : Promded always. That the penalties aforesaid, or any other forfeitures or pen- alties incurred by virtue of this act, or by the rules and re- gulations of the master and wardens, made in conformity with this act, shall not be inflicted until such pilot or deputy pilot shall first have been summoned, and such other pro- ceedings had, as are provided for by the ninth section of this act. Certain monies 25. § XXXI. And he it furtJiev cnactcd, That the half pilot- Piiots' Charitable agc authorized and directed to be paid by the twentieth section ociety. ^^ ^j^.^ ^^^^ ^j^^jj ^^ ^^.^ ^^ ^^^ trustees of the pilots' chari- table society, to be by them appropriated, together with any other monies, in such manner as they may see fit, to the relief of distressed pilots, and the widows and children of deceased pilots. Finps,&c.howto 26. § XXXII. And he it further enacted, That all forfeit- ures, fines and penalties, which shall or may be recovered and received by the said board of wardens, under and by virtue of this act, and not otherwise appropriated, shall be appHed, in the first instance, for, in, or towards the payment of such costs of suit and disbursements of the said board of wardens, in their prosecutions and proceedings, under this act, against ofl^enders, as shall not be received by them from the party or parties so prosecuted or proceeded against ; and the overplus and residue thereof, if any overplus there should PILOTS. 59i be, shall be accounted for and paid over, on the first Monday of June, in each and every year, to the pilots' ch(^ritable fund, in the city of New-York, for the use and benefit of that association. CHAP. XCIII. AN ACT relative to the Port Wardens and Pilots of the Port of New-York. Passed March 30, 1831, p. 12G. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. There shall be appointed, in the manner now provid- gj^ wardens to ed by law, six wardens of the port of New- York, including appointed. the master warden. § 2. Two special wardens shall be appointed in like man- Two special war- ^ ^ ^ f ^ dens to be ap- ner, to reside at the quarantine ground in the county of Rich- po»"ttHi. mond, whose duty it shall be to act as wardens only in re- gard to vessels and goods subject to quarantine at that place. § 3. Such special wardens shall make returns of all sur- To make returns, veys held by them, and of all other duties by them performed, to the board of wardens, within forty-eight hours after such survey is made. § 4. The said special wardens shall be entitled to receive, Their feea. for the services performed by them, the same rate of fees as are allowed by law to the wardens of the port for similar services. 27. § 5. The number of branch pilots of the port of New- Branch pilots by York by the way of Sandy Hook, is hereby fixed at thirty, Hook" ^" ^ who shall be appointed in the manner now prescribed by law, and hold their appointments for two years, and until others are appointed in their places. 28. § 0. There shall be appointed by the governor, with Bywayofiieii- thc consent of the senate, not exceeding thirteen pilots for 593 PILOTS. the East river and Hell-Gate, who shall hold their appoint- ments ^ provided in the preceding section ; such pilots shall only be appointed from those who shall have been examined and received certificates of the wardens of the port, and that they are competent to act as pilots. CHAP. CCVII. AN ACT to amend the Act passed February 19//?, 1819, relative to the Port-Wardens, Harbor-Masters and Pilots of the Port of Neic-York, Passed April 16, 1830, p. 227. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Hell Gate. 29. § 1. The provisions of the twenty-fifth section of the act hereby amended, shall extend and apply to all vessels navigating the channel of the East river, commonly called Hell-Gate, except vessels sailing under coasting license of less than one hundred tons burthen. Penalty. 30. § 2. If any person other than a branch or licensed pilot, shall pilot for any other person, any vessel of any descrip- tion, through the channel of the tast river commonly called Hell-Gate, or board such vessel for that purpose, he shall forfeit and pay the sum of thirty dollars for every such offence, to be sued for and recovered in the name of the master warden of the port of JVew-York, before any jus-» tice or court having cognizance of the same in the city of New^-York ; and all such fines, when recovered, after pay- ing necessary costs and charges, shall be deposited in the Savings Bank, and constituted a charitable fund, to be dis- posed of for tlie benefit of indigent widows and orphan chil- dren of deceased East river pilots under the direction of the board of wardens. Half-pilotage. 31 § 3. Thc half pilotagc authorizcd by law to be collected whenever a pilot shall be refused, shall be paid over to the master warden, and by him dis^posed of in the manner pre- scribed in the last preceding section. I PILOTS. 593 CHAP. CXCVI. AN ACT to amend an act entitled " An act to amend an act entitled " An act to reduce several laws relating particularly to the City of New-York into one act so far as the same relates to the Master and Wardens, Harhor-Masters and Pilots of the Port of New-York, and their diUies, and for other pur- poses," passed February 19, 1819. Passed April 12, 1822, p. 195. 32. § I. Be it enacted by the People of the State of New- I'g^^eSpiofi York, represented in Sejiate and Assembly, That if the master j;j^'«t <:oming into of any ship or vessel, (except schooners and sloops under seventy tons, employed in the coasting trade, licensed for that purpose, and not making the usual signal for a pilot,) coming into the port of New- York, shaW refuse to receive on board and employ a pilot, who shall have offered to go on board, and to take charge of the pilotage of such vessel, the master, owner or consignee of such vessel shall pay to the trustees of tlic pilots' charitable society half pilotage from the place at w^hich such pilot shall have offered himself, to the said port of Nevz-York. 33.^ II. And be it farther enacted, That if the master. And going out of . . . po"- owner or consignee of any registered or square rigged vessel, going out of the said port of New- York, shall refuse to re- ceive on board or employ a pilot who shall have offered to go on board and to take charge of the pilotage of such vessel, the master, owner or consignee of such vessel shall * pay half pilotage to the trustees of the pilots' charitable society. 34. § III. And be it further enacted. That any pilot, not- P'l^ts may be withstanding his being a member of the pilots' charitable so- ciety, may be a competent witness to prove the refusal by the master, owner or consignee, to receive on board and em- ploy a pilot as aforesaid; and the twentieth section of the act hereby amended is hereby repealed. 75 594 POLICE OFFICE. [Forty- Sixth Session.'] POIilCE OFFICE. CHAP. LXXXVI. Act to reduce, <^c. passed April, 9, 1813. jK. L. Vol. 2, p. 350. Bbct. I. Tolice office established. 2. Who may act as conservators of the peace therein. 3. Three special justices and clerk appointed. 4. Examinations and recognizances to be lodf^ed in said office. 5. Recognizances when to be estreated and when delivered to common council. 6. Salary of justices and clerk. 7. Clerks' fees. 8. Duty of justices in relation to goods and chattels of intestates. 9. Judges to account for monies and goods unclaimed. 10. VViien property to be restored to owner. 11. Unclaimed property to be sold at auction. 12. 44. Mayor to selectt)fflcers to attend Police Office. 13. Proceeds of sales of unclaimed property how disposed of. 14. Assistant clerk. 15. Special justices may compel attendance of witnesses. 16. Watchmen to obey order of justices. 17. Justices to examine persons and discharge watch. 18. Disorderly persons how discharged. 19. Bonds of disorderly persons where lodged. 20. Poiversof special justices. 21. Further powers. 2J. Common council to direct where Police Office shall be kept. 23. Additional justice to be appointed. 24. Office to be north of Grand-Street. 25. Marshals in New- York may be increased. 2G. Who are deemed vagrants. 27. Duty ofpeace officer in relation to vagrants. 28. Proceedings against vagrants. 29. s — pert-ous intoxicated. 30. Penalty of riding or.driving at greater speed than five miles an hour. 31. Recognizance to appear and keep the peace, &.c. 32. Who disorderly persons. ^ 33. Disorderly conduct. 34. Powerof special justices to let to bail. 35. Pow«r of the Court of Sessions relative to costs. 36. In relation to second convictions. 37. After a conviction of Petit Larceny. 38. Penalty for buying or receiving stolen property, knowing, ice. 39. Powers of the common council in relation to Hawkers and Peddlers. 40. «- in relation to dealers in old Iron, Brass, &c: 41. Forfeitirte for violating two last sections. 42. Common council to pass ordinances to ascertain the number of births and regulate Pawnbrokers. 43. Powers of the common council and justices in relation to abandoned children. 44. Special justices may select Constables and Marshals. 45. Powers of the common council in relation of keepers of ordinaries andj victual- ling houses. 46. Penalty for violating ordinances. 47. One or more clerks of Police may be appointed. POLICE OFFICE. 595 1. § XXII. And be it further enacted, That for the more Paiice office m- effectaally discbvenng and apprehending offenders in the city *^ ^ * • of New- York, an office shall continue in the said city, to be denominated the police office in the city of New- York, and to be kept at such place or places as the mayor, aldermen and commonalty of the said city shall from time to time pro- vide and assign. 2. § XXIII. And he it further enacted, That it shall be law- chancellor, ful for the chancellor, every of the judges of the supreme ^rltfcoxm, m^- court, the mayor, recorder, and every of the aldermen of the aldernlen/^2ay. said city, whenever they shall severally deem the occasion ^''^ ^'^'^^'"■ to require it, to be in the said office, and then and there to do every act which they shall deem requisite to be done by them as conservators of the peace. 3. 6 XXIV. And he it furtlier enacted, That three justices thicc special 1 n 1 • ^ r • i ii i i ^ justices tO be ap shall be appomted as oiten as it shall be deemed necessary, pointed, each of whom shall be denominated in the commission to him, a special justice for preserving the peace in the city of New- York, and shall within the said city execute the like authori- ties which are by law vested in justices as conservators of the peace : and there shall also, as often as it shall be deem- ed necessary, be a clerk appointed to be denominated in lh(? commission to him, the clerk of the police office in the city ci,,rk of /ii<< po- of New-York: Provided however, That the persons now '"^*'''"'^*^' holding the said offices of special justice and clerk as afore- said, shall continue to hold tlic same until others shall be ap- pointed and commissioned in their stead. 4. § XXV. And be it further enacted. That all recogni- Rcrosnizanre zances from parties to appear and answer, or from witnesses a.RV^'irposiHons, to appearand testify, and all examinations of parties charged Jl^uc^c oSlcx- '' with offences, and depositions of witnesses respecting of- fences, taken elsewhere in the said city than in the said police office, shall forthwith be lodged in the said police c/ffice, by the chancellor, judge, mayor, recorder, special justice or other magistrate taking the same, and every recognizance for the appearance of parties of witnesses at any court to be lield in the said city, and every examination or deposition re- specting offences charged to have been committed in the said city, taken in any other county, shall be transmitted by 596 POLICE OFFICE. •te?£^^** ^' ^^^ *^^ magistrate taking the same to the clerk, to be lodged In the said police office, and as often as any recognizance for the appearance of parties or witnesses at any court, to be held in any other county, or any examination or deposition respecting offences charged to have been committed in any other county, shall have been taken or lodged in the said po- lice office, the clerk shall transmit the same to the clerks of the respective counties ; that at every term of the supreme court, at every sessions of oyer and terminer and jail de- livery and of the peace, to be held in the said city, the clerk of the said police office shall deliver into court all recogni- zances which shall then be in the said police office for the appearance of persons at the said courts respectively, to- gether with all examinations and depositions which shall then be in the said police office respecting offences charged to have been committed in the said city; that it shall, among other things, be required of the said clerk to reduce to wri- ting all examinations and depositions, and to make out in due form all recognizances, and all warrants and other pre- cepts which shall be made, taken, or issued before or by any magistrate in the said police office, and generally to do and perform all such services and business in the said police office as shall be to be done and performed in writing, and to- do and perform every such other reasonable services and *, business relating to his trust as shall be required of him by the magistrates or magistrate, who at the time shall be and attend in the said police office, and to have the charge and custody of all recognizances, examinations and depositions which shall have been taken or lodged in the said police office until the same shall be delivered into the respective courts, or transmitted to the respective counties as the case shall be, and all other papers in the said police office. Certified copies ^' § XXVI. And be it father enacted, That it any recog- nizTncel" [T%. nizaucc shall be taken before any court within the said city office? *" "**'* for good behaviour or keeping the peace, a certified copy of the record thereof, taken from the minutes, forthwith shall be lodged by the clerk of the court of the said police office ; and all recognizances from persons obtaining licenses or permits to retail strong or spirituous liquors within the said city, in future shall be lodged in the said police office : and it shall be the duty of the said special justices, at all times, to be POLICE OFFICE. 597 Tigilantly observant of the demeanor oi' the several persons bound by any such recognizance, in respect to the matters for which thev shall be so respectively bound: and if at any Recognizance *' 1 •■ •^ wlicn to be 63- time there shall appear to either of the said special justices treated into the , , , ^ . . 1 exchequer. probable cause for supposmg any such recognizance to have become forfeited, the clerk of the said police office shall thereupon estreat such recognizance into the court of ex- chequer, unless the same shall have been taken from persons obtaining licenses or permits to retail strong or spirituous liquors within the said city; and if such recognizance shall when to be de have been taken from any person obtaining such license or common council, permit, then the said clerk shall deliver such recognizance to the common council of the said city ; and in each case the said clerk shall deliver, with the said recognisance, a me- morandum in writing of the facts from which such pro- bable cause shall have arisen, and of the names, occupations and places of abode of the witnesses, to prove such facts. 6. § XXVII. And be it farther enacted^ That there shall saiaiy of tho be allowed to each of such special justices a salary at the rate of seven hundred and fifty dollars per annum, together ^"'^ '"^''^• with such fees as are allowed to justices of the peace. And to the said clerk of the said police office, a salarv at the rate .^-^I'liy of the 1 ' • clerk. of seven hundred and fifty dollars per annum, together with the fees herein after mentioned : but this provision shall not Expenses of the be deemed to prohibit the mayor, aldermen and commonalty frayed, of the said city, in common council convened, from making such further and additional allowance to the said special jus- tices and clerk, and to provide for the further expenses of the said poHce office as they shall judge necessary and pro- per: and the whole of the said expenses, comprehending the said salaries, shall be deemed a part of and shall be defrayed as the other contingent charges of the said city and connty. 7. § XXVIII. And he it further enacted, That it shall be lawful for the clerk of the police in the city of New- York, to receive the following fees, to wit : For drawing every affi- davit, twelve and an half cents ; every warrant, six and one fourth cents ; every recognizance, six and one fourth cents ; every warrant or summons in bastardy, twelve and an half cents ; drawing every order in bastardy, twenty-five cents ; every commitment, six and one fourth cents ; every dis- Clcrk'a fees. 598 POLICE OFFICE. charge, six and one fourth cents : drawing acknowledgment of satisfaction, and entering ihe same on minutes, twenty- five cents ; taking examination, twelve and an half cents ; to be paid by the party applying for such services : but nothing herein contained shall extend to cases of felony. Special justices 8. § XXIX. And he it further enacted,. m\^i upon the death duty rrspectinsi "^ - ^ ^ the property of of auv pcrson intcstatc, not leavinor a widow or next of kin certain mtets- c tates. of competent age, within the said city, to take upon them- selves the administration of the goods, chattels and credits of such intestate, as may be within the said city, it shall and may be lawful for the said special justices, or either of them, to take such measures as they, or either of them, shall think proper lor guarding and securing the property and effects of such intestate from embezzlement, until administration thereof shall be granted to the chamberlain of the city of jVew- York, the expenses whereof shall be paid by the said administrator, in preference to any debts whatsoever, aild immediately after the funeral charges of the intestate shall be discharged, i Justices when ^' § XXX. Aud he it further enacted, That it shall be the c.nuu'fo?moi.i'!s", duty of tlic said special justices, on the iirst Monday in Janu- Sfmed^in said ary and July, in each and every year, to account upon oath oflice. before the mayor, or in his absence, the recorder of the said city, for all such monies, goods, wares and merchandises, as shall then be remaining unclaimed in the said police otBce ; and immediately thereafter to give public notice, for six . weeks, in one of the papers printed in the city of New* York, to all persons interested in, or claiming the said property, to make proof thereof on or before a day therein to be nam.ed : Provided, That if any goods, wares and merchandises, which are of a perishable nature, shall at any time remain unclaimed in the said police office, it shall be lawful for the said special justice^ to sell the same, at such time and after such notice as to them shall seem proper. Upon proof of 10. § XXXI. Aud hc it fitrthcr enacted, Tliat the said spc- pvopertv to re- . . . . ^ . „• " r r i ' i i T store "same to cial justiccs, II satisiactory proot ot property sljall be made expenses. '" bcforc them, shall, after pa^^ment of all expenses incurred, immediately cause the said property, proved to belong to such claimant as aforesaid, to be delivered over to him or his lawful attornev. POLICE OFFICE. 599 11. 6 XXXII. And b3 it further enacted. That it shall be unciaimod pm- ' >' ' perty to be sold the duty of the said special justices to cause all property ^^(,/"^„j ^'Jo- remaining unclaimed after said notice, (money excepted) to ^^^fj.^^J'e;**^"^*'^ to be sold at public auction to the highest, bidder. And it shall also be their duty forthwith to pay the proceeds of such sale, and on the expiration of the notice aforesaid, the monies in their hands into the city treasury, first deducting the charores of said notice and sale. o 12. § XXXIII. And he it further enacted, That the mayor ^Sj^^^'t^^JtS of the said city shall, from time to time, select as many of ^^^'^^^ °**='''- the constables and marshals thereof, as he may deem requi- site for police officers, whose duty it shall be to attend daily at the said police office, and execute the commands and orders of the said justices. 13. § XXXIV. And be it further enacted. That the fund so pmceeds of saie« as aforesaid deposited in the city treasury-, shall be applied \^^txj Tow di's- to compensate the said police officers for extraordinary ser- ^'"'^ vices and to promote the detection and apprehension of offenders, the accounts for which shall be certified by the said justices, and on "being approved of by the mayor, shall be paid out of the said fund on a warrant being directed by the common council for that purpose. 14. § XXXV. And he it further enacted, That it shall and Assistant cicrk may be lawful for the said special justices, with the appro- ^^^^^^^^"""^ • bation of the mayor, to employ an assistant clerk who shall be compensated out of the said fund, or in such other way as the common council shall direct. 15. § XXXVI. And he it further enacted. That it shall be spmai justicps the duty of the said special justices, and they are hereby auendance of* authorized, whenever they have reason to suspect that any tainc^. complaint for a misdemeanor is unfounded, to compel the attendance of witnesses, in order to examine into the truth of such complaint ; and if on such investigation it shall ap- pear that the charge is not supported, it shall be dismissed. 16. § XXXVII. And he it further enacted,' Th3.t it shall be watchmm to the duty of the watchmen of the said city to obey such orders of thci'ustk4*'i^ and directions as thev shall, from time to time, receive from "'''*'" '^^^^' 600 POLICE OFFICE. PfOTiao. the said special justices relative to the detection and appre- hension of offenders : Provided, That such orders and direc- tions shall not violate the ordinances of the common council for regulating the watch of the said city. S"lopc^S" 1^- § XXXVIII. And he it further enacted, That it shall tamed by waicji. |jg ^^q J^^y. ^^ ^^^ gg^' j JQstices, or one of them, to examine all persons apprehended and detained in custody by the night watches of the said city, and to make such order there- on as the. circumstances of each case and justice shall re- quire, and likewise to superintend and direct the discharge chir|e watch^'^" <^f ths Said watch every morning upon the conclusion of the service of the night. And whereas disorderly persons committed as such to the bridewell of the city of A'ew-York, frequently are desirous to be discharged upon their finding surety for their leaving the state and not returning within a certain given time : Therefore, Disorderly per- 18. § XXXiX. Be it further enacted, That it shall and sons now dis- charged on bond ii^ay be lawful for the mayor or recorder, or either of the or recognizance •' special justices for preserving the peace in the city of A^ew- York, to discharge any such disorderly person, on his or her entering into a bond or recognizance, with such security and to such an amount as may be deemed proper (but if not thought necessary, may be dispensed with) to the mayor, al- dermen and commonalty of the city of New-York, conditioned that such disorderly person shall leave the state within a given time, and not return again within a certain given time to be , specified in such bond or recognizance, and also to be of good behaviour during the time he or she shall remain in the said city, previous to his or her leaving the same. Bonds or recop- jg^ § XL. And be it further enacted. That all such bonds? nizances entered ^ "' into by such per- Qj^. i-ecofrnizanccs entered into as aforesaid, shall be lodared sons, where to be ^^^^^^ s ^ lodged. jj^ ^jjg office of the clerk of the said city of New- York, and on a breach of the condition thereof, it shall be lawful to sue and recover on any such bond or recognizance in any court having cognizance thereof. h!ve"^owers''a3 ^0. § XLI. And he it further enacted, That the special pe'Slf^'n^^oiher justices fpr preserving the peace in the city of New- York, counties. POLICE OFFICE. 601 and each of them, shall have and exercise the like powers in the said city, as are now exercised by justices of the peace in the different counties of this state : Provided, That Proviso, nothing herein contained shall be construed to authorize said justices to try causes for the recovery of debts. 21. § XLII. And be it further enacted, That the said spe- of^spedauus"" cial justices, and each of them, shall have and exercise the *^^^' like powers as may be lawfully exercised out of the sessions by the aldermen of the said city in relation to all cases of bastardy, and to all cases respecting apprentices, servants and vagrants or vagabonds, arising within the said city, and shall also have power to take recognizances of special bail, and to administer oaths in causes depending in the supreme court of this state, and in the court of common pleas, called the mayor's court, of the said city, and to take affidavits to be read in the said courts. 22. § XLIII. And he it further enacted, That it shall be Common council " •^ r \ ' -i • r • ^" direct Uhen lawful for the common council of the said city, from time to and where police •^ . office shall b« time, to direct by an ordinance or ordinances, the keepmg kept open, open of the said police olHce, for the transaction of the busi- ness thereof at all or at such times, (Sundays excepted) and at such place or places as may be deemed most beneficial to the public. And it shall be the duty of the special jus- tices, and all the officers employed in the police office, to obey such ordinances. CHAP. LVIII. AN ACT providing for the appointment of an additional Special Justice for preserving the Peace in the City of New- York, and for oilier purposes. Passed March 26, 1832 p. 107. The People of the State of Neiu-York, represented in Senate and Assembly, do enact as folloics : 23. § 1. It shall be lawful for the common council of the Additional juk- city of New- York to appoint an additional police or special pointed, justice for preserving the peace in the said city: so that there shall be in all, four of the said special justices in the said city: and such additional special justice shall have the like powers, and perform the same duties as are now by law 70 603 POLICE OFFICE. conferred upon or required from the special justices of the city of New- York, and shall receive the like compensation. Office to be north of Grand-street. 24. § 2. It shall be lawful for the said common council to establish an office as a branch of the police office of the said city, in any part thereof north of Grand-street, and the same when established shall, for all legal purposes, be deemed a police office of the said city. Marshals* 25. § 3. The number of marshals in the city of New-York may be increased, provided the whole number thereof shall not at any one time exceed one hundred. Who deemed va grant*. AN ACT relative to the Powers of the Common Council of the City of New-York, and the Police and Criminal Courts of the said City* Passed January 23cl, 183,?. The People of the State of New-Yorli, represented in Senate and Assembly, do enact as follows : 26. § 1. All persons who, being habitual drunkards, are destitute and without visible means of support: or who, being such habitual drunkards, shall abandon, neglect, or re- fuse to aid in the support of their families, who may be com- plained of by such families : all persons who shall have cour tracted an infectious or other disease in the practice of drunkenness or debauchery requiring charitable aid to restore them to health ; all common prostitutes, who have no lawful employment whereby to maintain themselves ; all able-bodied or sturdy beggars, who may apply for alms or solicit charity; all persons wandering abroad, lodging in watch-houses, mar- ket-places, sheds, stables, or uninhabited buidings, 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 and receive alms within the said city, shall be deemed vagrants. Duty of peace 27. § 2. It shall be the duty of every constable or other aTionto^aVaVts" officcr, whenever required by any person, to carry, convey * This act has been received from the office of the secretary of state at Albany, since the preceding matter of this vokime was printed. It will be seen, that it extends the power et the justices, in relation to disorderly persons, vagrants. Sec. POLICE OFFICE. COS or conduct such vagrant before the mayor or recorder, or one of the aldermen or special justices of the said city for the purpose of examination. 28. § 3. If any such magistrate's be satisfied by the confession Proceedings n 1 rr ^ • i i • against vagrant«. 01 the olicnder on 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 court of sessions : and shall by warrant under his hand, commit such vagrant, if not a notorious oflendcr and be a proper object for such relief, to the almshouse of the said city for any time not exceeding six months, there to be kept at hard labor, or if the oficnder be an improper person to be sent to the almshouse, then such person shall be committed for the like time to the peniteniary of said city. 20. § 4. Any person who shall be intoxicated under such proceedings circumstances, as shall, in the opinion of any such magistrate, rmSafed''^''' amount to *a violation of public decency, may be convicted of such offence by any such magistrate, upon competent testi- mony, and fined for such offence any sum not exceeding five dollars ; and in default of payment of such fine may be com- mitted to prison by such magistrate until the same be paid : but such imprisonment shall not exceed five days. 30. § 5. Any person who shall drive or ride any horse Penalty for riding Ihrough any street, lane, alley, or public place within the grnateVrpoed , -,..., . r -^T ■\r ^ • i i than five milea lamp district in the city oi New- York, with greater speed an hour. than at the rate of five miles an hour, shall be deemed guilty of disorderly conduct, and upon conviction thereof by any sr.ch magistrate cither upon the confession of the party or competent testimony, may be fined for such offence any sum not exceeding ten dollars ; and in default of payment of such fine may be committed to prison by such magistrate until the same be paid ; but such imprisonment shall not exceed ten days. 31. § G. In all cases in which, by the provisions of titles first Rrcosni/.ance and second and chapter second of part fourth of the revised klj^^jIXe "^pence, statutes, any magistrate in tho city of New- York might re- quire any person to enter into a recognizance with sufficient 604 POLICE OFFICE. surety or sureties, to appear at the next court of general sessions, it shall be lawful for any such magistrate either in addition thereto or in lieu thereof, to require any such person to enter into a recognizance with sufficient surety or sureties to keep the peace to the people of this state, and particularly to any person requiring such security, for a term not exceed- ing'twelve months, and in default of giving such recognizance with sufficient surety or sureties, to commit such person until the same may be entered into, and the magistrate who may have required such sureties may in his discretion, at any time, discharge the same. Who disorderly 32. § 7. All Dcrsons who may have actually abandoned persons. i • • i i i i their wives or children in the city of New- York without adequate support, or in danger of becoming a burden upon the public ; or who may neglect to provide according to their means for their wives or children, are hereby declar- ed to be disorderly persons within the meaning of title fifth of chapter twelfth of part first of the revised statutes, and may be proceeded against as such in the manner directed by the said title : and it shall be the duty of the magistrate be- fore whom any such person may be brought, for examina- tion, to judge and determine from the facts and circumstan- ces of the case, whether the conduct of any person amounts to such desertion or neglect to provide for his wife or chil- dren. Disorderly con. 33. § 8. In all complaints before any magistrate in the city of New- York, for disorderly conduct, it shall be lawful for such magistrate, if in his opinion, such disorderly conduct tends to a breach of the peace, to require the party against whom such conduct may be proved, either by his or her con- fession or by competent testimony to give sufficient surety or sureties for his or her good behaviour, for any time not exceeding twelve months, and the magistrate who may have required such surety or sureties, may in his discretion, at any time, discharge the same. Power of special 34. § 9. The Special justices for preserving the peace in justices to let to ^^^ ^-^^ ^^ Ncw-York, shall respectively have power to let to bail, in ail cases where a judge of the court of general sessions in the said city is authorized by law% to let to bail. POLICE OFFICE. 605 35. § 10. Ill all complaints of assault and battery tried power of the before the court of sessions in the city of New- York, the in"'^rdaUoir*''iJ said court shall have power in its discretion to order the '^^^^' complainant to pay costs incurred by reason of such com- plaint, and to commit such complainant to custody until such costs be paid, provided they shall be satisfied that such com- plaint was malicious or without any reasonable or probable cause, and provided such imprisonment shall not exceed two ^ days. 3G. § 11. If any person convicted of an offence, punishable in relation to 1 • • '• • 1 n 1 T 1 1-1 second coMYic- by imprisonment m a state prison, shall be discharged either lions. upon being pardoned, or upon the expiration of his sentence ; and shall subsequently be convicted in the said city of New- York of petit larceny, or of an attempt to commit an offence which, if committed, would be punishable by imprisonment in a state prison, tlien the person convicted of such subse- quent offence may be punished by imprisonment in the peni- tentiary of the said city, or in a state prison, in the discre- tion of the court before whom such subsequent conviction shall be had, for a term not exceeding five years. 37. § 12. Every person havinn^ been convicted of petit ^^^'^'■•7<"onvir- ■' -^ i o ^ tion ol pent lar- larceny, or of an attempt to commit an offence, which if per- "">'• petrated, would be punishable by imprisonment in a state prison, and having been pardoned, or otherwise discharged, who shall subsequently be convicted in the said city of New- York of petit larceny, or of any attempt to commit an of- fence, which if perpetrated would be punishable by impri- sonment in a state prison, may be sentenced by the court be- fore whom such conviction may be had in its discretion, to imprisonment either in the penitentiary of the said city or in a state prison, for a term not exceeding five years. 38. § 13. Whenever a conviction shall be had in any cri- ponaity for bav- minal court in the city of New-York of any person for buy- Se "'' piopmy^ ing or receiving any personal property feloniously stolen '*"^""'^'*''^* from another, knowing the same to have been stolen, such person may be sentenced, in the discretion of the court, to imprisonment in the penitentiary of the said city for the same term of time for which such person may by law be sentenc- ed to imprisonment in a state prison. 606 POLICE OFFICE. Powers of ilie common council in relation to hawkers and ped- lers of food, &.c. 39. § 14. It shall be lawful ^for the mayor, aldermen, and commonalty of the city of New- York, in common council convened, to pass such ordinances, from time to time, as they may deem necessary for preventing or regulating the sale of all articles of food by hawkers, pedlars, petty dealers, or vagraLt persons ; also for regulating the sale by measure or weight, or otherwise, of all kinds of fruit and vegetables within the said city. in relation •'to 40. § 15. It shall be lawful for the mayor,'aldermen, and dealers in old •" i iron, brass, cop- commonalty of the city of New- York, in common council convened, to pass such ordinances from time to time as they may deem necessary for regulating persons dealing in old iron, brass, copper, tin, lead, and keeping what are common- ly called junk shops ; and it shall be lawful for the said com- mon council to require all such persons to obtain licenses from the mayor of said city, on the recommendation of the special justices, for such dealing, business, or calling, and to have such licenses renewed from time to time as they may direct, and to pay for such license on renewal of them, such sum as they may by ordinance direct to be applied towards the support of the poor of the said city. Forfeiture for 41. §16. Wliocver shall ofFcud agaiust the Ordinances that laTt smfons! ^^^'^ may be passed in pursuance of the fourteenth and fifteenth sections of this act, shall for every such olfcnce forfeit a sum not exceeding twenty-five dollars, to the use of the poor of said city, to be recovered with costs by the said mayor, alder- men, and commonalty of said city, in any court having juris- diction of the same. Common council 42. § 17. It shall and maybe lawful for the mayor, alder- Sertoasccr- ^leu, and commonalty of the city of New York, in common Mrtiis and to re- couucil convcncd, to pass such ordinances as they may from guiaie pawnbro- ^-^^g ^^ ^-j^g dccni ucccssary, for the purpose of obtaining accurate returns of the number of births occurring in the said city, and to regulate and control pawnbrokers and dealers in second-hand articles, in the exercise of their trade or business : Provided, They do not require a sum exceeding five hundred dollars for a license ; or require them to give security in a sum not exceeding ten thousand dollars, and impose not greater penalties on them than two hundred and POLICE OFFICE. fifty dollars ; and also, to fix and establish the rate of interest that shall be taken on anv sum. 607 43. § 18. If any child shall be found in a state of want and sufl^ering, or being abandoned, or improperly exposed or neglected by their parents, or such other person as may have them in charge ; or soliciting charity from door to door, or in any street, highway or public place within said city, the mayor and recorder, or any two aldermen, or two special jus- tices of said city, shall on complaint and competent proof thereof, commit such child to the almshouse, or to such other suitable place as the common council may from time to time establish or designate, there to be detained, kept, educated, employed, and instructed in such proper manner, andatsuch suitable labour as such children may be able to perform, and as will have a tendency to fit them to become useful citizens, until discharged therefrom by due course of law, or by the commissioners of the almshouse of said city, or until bound out by said comrpissioners ; and the aforesaid provisions shall extend to the children of all such persons as may be convicted of being common prostitutes, or keepers of bawdy houses, or houses for the resort of common prostitutes. Powers of the common council and justices in relation to al)andoned cliildreu. 44. § 19. The special justices in the city of New York, sprciai justices shall, from time to time select such of the constables or mar- Ses an?mar- shals of the said city as they may deem requisite for police ^^''^'^' officers, whose duty it shall be to attend durin": the pleasure i''o""eriy the r ^ .,. . 1., , , ^ ^ ^ mayor appointed ot the said justices, daily, at the police office, and execute the ^^'""- seeNo.]2. commands and orders of the said justices. 45. § 20. It shall be lawful for the mayor, aldermen, and Powers of the commonalty of the city of New York, in common council frSronr"'" convened, to pass such ordinances as they may deem neces- ^^^f"^ vLtuM-' sary for the regulating and licensing of keepers of ordinaries i>"g houses, &c. or victualling houses, or where fruit, oysters, clams, liquors, or meats shall be sold : and for the more effectual suppression of vice and immorality, and the preserving of peace and good order in said city: and for the licensing and otherwise regulating the use and employment of dirt carts : and to pre- vent or regulate the firing of any fire arms, or the firing or setting off any squibs, gunpowder, rockets, or fireworks, in said city. 608 POLICE OFFICE. finroSiu^aucS*' ^6. § 21. And all persons offending against such ordinances shall be deemed guilty of misdemeanor, and be punished on conviction before any of the magistrates described in the second section of this act by a fine not exceeding ten dollars, or in default of the payment of such fine, by imprisonment : Provided, Such imprisonment does not exceed ten days. of"^o°iice'office ' ^^ ' ^ ^^' '^^^^ mayor, aldermen, and commonalty of the may be appoint city of Ncw- York, may appoint one or more clerks of the police office for the said city, when they deem it expedient. Revised Statutes, Vol, 2, />. 703. CHAP. XL OF PROCEEDINGS IN CRIMINAL CASES. TiTLK 1 — Of i)roceedings to prevent the commission of crimes. Title '2. — Of the arrest and examination ofoft'enders; their commitment for trial ; and letting them to bail. TiTI^E I. OF PROCEEDINGS TO PREVENT THE COMMISSION OF CRIMES, Sect 1. Officers enumerated, who are authorized to keep the peace. 2, 3, 4, 5. Proceedings to compel sureties to keep the peace. 6. How person committed may be discharged. 7. Recognizances how to be disposed of. 8. Cases in which officers and courts may require security for the peace. 9. 10. Proceedings at sessions on the recognizance. 11. When recognizances to be deemed broken. ]'3, 13. Proceedings in action on recognizance. 14. Security not to be required unless authorizod by statute. Officers to keep R j^ The followiuoj uiamstratos shall have power to cause the peace. ^ o o j to be kept, all laws made for the preservation of the public peace ; and in the execution of that power, to require per- sons to give security to keep the peace, in the manner pro- vided in this Title, namely : The chancellor ; justices of the supreme court ; circuit judges ; judges of the superior court of law of the city and county of New- York; the special jus- tices and assistant justices for the said city and county; judges of county courts ; mayors, recorders and aldermen or cities ; supreme court commissioners ; and justices of the peace, appointed for any city or elected in any town. And na other magistrate shall have authority to execute the powers conferred or treated of in this Tittle. POLICE OFFICE. eOD § 2. Whenever complaint shall be made in writina^ and upon }Vhen sureties of ' I en r tlie peace may be oath, to any such magistrate, that any person has threatened ^txiuired to commit any offence against the person or property ci* another, it shall be the dutv of such mac^istrates to examine , such complainant and any witnesses who may b^ produced, on oath; to reduce such examination to writing, and to cause the same to be subscribed by the parties so exam- ined.(l) 6 3. If it shall appear from such examination, that there is vvhcn warrant •' ^ ^ , '' to issue. just reason to fear the commission of any such offence by the person complained of, it shall be the duty of the magis- trate to issue a warrant under his hand, with or without seal, reciting the complaint, and commanding the officers to whom it is directed, forthwith to apprehend the person so complain- ed of, and ])ring him before such n:iagistrate.(l) §4. Upon such person beincj brousjht before the mae'is- Amount and i r i^ o o o terms of rccognl- trate, he may be required to enter into a recognizance, in ^^•<^'-'- such sum,~^not exceeding one thousand dollars, as such ma- gistrate shall direct, with one or more sufficient sureties, to appear at the next court of general sessions to be held in such county, and not to depart the same without leave ; and in the mean while to keep the peace towards the people of this state, and particularly towards the person requiring such security. (1) § 5r, If such reco2:nizance shall be given, tl>e party com- J^schar^ped%'hcn plained of, shall be discharged. If such person shall refuse ^^ ^e commuted, to find such security, it shall h& the duty of the magistrate to commit him to prison, until he shall find the same, specifying in the warrant, the cause of commiimcnt, and tlie sum in which such security was required. (1) § 6. Any person committed for not finding sureties of tlie ^ly^cSifieT" peace, as above provided, may be discliarged by any two justices^ of the peace of the county, upon giving such secu- rity as was originally required of such r^'r^o'. 1 *; K. L. p. 506, section \, 77 610 POLICE OFFICE. Recognizances to be filed, &c. Wlien officer, &c. may require sureties Proceedings on recognizance. Ibid. § 7. Every recognizance taken pursuant to the foregoing provisions, shall be transmitted by the magistrate taking the same, to the next court of general sessions of the county. § 8. Every person who, in the presence of any magistrate above specified, or in the presence of any court of record, shall make any affray, or threaten to kill or beat another, or to commit any ofi'ence against his person or property ; and all persons who, in the presence of such magistrate or court, shall contend '^ith hot and angry words ; may be ordered by such magistrate or court, without any other proof, to give such security as above specified ; and in case of refusal so to do, may be committed in like manner as above provided. § 9. Every person who shall have entered into a recogni- zance to keep the peace, shall appear at the next court of ge- neral sessions held in the county ; and if he fail to appear, the court shall forfeit his recognizance, and order it to be prose- cuted, unless reasonable excuse for his default be given. § 10. If the complaint do not appear, the party recognized shall be discharged, unless good cause be shown to the con- trary. If the respective parties appear, the court shall hear their proofs and allegations, and may either discharge the recognizance taken ; or they may require a new recogni- zance, as the circumstances of the case may require, for such time as shall appear necessary, not exceeding one year. AVhen deemed broken. § 11. No recognizance to keep the peace shall be deemed to be broken, except in the case provided for by the ninth section, unless the principal in such recognizance be convict- ed of some offence, amounting in judgment of law to a breach of such recognizance. Actio* upon. § 12. Whenever the district attorney of the county in which such recognizance was taken, shall produce to the court in which such recognizance shall be filed, evidence of such conviction, it shall be the duty of sach court to order the recognizance to be prosecuted ; and the district attorney shall thereupon commence an action in the name of the peo- ple of this state. POLICE OFFICE. 611 § 13. In such action, the offence stated in the record of Declaring, conviction shall be assigned as a breach of the condition of such recognizance ; and such record shall be conclusive evi- dence of the matters therein stated. § 14. No security to keep the peace, or to be of good be- uS^TbroJated haviour, shall be required, nor shall any person be commit- ted to prison for not giving the same, in any case except such as arc prescribed or authorized by statute. TITL.E II. OF TUB ARREST AND EXAMINATION OF OFFENDERS : THEIR COMMITMENT FOR TRIAL ", AND LETTING THEM TO BAIL. Sect. 1. Officers enumerated who arc empowered to act under this Title. 2, 3. Whtn and how warrants for offences to be issued. 4. Warrants issued by certain officers may be executed in any part of the ataf^. 5. WJiat warrants to be endorsed, by whom, when, &.e. 6. Officers endorsing protected. 7. When prisoner may require to be brought before magistrate of same county. 8. 9. Proceedings of magistrate on prisoner being brought before him. 10, 11. When prisoner to be carried lo county where warrant was issued. 12. Before wliat magistrate prisoner lo be brought, ice. 13, 14, 15, 16. Manner of conducting e.xamiaation 17. Examination of prisoner's witnesses. 18, 19. Regulations respecting the examination of witnesses. 20. When magistrate to discharge prisoner. 21. When prosecutor and witnesses to he bound over to testify. 22. 23, 24. When sureties for witnesses may be required and how compelled. 25. Prisoner to be bailed or commiited. 26, 27. Returning examinations, &c. to court, and how compelled. 28. Another magistrate may be associated. 29. Powers of officers to let to bail in different cases. 30. 31. Pownr of oyer ami terminer, and general sessions to let to bail. 32, 33, Recognizances wjieu to be filed. ^ 1. The followins^ persons rcspcctivelv shall have power what officers to '-' ^ ^ • ^ act under this to issue process for the apprehension of persons charged Title, with any offence, and to execute the powers and duties con- ferred in this Title, namely: the chancellor ; justices of the supreme court ; judges of the superior court of law of the city and county of jVew-York ; ciixnit judges ; judges of county courts ; mayors, recorders and aldermen of cities ; supreme court commissioners ; the special justices and the assistant justices in the city of New- York, and justices of the peace appointed for any city or elected in any town, and no other magistrate shall have authority to execute the powers conferred or treated of in thi^: Title. 012 POLICE OFFICE. Duty of magis- § 2. Whenever complaint skall be made to any such ma- trate on com- , • • i rr- i • i • i n plaint. gistrate, that a crimmal oncnce has been committed, it shall be the duty of such magistrate to examine on oath the com- plainant, and any witnesses who may be produced by him. \^rmius"'to^r § 3- If it shall appear from such examination, that any • *"^' criminal offence has been committed, the magistrate shall issue a proper warrant, under his hand, with or without seal, reciting the accusation, and commanding the officer to whom it shall be directed, forthwith to take the person accused of having committed such offence, and to bring him before such magistrate to be dealt with according to law. riTn ""thmughout § 4. Warrants issued by either of the officers enumerated the state. -^^ ^^^ ^^,^^ scction of this Title, may be executed in any part of this state, except such as are issued by any assistant justice in New- York, or by any aldermen or justice of the peace ; warrants issued by any such assistant justice, alder- man or justice shall not be executed out of the county within which they are officers, unless endorsed in the manner pre- scribed in the section next following. What warrants § 5. Jf the Dcrson ac^ainst w hom any warrant granted by to be endorsed, ^ 1 & J & J *^c. any such alderman or justice, shall be issued, shall escape, or be in any other county, out of the jurisdiction of such alderman or justice, it shall be the duty of any justice of the peace or other magistrate named in the first section of this Title, within tiie county where such offender shall be, or shall be suspected to be, upon proof of the hand writing of the magistrate issuing the warrant, to endorse his name on the same ; and thereupon the person bringing the warrant, or any other officer to whom it may have been directed, may arrest the offender in the county where the warrant was endorsed. (2) Officpr.s endnrs ing protected. § 6. No magistrate shall be liable to any indictment, ac- tion of trespass or other action, for having endorsed any warrant pursuant to the provisions of the last section, although it should afterv/ards appear that such warrant was illegally or improperly issued. (2) (2) 1 R. L. p. 149, section 2. POLICE OFFICE. 613 § 7. If the offence charged in the warrant be not punish- tolc bJoJghtX'^ able with death or by imprisonment in a state prison, and if ^^'^ '"as's"ate. the person, arrested require to be brought before the justice of the county, in which he shall have been arrested, it shall be the duty of the officer or person arresting him, to carry such prisoner before a magistrate of such county. § 8. If the offence charged in the warrant be not punish- ^mag^isS.''^ able with death or by imprisonment in a state prision, such magistrate may take from the person so arrested, a recogni- zance, with sufficient sureties, for his appearance at the next court having cognizance of the offence, to be held in the county where the offence shall be alleged to have been committed. §9. Such magistrate shall certify on the warrant, the ^"'• fact of his having let the defendant to bail, and to deliver the same, together with the recognizance taken by him, to the officer or other person having charge of the prisoner, w^ho shall deliver the same vv'ithout unnecessary delay, to the clerk of the court in which such prisoner shall have been recog- nized t^ appear. § 10. If such magistrate refuse to let to bail the person so arrested, or if such person neglect to give bail, as above provided, the officer or person having him in charge, shall take him before a magistrate of the county in which the war- rant was originally issued, as herein after provided. § 11. If the offence charged in the warrant be punishable ib. lb. if no bail be given. wlion war- with death or with imprisonment in a state prison, the officer ^^"^ ^"'' ''^'•""y- making the arrest, shall convey the prisoner to the county where the warrant was originally issued, before some magis- trate thereof, as in the li' xt section prescribed. § 12. Persons arrested under any v/arrant issued for any Return of war offence, shall, where no provision is- otherwise made, be brought before the magistrate who issued the warrant ; or if he be absent, or his ollice be vacant, before the nearest ma- gistrate in the same county ; and the warrant by^ virtue of which the arrest shall have been made, with a proper return rant, &c. r3l4 POLICE OFFICE. endorsed thereon, and signed by the officer or person making the arrest, shall be delivered to such magistrate. Complainant, § 13. The mamstratc before whom anv such person shall &c. to be exa- jo ^ L mined. ^q brouglit, shall procccd as soon as may be, to examine the complainant and the witnesses produced in support of the prosecution, on oath, in the presence of the prisoner, in re- gard to the offence charged, and in regard to any other mat- ters connected with such charge, which such magistrate may deem pertinent. (3) / '''Smned.'^ § 14. The magistrate shall then proceed to examine the prisoner in relation to the offence charged. Such examina- tion shall not be on oath ; and before it is commenced, the prisoner shall be informed of the charge made against him, and shall be allowed a reasonable time to send for and advise with council. If desired by the person arrested, his counsel may be present during the examination of the complainant and the witnesses on the part of the prosecution, and during the examination of the prisoner. (3) Caution to pri- ^15. At the Commencement of the examination, the pri- soner, •* A soner shall be informed by the magistrate that he is at IFberty to refuse to answer any question that may be put to him. (3) "eVrS^ic" § 16. The answers of the prisoner to the severalinterrog- atories shall be reduced to writinar bv the ma2:istrate, or un- der his direction ; they shall be read to the prisoner, who may correct or add to them; and when made conformable to what he declares is the truth, shall be certified and signed by the magistrate. (3) Prisoner's wit- nesses. § 17. After the examination of the prisoner is completed, his witnesses, if he have any, shall be sworn and examined, and he may have the assistance of counsel in such examina- tion. Witnesses how ^ iQ. The wituesscs produccd ou the part either of the to be examined ^ 1 ^ prisoner, or of the prosecution, shall not be present at the examination of the prisoner; and while any witness is under (3) 2 R. L p. 507, sPCtioH 2. POLICE OFFICE. G15 examination, the magistrate may exclude from the place in which such examination is had, all witnesses who have not been examined ; and may cause the witnesses to be kept separate, and prevented' from conversing with each other, until they shall all have been examined. § 19. The evidence given by the several witnesses exam- TivruTen" &^c.^* ined, shall be reduced to writing by the magistrate, or under his direction, and shall be signed by the witnesses respec- tively. § 20. If 'Upon the examination of the whole matter, it shall ^J^di^rgeT appear to the miicristrate either that no offence has been com- mitted by any person, or that there is no probable cause for charging the prisoner therewith, he shall discharge such prisoner. Recognizing wit- nesses to testify. Sureties for wit- nesses. § 21. If it shall appear that an offence has been committed, and that there is probable cause to believe the prisoner to be guilty thereof, the magistrate shall bind by recognizance the prosecutor, and all the material witnesses against such pri- soner, to appear and testify at the next court having cogni- zance of the offence, and in which the prisoner may be in- dicted. (4) § 22. Whenever such magistrate shall be satisfied by due proof, that there is good reason to believe that any such wit- ness will not fulfil the conditions of such recognizance, un- less security be required, he may order such witness to en- ter into a recognizance with such sureties as he shall deem meet, for his appearance at such court. § 23. Infants and married women, being material witnesses, ibid, may in like manner be required to procure sureties for their appearance at such court. § 24. If any witness so required to enter into a recogni- iiow compelled, zance, either without or with sureties, shall refuse to comply with such order, it shall be the duty of such magistrate to commit him to prison, until he shall comply with such order, or be otherwise discharged according to law. (4) -2 R. L. p. 507, sectioii 2. 616 POLICE OFFICE. ^^''"'soi'ie^'' ^"" § 2^- I^ the ofFence with w^iich the prisoner be charged, be bailable by a justice of the peace, or cin alderman of a city, and the prisoner offer sufficient bail, such bail may be taken, and the prisoner discharged; if no bail be offered, or the offender be not bailable by a justice or alderman, the prisoner shall be committed to prison, except in cases in which a court of special sessions shall be authorized to try such prisoner, as provided by this Title. Returning exa- § 26. All examinations and recognizances, taken pursuant minatious, &c. . nr\- -i i n i • /- i i i to the provisions of this Title, shall be certified by the ma- gistrate taking the same, to the court at which the witnesses are bound to appear, on the first day of the sitting thereof. How compelled. § 27. If any magistrate shall refuse or neglect to return to the proper court, any such examination or recognizance b}^ him taken, he may be compelled by rule of cotirt, forth- with to return the same, and in case of disobedience of such rule, may be proceeded agahist by attachment as for a com- tempt of court, in the manner provided in the eighth Chapter of the Third Part of the Revised Statutes. . Associating an- ^ 28. It shall bc lawful for any magistrate, to whom any other magistrate. ' i i r i complaint may be made, or before whom any prisoner may be brought, as herein before provided, to associate with him- self any other magistrate of the same county ; and the powers and duties herein mentioned, may be executed by such two magistrates so associated. i?edto7et*tobaijl § 29. Officers before whom persons charged witlv crime, shall be brought, shall have power to let to bail, as follows : 1. The chancellor, a justice of the supreme court, a circuit judge, or a supreme court commissioner, in all cases : 2. A judge of the county courts, in all cases triable in a court of general sessions : 3. A justice of the pea'ce or alderman of a city, and in the city of New- York, a special jus-lice or an assistant jus- tice, in all cases of misdemeanor, and in all cases of felony where the imprisonment in' the state prison cannot exceed five years. POLICE OFFICE. 617 § 30. The court of oyer and terminer held in any county, ^d^terminS' shall have power to let to bail any person committed, before indictment found upon any criminal charge whatever. § 31. The court of fi^eneral sessions of anv countv, shall ib.ofgenerai •" o . .' ' sessions. have power to let to bail persons committed to the prison of such county, before indictment found, for any ofFence triable in such court. § 32. Whenever any prisoner shall be let to bail by any ^"'"i,iJ^,"^"^' officer out of court, such officer shall immediately cause the recognizance taken by him to be filed with the clerk of the county, in which the party bailed, was imprisoned. 5 33. Whenever any person shall be let to bail by any Jii'd. court, other than that in which the offence is triable, it shall be the duty of the clerk of the court by which the prisoner was bailed, immediately to transmit the recognizance taken by such court, to the clerk of the county in which the party bailed was imprisoned.* * By the charter of the city (pagfcs 16, 13, 7D,) the aldermen are invested with the powers of justices of the peace, bolh civil and criminal. They exercised t-heso powers under llie colonial govcrcmient, and after the revolution under the slate go* vernment. Part of the duties of these ofFicers being legislative; and the rapid growth of (he city in 0])ulence' and number of inhabitnnt*, aiid consequently in the multiplication and extension of crime; increasing their duties to such a degree as to become inconvenient, it was judged advisal)le to exempt them from the exercise of the ordinary peace powers of the justices, and to create a ncro tribunal for the ex- ercise of those powers, and the performance of tho'«e dulie?. A police office was created and two special justices appointed March 2, 17D8. Laws of 1793, chap. 25, p. 282. By this act, the chancellor, judges of the Supreme Court, ihe mayor, re- corder and aldermen of the city are made conservators of the peace, and may act therein. The powers and duties of the justices and clerk are given, and the mode of proceeding is pointed out. This act is incorporated in the revision K.& R. vol. 2, p. 120, with some additional provisions. There can be but little doubt of the propriety or expediency of thif or a similar tribu- nal; atjeast public opmion seems to be in its favour, it having remained from its creation to the present time undisturbed by a single act of legislation affecting \is general powers; but its jurisdiction has been, successively, by various acts, extended to em- brace a greater variety of sul jects, and by the act of January 23, 1823, powers are conferred upon it, not possessed, we believe, by any ?imdar tribunal in our country. Since the establishirient of the police office, the criminal jurisdiction of oflences in the first instance has been exercised by the justices, in a single offite in Ihe City Hall, till within a recent period. It was found inconvenient, particularly to the upper wards of the city, and a branch was authorized to be Iocat(;d notlh of Grand sireet, a!id 19 now in operation. It may be doubtful, however, wlidher the present organi- sation will be sufficient lor the growing war ts of the city. In ruost of the cities of 78 618 POLICE OFFICE. Europe the regulations of police require ^local establishments in various parts. In London there are at least twelve police offices established in differtMit sections of the city, as the necessities ofj_the inhabitants require. The principal office is in Bow street, which is under the immediate direction and controul of the Secretary of the Home # Department. There are offices established at Queen's square, Westminster, Malbo- rough street, Hatton garden, Worship street, Lambeth street, White chapel, High street Shadwel', Union street, in the borough. An office at Wapping, for the port of London, and also a floating pohce on board a ship moored in the I'hames. The ad- vantage to the inhabitants of these local criminal tribunals canr)ot be doubted. Connected with the police of our city is (he Almshouse, Bridewell, and Peniten- tiary. They deserve the serious and continued attention of those interested in the welfare of the city. It appears by the Comptroller's report, that the public expenditure for the Alms- house, Bridewell, and Penitentiary Establishment, for the year, amounts to ^139,484 45, A sum much too large for the population of the city, and a strong ar- gument against the morals of a large portion of its inhabitants. These subjects of police regulation undoubtedly require the supervision of the authorities. The Comp- troller remarks, that : ** The rapid increase, and present magnitude of the expenditures for the Alms- house, Bridewell, and Penitentiary Establishment, seems to render it a subject woflhy of the minutest investigation in all its detail?, to ascertain whether it be not practica- ble to make some improvement in tire arrangement thereof, by which the expenses may be reduced; or at least kept within their present extensive amount. As intro- ductory thereto, it IS respectfully suggested for the consideration of the Common Councfl, whether it would not be conducive to the end proposed, that the Establish- ments (for thei-e are three in fact,) should be separated, each governed by its respec- tive head, and a purveyor appointed for the whole j the commissioners retaining a general supervisory authority only. " When the extent of supplies required for so large a concern is fully considered it can hardly be doubted, but that most of the time of a faithful and competent man could be employed beneficially to the public, in obtaining the same, either by con- tract or purchase, as the common council may deem it proper to require; however problematical the above proposition may be, as to the pecuniary result, there are some advantages which the comptroller t'eels persuaded would almost necessarily fol- low, — for example ; ♦' The head of each establishment would thereby be enabled to give his whole time and attention to his especial charge; he would be enabled better to enforce his authority, in requiring adherence to such rules as might be established for the whole- some regulation of his department ; and consequently could be mor"e reasonably held responsible for the proper management of the establishment committed to his care ; and the change proposed would also lead to a separation of the accounts in the books of the comptroller's office, so that the inquiries of members of the common council, and the public, as to the cost of supporting (heir pauper and criminal establishments, respectively, could at all times be answered without a reference to the books kept at Bellevue, or waiting for the quarterly accopnts of the superintendent. •« And again, the very fact of these establishments being connected together as they are, under one general superintendent, seems, in imagmation at least, to associate poverty with crime, and give apparent sanction to an inference of so close an approxi- mation as to render their connection natural ; a sentiment as varient from the truth, as it is offensive to every virtuous mind ; it is therefore conf^.dently believed, that a division of those establishments, somewhat in accordance with the suggestion made, would not only be promotive of good to them, but would also better accord with the moral feelings of this community and the general tender regard they manifest for the really unfortunate of their fellow beings." It is no doubt important to separate paupers from the criminals. Not only for the benefit of its effects upon ihe}7i, but upon (he public generally. It enters intothe jus- tice of every law whatever, that the several grades and degrees of delinquency shall POLICE OFFICE. 619 be distinctly marked, and the true character of the act appreciated, and punished and levvarded according to its merit or demerit. It is therefore repulsive to the feeiiags of our citizens, that pauperism should be connected with a penitentiary. With respect to the numbers of paupers in the ci(y of New York it is difficult to form an estimate. The returns of the department are hereto annexed. By the re- turns it will be perceived thai pauperism is increasing, notwithstanding the efforts that have been made, and are still making to lessen the evil. Begging. — It seems to be admitted by all, that street begging adds to the evil o pauperism more than any other cause whatever. It is practised in the southern states of Europe and partially in France, but is nearly banished from England and Scotland, which countries have made provision by statute for the poor, and have pro- hibited begging by penalties. By the 1st section of the actof Jn. 23, 1833, ante p. 602, ample power is given to arrest this growing evil in our city. Every peace-officer, when required by any person, is obliged to arrest and carry to the police, persons who go about from door to door, or place themselves in the streets, highways, passagesi or other public places, to beg or receive alms. It is a wholesome law which we hope to see strictly executed. Edi'cation. — It seems to be admitted by all the writers and legislators upon the subject of pauperism, that its best antidote is a proper attention to the education and instruction of the lower cFasses. 7'h6 great mass of the inmates of our almshouse are as remarkable for their ignorance as their vices. We cannot but heartil}' respond to the sentiments of those men, who have pressed upon public attention and sympathy, the absolute necessity of the attention of common schools, and means of instruction, that they may be brought within the reach of the poorest family among us. Employment. — Another cause of the prevalence of mendicity, is the want of em- ployment. There is a period of the year in a commercial city when it cannot be had, to the extent required, and when more or less suflering must inevitably be felt among the extreme poor. Relief to these must therefore be given, but in what way, or to what extent, has puzzled those who have thought themselves the most fa- miliar with the subject. Doubtless that charity which affords employment is the best. Alms in money, or even the necessaries of life ought not to be given, in preference to the former. All obstacles to a full and complete employment, ought if possible, fo be removed, and habits of industry and economy should be inculcated and encou- raged. 620 POLICE-OFFICE. «0 5^ .cocM■^|^Jooai>-H'^.-<0"^'^oo ■< - ° 1 N- CN O l-~ o 1—1 N. 00 C CO GN CO O t^O Sgca^ CO ■^ 00 G^ o o o o Tt o '^ GN CTi G^ 1— O P S J2 _" . -j C-J r- '^ C^ l^ CO O C^ C^i GN CO ^T J^ GO t^ ^ si? b O o Ch O CO JN- 00 00 1> l^ l^ oo c^ 1— i 1— 1 GN ©< clE ^ 5 >— 1 ■— H 1—1 1—1 — -H ~ >> 1 ~Z7 ~co" "o "o" "o" c:, "co" "o" "o" "o" "o^ CO "co" "o" "o" o lli^. l- CO >o o o O CO O b- O Oi o o o ^ o oc o .n o t- Tf 00 C^ CTi 1—1 Tf ^ O o lO CO l^ CO c^ rr o cr> CO oo o CO _( .o-^ o ^ CO ■>< G^ »o T ^ o TT CO CO CO « J- ^- CO r-~ C7 ~;i7 o "g^ lO uO oo CO ~;i7 c^ ""bo CD N- ^ ■7=- (6 O 00 o '^ o -* ^ 'sT GNJ ^ '^ o o rH .^ CO CO Tf< CO "^ ^ OO o* CO o^^c CD CO 1— ( J> CO o o r- < o CO '^ GN) G^ o O o 'O lO .rs O 00 -■^ ~ 5 C^ o ^ T— 1 ^ c^ t^ a-. r- CO O) oo "^ CD CD CD- ■■"' c 3 <>J o oo CT) c>^ c^ o CNi O) o . to ^^ CD G^? 1— ( S.-- '»2 -i- o K. -^ G^ CTj rr c^ GO l^ CO o o o O O O ^ t" c3 1— 1 CN t>. o »o GO GO •^ GN{ rH CnJ CO rj' CO 00 b- a) o o 1—1 >.Q. 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S c ^ o r—i o O c:?> >o K. Ci O >— 4 00 GJ ^ o J^=_^§l ~ —1 )^ 00 t^ b- CM ^ CO 00 CO 'TT CO (N G^ 1— — Gn) 1—1 CO CO ^ CO rt o i-' o; o ^ o~ ~^ b- o "uo" "lO" o~^" GN o "^ o C^'C o 33 .2^» Tf ^ CO •^ CO r— 1 (N CO o 1—1 — N GN CO 'O l^ CD i-^ r-H ^-« . — i-H 1— 1 1—1 1— 1 r-H r-^ r— 1 rH r-H rH rH r— 1 ^H , > c - s CO "o" i~— 'qo "o" "ZT "gsi" 7^ Oi c ^ ";zr CO GnI "iir cT GN J GS Cn! Cn! GN GN c^ CO CO CO ^11 OD CO CO oo CO rH oo CO oo 00 CO rH oo CO CO rH CO CO oo OO l-< POLICE OFFICE. 621 STATEMENT, No. 2. Shoioing the number of Foreign Poor received into the Alms House since the year 1826; the number that have died, been dis- charged and remaining in the house at the end of each year ; and showing also the amount received annually from Bonded Passengers, and as Commutation from Masters and Owners of Vessels since the year 181 6. Whole No. of Re- No. of fbreiTi No. for main- for- Total receiv- Date. ers ad- mitted eigneis died in in?? at tile end eigners dis- Date. Amount re- ceived I'rom Amount re- ceived as ed from bond - ed and com- in Aim A. II. of each charg- passengers. commutation muted. House. year. 6l2 ed. 1826 1159 154 393 181.6 166 85 1827 1258 183 855 832 1817 718 81 18281429 243 975 1067 1818 1491 60 255 00 1746 60 1829jl3O0 196 844 1235 1819 1183 07 3632 00 4815 07 1830 1262 162 968 976 1820 288 2] 9631 00 9919 21 1831 1393 158 1049 1154 1821 1097 94 1260 00 2357 94 1822 375 90 1785 00 2160 90 1823 622 43 790 00 1412 43 1824 1454 16 685 00 2139 G6 1825 815 50 1995 06 1816 50 1826 1526 55 320 00 1846 55 c- 1827 1828 1829 1830 1831 3124 37 4245 70 2374 31 3685 45 3117 50 1589 00 10460 00 12333 00 14906 00 20030 00 4603 37 14705 70 14707 31 18586 45 23147 50 Showing the whole commencing the December, 1731 STATEMENT, No. 3. number of Commitments to the Penitentiary ISth day of 31 ay, 1816, and ending the 31st Date. Males. Females- Total. For- eign M..les. Foreign Females Total of For eign'ra 1816 200 137 337 1817 391 286 678 1818 255 351 606 1819 437 .260 697 1820 379 28? 606 1821 332 255 587 1822 351 246 597 1823 397 281 678 1824 383 262 645 1825 315 338 653 1826 408 360 768 1827- 426 256 682 149 57 186 1828 d74 341 915 186 34 220 1829 563 438 1011 163 62 225 1830 714 768 1482 165 121 286 1831 719 629 1348 217 123 340 622 POOR. STATEMENT, No. 4. Showing the number of Patients and Lunatics admitted into the Hospittfl at Bellevue since its establishment, up to December 31,' 1831. Shoiving also the iiumber who have died^ been discharged and remaining in the Hospital. Date. No. of sick lecd. Died. Dis- charg- ed. Re- main- ing. No. lu- natics roc'd. Died. 1 cliarg- ed. 12 Re- main- • ing. 1826 309 38 134 137 102 89 1827 1183 251 773 159 179 3Q 59 84 1828 1285 315 786 184 159 30 47 82 1829 99S 244 568 181 143 19 31 93 1830 1087 252 779 239 143 25 111 100 1S31 1093 282 830 220 174 32 160 82 POOR. Revised Statutes, Vol. 1, ^9. 616. TITI.E I. OF THE RELIEF AND SUPPORT OF INDIGENT PERSONS. Sect. 1. 2. 3. 4. 5. C. 7. Certain relatives of a pauper being able, bound to support him. Upon their failure, overseers to apply to general sessions ; previous notice, &c. Court to determine which relatives shall support pauper, and the sum to be paid. And how to contribute in proportion to ability. Order may be for certain time, or indefTnite, and may be varied. Costs ; payment of and obedience to order, how enforced. Relatives disobeying order, liable to action by overseer.?: Cases in which property of father, &c. absconding may be seized. Effect of warrant of seizure ; overseers to return inventory, &c. Powers of general sessions thereupon. • In what cases warrant may be discharged by two justices. ^ Powers and duties of overseers respecting property seized. Authority of county superintendents in counties where poor are county charge. Who shall be relieved as poor persons. County superintendents of the poor to be appointed ; oath, compensation, &c. To be a corporation ; their powers and duties enumerated. County poor houses may be erected ; expense limited ; how collected. Superintendents of county poor-houses to be county superintendents of the poor. In certain counties excise money to be paid to county treasurers. Also monies collected from relatives of paupers ; penalties. &ic. When all paupers made a county charge, notice to be given, &c. Application of excise money and penalties Tn other counties. In Warren, Washington, Saratoga, and Genesee, poor to be a county charge. In all other counties supervisors may declare poor a county charge. Copy of resolution to be served on clerks of cities, towns, and villages. In such case excise money and penalties to be paid to county treasurer. Payment enforced by suit by county treasurer. In other counties than those before specified, poor to be supported. Settlements how gained. Minors how to gain settlement. Certain residences not to give settlement. Paupers not to be removed ; how supported. 33. Proreedings to determine in what town pauper is .settled ; costs I hereof. POOR TO BE SUPrORTED BY llELiiTIVES. t523 34. Town chargeable with pauper to support him ; liovv compelled. 35. County pauper.', proceecliiij.'s to ascertain who are such. 36, 37. Proceedings where there are no county poor-houses. 38. Decisions of superintendents how to be entered and filed ; their effect. 39. Provisions for relief to paupers in counties where there are poor-houses. 40. Expense of removal and temporary support, how allowed and paid. 41. Paupers sent to county poor-liousc, how supported; when discharged. 42. Proceedings when pauper cannot be removed to county poor-house. 43. 44, Relief Irow afforded to paupers in counties not having poor-houses. 4.5. If pauper has no legal settlement in the county, notice to be given, &c. 46. County poor how supported in counties not having poor-houses. 47. County treasurer to keep accounts with towns liable to support their poor. 48. Superintendents to state charges against such towns for the support of their poor. 49. Accounts to be laid before supervisors ; balances against towns how collected. 50. Sums necessary to support county poor, how raised and kept. 51. Accounts to be kept by overseers of the poor in counties not having poor-houses. o2. When to be submitted to town auditors ; how audited and settled. 53. Penalty for neglect to present books and render accounts; 54. Overseers' accounts and estimates to be exhibited at town meeting. 55. Money for support of town poor, how ascertained, raised, and to whom to be paid. 56. Accounts in certain cities to whom exhibited ; monies how raised. 57. Accounts of overseers and justices, for services, how audited and paid. 58. Penalty for removing, &c. paupers, with intent to charge any city, town or county. 5'J. Pauper removed, how supported ; notice of removal, &c. to be given. « 60. Officers receiving notice, to take pauper, or deny their liability. 61. Consequence of neglect. 62. Upon denial being made, suit to be brought; conseque»cc of neglect. 63. Penalty on superintendents for neglect to render accounts or pay over monies. 65. Penalties when collected, how to be applied ; to whom to be paid. 66. Duty of overseers to prosecute for penalties directed to be collected by them. 67. 68, 69. Allowance for costs and daily pay for attending to suits. 70. Paupers now maintained by a county or several towns, to continue. 71. Town poor liouses erected by one or more towns, may be continued. 72. Poor-houses, &c. exempt from taxes ; keepers exempt from nailitia service, &,c. 73. Provision for support of idiots and lunatics out of county poor-house. 74. Application of poor monies of any town that are invested. 75. County superintendents to report annually to secretary of state. 76. Supervisors of towns supporting their own poor, to report to clerk of supervisors. 77. Clerk of supervisors to del ivcr abstracts of reports to superintendents. 78. Penalty for neglect to report, and for false report ; how collected. 79. Secretary of state to lay alislract of reports before the legislature. ' § 1. The father, mother, and children, who arc of suffi- pauper.s to be cient ability, of any poor person who is bhnd, old, lame, im- fatE'''^ ^^ '^' potent or decrepit, so as to be unable by work to main- tain hiniself, shall, at their own charge, relieve and main- tain such poor person, in such manner as shall be approved by the overseers of the poor of the town where such poor person may be. (1) § 2. Upon any failure of any such relative so to relieve and ^^^ compelled. maintain any such poor person, it shall be the duty of the overseers of the poor of the town where such poor person may be, to apply to the court of general sessions of the peace of the county where such relative may dwell, for an ;l) 1 R. L. 388, <^2l ; Laws of 1821, p. 114, ^ I. 624 POOR SUITS BY OVERSEERS, . living separate from her husband,- shall abscond from their children, or a husband from his wife, leaving any of them chargeable or likely to become chargeable upon the public for their support, the overseers of t!ie poor of the town where such wife or children may be, may apply to any two justices of the peace of any county in v/hich any estate, real or personal, of the said father, mother, or husband, may be situated, for a v/arrant to seize the same. Upon due proof of the facts aforesaid, the said justices shall issue their war- ranty authorizing the said overseers to take and seize the goods, chattels, erfects, things in action, and the lands and tenements of the person so absconding. (3) § 9. By virtue of such warrant, the said overseers may Ejiect of warrant seize and take the said property, wherever the same may be found, in thc^ same county ; and shall be vested with all the ..', I K. I^ 'iyi?, <") -M : T.aws of 1??I. p. 11 1, v ♦ (3) ^ ^- I- ^^.S. ^ ^.i 71} OSd POOR— o VERSEERS MAY SELL PROPERTY. right znd title to the said property, which the person so ab- sconding had, at the time of his or her departure. All sales and transfers of any personal property left in the county from which such person absconded, made by him, after the issuing of such warrant, whether in payment of an antece- dent debt, or for a new consideration, shall be absolutely ''"^r"' ^^^^' The overseers shall immediately make an inventor}' of the property so seized by them, and return the same, to- gether with their proceedings, to the next court of general sessions of the peace of the county where such overseers reside, there to be filed. (4) g To make rules, 4tc To employ keepers, &:c- To purchase ma- terials, &«. Allowance for bringing paupers Payment of such allowance. To decide dis- putes respecting £i«ttlemant. their county, or at one of tfie places of holding courts, if there be more than one, and at such other times and places as they shall think expedient : they shall have a general su- perintendence and care of the county poor who may be in their respective counties ; and shall have power, and it shall be their duty, 1. To provide suitable places for the keeping of such poor, when so directed by the supervisors of any county, where houses for that purpose have not been erected by the county ; and for that purpose, to rent a tenement or tene- ments, and land not exceeding fifty acres, and to cause the poor of the county to be maintained in such places : 2. To establish and ordain prudential rules, regulations and by-laws, for the government and good order of such places so provided, and of the county poor-houses, and for the employment, relief, management and government of the persons therein placed ; but such rules and regulations shall not be valid, until sanctioned by a majority of the judges of the county courts of such county, in w^^iting : 3. To employ suitable persons to be keepers of such houses or places, and all necessary ofhcers and servants, and to vest such powers in them for the government of such houses as shall be necessary, reserving to the paupers who may be placed under the care of such keepers, the right of appeal to the superintendents : 4. In the counties where a poor-house is erected, or other place provided for the poor, to purchase the furniture, imple- ments, and materials that shall be necessary from time to time for the maintenance of the poor therein, and their em- ployment in labor or manufactures, and to sell and dispose of the proceeds of such labor as they shall deem expedient : 5. To prescribe the rate of allowance to be made to any persons for bringing paupers to the county poor-house or place provided for the poor, subject to such alterations as the board of supervisors may, by a^ general resolution, make : 6. To authorize the keepers of such houses or places so provided, to certify the arnount due to any person for bring-/ ing such paupers ; which amount shall be paid by the county treasurer, on the production of such certificate, countersigned and allowed by any tw^o superintendents : 7. To decide any dispute that shall arise concerning the POOR COUNTY SUPERINTENDENTS, AC, 639 settlement of any poor person, summarily, upon a hearing of the parties ; and for that purpose, to issue subpoenas to compel the attendance of witnesses, and to administer oaths to them in the same manner, with the like power to enforce such process as is given to justices of the peace in any mat- ter cognizable by them : their decisions shall be filed in the office of the county clerk within thirty days after they are made, and shall be conclusive and final upon all parties in- terested : 8. To direct the commencement of suits by any overseers c^nmincV suli. of the poor w4io shall be entitled to prosecute for any penal- ties, or upon any recognizances, bonds, or securities talien for the indemnity of any town or of the county ; and in case of the neglect of any such overseer, to commence and con- duct such suits, without the authority of such overseers, in their names : 9. To draw from time to time on the county treasurer for To«irawone«uH- J ty treasurer. all necessary expenses incurred in the dischargfe of their du- ties, which drafts shall be paid by him out of the monies placed in his hands for the support of the poor : 10. To render to the board of supervisors of their county, at their annual meeting, an account of all monies received and expended by them, or under their direction, and of all their proceedings : 11. To pay over all monies remaining in their hands, with- in fifteen days after the expiratioy of their office, to the coun- ty treasurer, or to their successors. (6) To account. To pay over monies. § 17. The board of supervisors of any county in this state, ^"toi^eJ"**"^ in which a county poor-house is not already erected, may, at any annual or special meeting thereof, determine to erect such house for the reception of the poor of their county ; and upon filing such determination with the clerk of the county, they may direct the superintendents of the poor of such coun- ty to purchase one or more tracts of land not exceeding two hundred acres, and to erect thereon one or more suitable buildings for the purpose aforesaid. To defray the expen- ses of such purchase and buildings, the said board may raise by tax on the real and personal estate of the inhabitants of (the same county, a sum not exceeding seven thousand dol- Expense limitad. lars, by such instalments and at such times as they may judge (8) Laws of 1804, p. 382. 630 POOR MONEY PAID TO COUNTY TREASURER. expedient. The said tax shall be raised, assessed and col- lected in the same manner as the other county charges, Und \ shall be paid by the county treasurer to the superintendents of the poor of the county, to be applied in defraying the ex- penses aforesaid. (7) o?^coiX"*^poor § IQ- The superintendents of county poor-houses, that houses. have been erected, or shall be erected pursuant to any law, shall be superintendents of the poor of their counties respec- tively, and shall possess all the powers and be subject to all the regulations herein before specified in relation to such su- perintendents. Excise money, § 19. All monics which shall be received bv the commis- when to be paid . „ . . . ^ *^ • u- i to county treasu- sioucrs 01 cxcisc m any town or city, 01 any county m which rer the supervisors shall have determined to abolish the distinc- tion between town poor and county poor, shall be by them paid -over to the county treasurer, within thirty days after the receipt thereof; and they shall at the same time deliver a certified copy of the resolutions of the board of excise, by which the sum to be paid for licenses by -grocers, tavern- pcnaity. keepers or Others, shall be fixed. Any, commissioner of ex- cise neglecting the said duty, or any part thereof, shall for- feit fifty dollars, to be recovered by and in the name of the superintendents of the poor of the county ; and shall also be liable to an action by and in the name of the county treasu-, rer, for all monies received by them, with the interest there- on from the time the same should have been paid over. Also all other § 20. All mouics which shall be collected by overseers of £y"ove1seera. the poor of any town in a county where the poor are all a county charge, from the relatives of any poor person bound to contribute to his support ; or from the sale of any personal property, or the rents and profits of the real property of any person who shall abscond, leaving a wife or children ; or re- ceived for any fines, penalties or forfeitures, which by law are directed to be applied to the support of the poor ; or col- lected on any bond or other security that shall be given for the benefit or indemnity of any town, or of the overseers or inhabitants of such town ; and all other monies which shall be received by such overseers in their oflicial capacity, shall (7) La\vsoni?24, p. 382: l.aws of 1825, p. 3 POOR WHEN TO BECOME A COUNTY CHARGE. 631 be by them paid over v/ithin thirty days after the receipt of Penalty. the same, to the county treasurer, for the benefit of the poor ; and if not so paid, the same may be recovered in an action to be brought by and in the name of the county treasurer, with interest, at the rate of ten dollars on the hundred, for a year, from the time the same should have been paid. § 21. In those counties where the supervisors shall deter- iSuon Ylu^ mine to abolish the distinction between town poor and county p^*^''^"'^^''^*=- poor, and to have all the poor a county charge, it shall be the duty of the clerk of the board of supervisors, immediately tp serve notice of such determination on the overseers of the poor of every town in the county. Within three months af- ter the service of such notice, the overseers of the poor of every town, shall pay over all monies which shall remain in their hands, after discharging all demands against them as such overseers, to the county treasurer, to be applied by him towards the future taxes of such town. In case of neglect to pay over such monies, the county treasurer may maintain an action therefor, in which he shall recover interest on the monies withheld, from the time they should have been paid over. § 22. In those counties in which the distinction between ^^c'TnTiS' county poor and town poor prevails, the excise money col- counties, lected in any town, and all the penalties given by law to the overseers of the poor, when received, shall be applied to the use of the poor of the town in which such money and penal- ties shall be collected. (8) § 23. In the counties of Warren, Washington, Saratoga, fy ""^hai^/e^inTr' and Genesee, poor persons entitled to support as aforesaid, ^^^^ counties, shall be maintained at the expense of the said counties re- spectively ; and all costs and charges attending the exami- nations, conveyance, support, and necessary expenses of paupers- within the said counties respectively, shall be a charge upon the said counties, without reference to the num- ber or expense of paupers which may be sent to the poor- house'of said counties, from or by any of the towns therein. The said charges and expenses shall be reported by the su- perintendents of the poor of the said counties, to the boards (H) Laws of] 828, page 170, sections. ^32 POOR WHEN TO BEC03IE A COUNTY CHARGE. of supervisors therein respectively, and shall be assessed, levied and collected of and upon the taxable real and person- al estate in the said counties, in the same manner as other county charges. (9) 8oinoth°r^co°i!l^° 5 24. Tlic board of supervisors of any county in this state, at any annual meeting; or at any special meeting called for that purpose, may determine to abohsh all distinction be- tween county poor and town poor in their counties respec- tively, and to have the expense of maintaining all the poor a county charge; and upon their filing such determination, duly certified by the clerk of the board, with the county clerk, the said poor shall be maintained, and the expense- thereof defrayed in the manner prescribed in the preceding section relative to the counties of Warren, Washington, Sa- ratoga and Genesee. (9) *^**g"ei° ^^ § 25. When the supervisors of any county shall have de- termined to abolish the distinction between county poor and town poor, the clerk of the board shall serve a copy of the resolution making such determination, upon the clerk of each town, village or city, within such county. (10) feSe^aTfo § 2C. After such resolution shall be served, it shall be the county treaBurcr. j^^.^ ^^ ^|^g commissioners' of cxcisc in the several tow^ns of such county, and of the officers of every city and village therein, to pay over to the treasurer of the cour^ty all mo- nies which shall thereafter be received for licenses to tavern- keepers, retailers or grocers, and all monies which shall be recovered as penalties for violating the excise laws, or any other laws, and which are directed to be paid to the overseers of the poor. (11) payment how ^ 27. If any person having in his hands any monies direct- ed to be paid to the county treasurer by the preceding sec- tion, shall neglect or refuse to pay the same within thirty days' after demand thereof, the county treasurer may maintain an action in his name of office for the recovery thereof, together with interest from the time of such demand.(ll) (9) Laws of 1K7, page 195 ; 1826, page 13-4. {10) Lnwf: of 1P28, p. 170, $ 3, 4, 5. (11) Laws of 1H2?, page 170, svrt. 3, 4, 5. POOR SETTLEMENTS HOW GAINED.- 633 /§28. In all the other counties of this state, except the ,J^^[i°//;;;^ counties of Warren, Washino^ton, Saratoga, Genesee, and •uppo'^^^'i- those counties of which thaJ|bard of supervisors shall file the determination aforesaid, tnefl^r having a settlement in any town in such county, shall be supported at the expense of such town, and the poor not having such settlement shall be supported by the county in v.hich they may be. § 29. Every person of full age, who shall be a resident and ^^"^g^^„" ^ ^^"^ inhabitant of any town for one year, and the members of his family who shall not have gained a separate settlement, shall be deemed settled in such town. A minor may be emanci- pated from his or her father, and may gain a settlement, 1. If a female, by being married and living for one year Minors. with her husband, in which case the husband's settlement shall determine that of the wife : 2. If a male, by being married and residing for one year separately from the family of his father : 3. By being bound as an apprentj^e, and serving one year by virtue of such indentures : 4. By being hired and actually serving for one year for Manicd woincn w^ages to be paid to such minor. A woman of full age, by niarrying, shall acquire the settlement of her husband, if he have any. And until a poor person shall have gained a set- tlement in his own right, his settlement shall be deemed that of his father or mother ; but no child born in any place used and occupied as a residence for the poor of any town, city or county, shall gain any settlement merely by reason of the place of such birth ; nor shall any child born while the mother is -a county pauper, gain any settlement ^^' ------ of the place of its birth. ^^ 30. But no residence of anv person as a pauper, in the Ouaiifi'-ationof ^ ' * ^ II'- last soctioiJ. county poor-house, or place provided for the- support of the poor, or in any town while supported at the expense of any other town or county, shall operate to give such pauper a • settlement in the tovrn where such actual residence niny be harl. § 31. No person shall be removed as a pauper fr^m anv Psuprrp nm to City or town to any other city or town of the same or any supported, other county, nor from any county to any other county ; but 80 ' ' ^^^ POOR REMOVAL AND SETTLE3IENT OF. every poor person shall be supported in the town or county where he may be, as follows : 1. If he hatJi gained a settlJj^nt in any town in such coun- ty," he shall be maintainecyp^Wch tow^n: 2. If he hath not gaiSd a settlement in the county in which he shall become poor, sick or infirm, he shall be sup- ported and relieved by the superintendents of the pooi', at the expense of the county : 3. If such person be in a county v/here the distinction be- tween town and county poor is' abolished, he shall in like manner be supported a't the expense of the county, and in both the cases aforesaid, proceedings for his relief shall be had as herein after directed : 4. If such paiiper be in a county where the respective towns are liable to support their poor, and hath gained a settlement in some other town of the same county than that in which he may then be, he shall be supported at the expense of the town where he may be, and the overseers shall give notice in writing to the overseers of the town to which such pauper shall belong, or to one of them, requiring them to provide for the relifef and support of such pauper. Proceedings to § 32. If within ten days after the service of such notice, def^rmine settle ^i , i i t i i n incnt of pauper, the oversccrs to whom the same was directed shall not pro- ceed to contest the allegation of the settlement of such pau- per, by giving the notice herein after directed, they, their successors, and the town which they represent, shall be for- ever precluded from contesting or denying such settlement. They may, within the time aforesaid, give notice in writing to the overseers of the town where such pauper may be, that they will appear before the county superintendents, at a place and on a day therein to be specified, which day shall be at least ten days, and not more than thirty days from the . time of the service of such notice, to contest the said alleged settlement. Ibid. § 33. The county saperintendents shall convene whenever required by any overseers pursuant to such notice, and shall proceed to hear and determine the controversy, and may award costs not exceeding ten dollars, to the prevailing party, which may be recovered in any action before a court of com- petent jurisdiction. The decision of the superintendents shall be final and conclusive. POOR COUNTY PAUPERS. 835 6 34. The overseers of the poor of the town in which it Towns how com- •> r pellcd to support may be alleged any pauper has gained a settlement, may at paupers. any time after receiving such notice requiring them to pro- vide for such pauper, take and receive such pauper to their town and there support him. If they omit to do so, or shall fail to obtain the decision of the county superintendents, so as to exonerate them from the maintenance of such pauper, the charge of giving such notice, and the expenses of maintain- ing such pauper, after being allowed by the county superin- tendents, shall be laid before the board of supervisors at their annual meetings, from year to year, as long as such expenses shall be incurred ; and the supervisors. shall annually add the amount of the said charges to the tax to be laid upon the town to which the pauper belongs, together with such sum in addition thereto, as will pay the town incurring such expenses, the lawful interest thereon, from the time of expenditure to the time of repayment, which sum shall be assessed, levied and collected, in the same manner as the other contingent charges of such town. The said monies, when collected, shall be paid to the county treasurer, and be by him credited to the account of the town which incurred the said expenses. § 35. The support of any pauper shall not be charged to Proceedings to , . , , " . f. ,, • . 1 . T<- f^cteriiiiiu! who the county, without the sanction oi the supermtendei^'ts. if are county pau- a; pauper be sent to the county poor-house, or place provid- eu. ' ed for the poor as a county pauper, the superintendents in those counties where the respective towns are required to support their own poor, shall immediately inquire into the fact, and if they are of opinion that such pauper has a legal settlement in any town in the said county, they shall, within thirty days' after such pauper shall have been received, give notice to the overseers of the poor of the town to which such pauper belongs, that the expenses of his support will be charged to such town, unless the said overseers, within such time as the said superintendents shall appoint, not less than twenty days thereafter, show that such town ought not to be so charged. And On the application of the said over- seers, the superintendents shall re-examine the matter, and take testimony in relation thereto, and shall finally decide the question; which decision shall be conclusive. 636 POOR RELIEF TO AND REMOVAL OF PAUPERS. Tb. in eountiei where there ar« no § 36. In those counties where no county poor-house' or poor-houses, other pkcc is provided, no person shall be supported as a county pauper, without the direction of at least one super- tendent. In such cases the overseers of the poor of the tow^n where such person may be, shall immediately give notice to one of the superintendents, who shall inquire into the cir- cumstances ; and if he is satisfied that such pauper hath not gained a legal settlement in any town of the said county, he shall give a certificate to that effect, and that such pauper is chargeable to the county. He shall report every such case to the board of supenntcndents, at their next meeting, who may affirm such certificate, or may annul the same, on giving due notice to the overseers of the poor of the town interested, and after hearing the allegations and proofs in the premises. lb. in counties where there are § 37. If the superintendent to whom the overseers may no poor-house?, fi^yc given sucli uoticc, shall neglect or refuse to give the ■ certificate aforesaid, the overseers may apply to the board of county superintendents, 'who shall summarily hear and de- termine the matter, and whose decision shall be conclusive. Decisions of su § 38. Thc dccisions of the board of county superintend- rhciSlrt?Sc. cuts, in relation to the settlement of any paupers, or to their being a charge upon, the county, shall be entered in books to be provided 'for that purpose, and certified by the sig;na- tures of such of the said superintendents as make such de- cisions ; and a duplicate thereof, certified in the same man- ner, shair be filed in the county clerks' ofiice within thirty days after the making of any such decision. Such original duplicate, or a copy thereof duly certified, shall be conclu- sive evidence of the facts therein contained. Relief to pnupcis in counties hnv i./gpoor houses. § 39. When any person shall apply for relief to any over- seer of the poor, in any county where a poor-house is estab- lished, or other place provided for the reception of the poor, such overseers shall inquire into the state and circumstances of the applicant. IC it shall appear^ that the applicant is in such indigent circumstances as to require permanent relief and support, and can be safely removed, the overseers §hall, by a written order, cause the poor person to be removed to the county poor-house, or to the place provided as aforesaid, POOR RELIEF TO AND REMOVAL OF PAUFERS. 637 to be relieved and provided for as the necessities of sjach applicant may require. If the said county be one of those wiiere the respective towns are required to support their own poor, the overseers shall designate in such order of removal whether the pauper be chargeable to the county or not; and if no such designation be made, such pauper shall be deemed to belong to the town or whose overseers made such order. rc- teni- § 40. The expense of such removal shall be paid^on the mo^;Tarrd''t, certificate of the keeper of the poor-house, or other place, ^'"'"'''^''"pi'*''*- countersigned as aforesaid, at the rate that shall have been prescribed by the superintendents ; and the overseers shall be allowed such sym as may have been necessarily paid out or contracted to be paid, for the reliefer support of such pauper previous to the said removal, as the superintendents shall ^ judge was reasonably expended while it was improper to remove such pauper, which sum shall be paid by the county treasurer on the order of the superintendents, and shall be charged to the county, if such pauper be a county charge, or to the town sending him, if he be not a county charge. §41. The person so removed shall be received by the "n^v snpport/'ci ^ . "^ aiKl wlieii to he superintendents, or their agents, and be supported and re- ^^^<=^'^'8^"^- licved in the county poor-house, or such other place as shall have been provided, under the direction of the said superin- tendents, until it shall appear to them that such person is able to vv^ork and maintain himself, when the superintend- ents may in their discretion discharge him. §42. If it shall appear that the person so apply ing, ' re- J^^/'l^^^^^.^^^^^^^^^^^ quires only temporary relief, or is sick, lame, or otherwise [j'^'^g^^y^^ ^° p^*'*' ' disabled so that he or she cannot be conveniently removed to the county poor-house, or to such place as shall have been provided by the county superintendents, the overseers shall apply to a justice of the peace of the same town, who shall examine into the facts and circuaistances, and shall in writing order such sum to be expended for the temporary relief of such poor person, as- the circumstances of the case shall re- quire ; which order shall entitle the overseer to receive any sum he may have paid out or contracted to pay, within the .'mount therein specified from the county treasurer, to be by 638 POOR RELIEF WHERE NO COUNTY POOR-HOUSES. him charged to the county, if such person be a county charge ; if not to be chargd to the town w^here such relief was afforded ; but no greater sum than ten dollars shall be expended or paid for the relief of any one poor person, or one family, without the sanction in writing of one of the superintendents of the poor of the county, which shall be presented to the county treasurer, with the order of the justice. Relief to paupers ^ 43 jf application for relief be made in any of those jn counties not •> ri J houiee ^°^^' countics w^icrc no county poor-house, or other place shall have been provided, as aforesaid, for the reception of the poor, the overseers of the poor shall, with the assistance of some justice of the peace of the same town, inquire into the facts and circumstances of the case, and shall make an order in writing for such allowance, weekly or otherwise, * as the said justice, and one of the said overseers, shall think required by the necessities of such a poor person. Ibid. ^ 44. If such pauper have a legal settlement in the town w^here sucb application is made, or in any other town in the same county, the overseers shall apply the monies so allow- ed to the relief and support of such pauper ; the monies paid by them, or contracted to be paid, pursuant to such order, shall be drawn by them from the 'county treasurer on producing the said order, out of the funds in his hands belonging to such town. Notice to i)c giy- ^ 45. If such pauDor has no leffal settlement in the same en in certain '' 110 cases. county, the overseers shall immediately give the notice herein before directed, to one of the county superintendents ; and until the county superintendents shall take the charge of the support of such pauper, the overseers shall provide for his re- lief and support, as aforesaid, and the expense thereof from the time of giving such notice to a county superintendent, shall be paid to the said overseers by the county treasurer, on the production of such order and of proof by affidavit, of the time of the giving such notice, and shall be by him charged to the county. in "coumierhav- § 46. Whcnevcr the county superintendents take charge of hlfu^sf°°'^' the support of any county pauper, in those counties where no poor-house is provided, they may authorize the overseers of POOR ACCOUNTS OF, &c. G39 the poor of the town in which such pauper may be, to continue to support him, on such terms and under such regulations as they shall prescribe ; and thereafter no monies shall be paid to the said overseers for the support of such pauper, without the order of the superintendents ; or the said superintendents may remove such pauper to any other town, and there pro- vide for his support, in such manner as they shall deem expe- dient. §. 47. In those counties where the respective towns are re- towns'^bound'to quired to support their own poor, the county treasurers thereof ^3 by Jounty shall respectively open and keep an account with each town, ^'^^^s"'^'^''- in which the town shall be credited with all monies received from the same, or from its officers, and shall be charged with the monies paid for the support of the poor chargeable to such town. ■ And if there be a county poor-house, or other place provided in such county for the reception of the poor, the superintendents of the poor of the county shall, in each year, before the annual^ meeting of the board of supervisors of such county, furnish to the county treasurer a statement of the sums charged by them, as herein after directed, to the several towns for the support of their poor, which shall be charged to such towns respectively, by the county treasurer, in his accounts. 6 48. In those counties in w^hich a poor-house shall be es- ^^.- t^yupcfta- ^ '■ tendents. tablished, or a place provided, by the superintendents, for the reception of the poor, and in which the several towns shall be liable for the support of their poor respectively, it shall be the duty of the superintendents, annually, and during the week preceding the annual meeting of the board of supervi- sors, to make out a statement of all the expenses incurred by them the preceding year, and of the monies received, and exhibiting the 'deficiency, if any, in the funds provided for the defraying such expenses ; and they shall apportion the said deficiency among the said several towns, in proportion to the number and expenses ot the paupers belonging to the said towns, respectively, who shall have been provided for by the said supermtendents, and shall charge the said towns with the said proportions ; which statement shall be by them delivered to the county treasurer, as before directed. 640 POOR ACCOUNTS OF. ESTIMATED AND SETTLED. for^^supMvfsora' ^ ^^- ^^ ^^ annual meeting of the board of supervisors, the county treasurer shall lay ^efore them the account so collected. kept by him ; and if it shall appear that there is a balance against any town, the said board shall add the same to the amount of taxes to be levied and collected upon such town, with the other contingent expenses thereof, together with such a sum for interest, at the rate of seven dollars on the hundred, as will reimburse and satisfy any adviyices that may be made, or that may have been made, from the county treasur}^, for such town ; which monies, wiien collected, shall be paid to the county treasurer. Expense of suiv porting county poor. § 50. The superintendents of the poor in each county shall annually present to the board of supervisors, at their annual meeting, an estimate of the sum which, in their opinion, will be necessary, during the ensuing year, for the support of the county poor ; and the said supervisors shall cause such sum as they may deem necessary for that purpose, to be assessed, levied and collected, in the same manner as the other con- tingent expenses of the county, to be paid to the county trea- surer, and to be by him kept as a separate fund, distinct from the other funds of the countv. AccounU of ovei seers of poor in certain camntics. § 51. In those counties where there are no county poor- houses established, the overseers of the poor of the respec- tive towns shall enter, in books to be provided at the ex- pense of their towns, an account of all matters transacted' by them, relating to their official duties ; of all monies received by them, specifying from whom, and on what account ; of all monies laid out and disbursed by them,. to whom, and by what authority, and specifying, in each case, whether to coun- ty poor or to town poor ; the names of all persons applying for relief, and ordered to be relieved as aforesaid ; the da}' and year when they were admitted to have relief v the week- ly or other sums of money allowed for that purpose, and the cause of giving such relief.(12) How audited and settled, § 52. On the Tuesday next preceding the annual town- meeting of every town, the overseers of the poor shall lay the said original books before the board of to\vn auditors, together with a just and true account of all monies by them (12; 1 R. L. 390, ^ 28. POOR HOW ESTmATED AND SETTLED. 641 received and expended for the use of the poor, and in what manner, together with an account of the earnings of the poor persons by them employed ; which account shall be verified by the oaths of the overseers, and shall be filed with the town clerk. The board of town auditors shall compare the said [Sec. cb. xi. • 11 • • 1 IT r -1 1 11 ^"tf'j P> 355, Arti» account with the entries m the poor books aioresaid ; shall cie5.] examine the vouchers in support thereof, and shall audit and settle the same, and state the balance due from such over- • seers, or to them, as the case may be. No credit shall be allowed to any overseer for monies paid, unless it shall appear that such payment was made pursuant to a legal order. (13) § 53. Every person who, having been an overseer of the Penalty, poor, shall refuse or neglect to present such original books, or to exhibit such accounts, to the board of town auditors, as required in the last section, shall forfeit the sum of two hun- dred and fifty dollars, to be recovered by and in the name of the overseers of the poor of such town. (14) § 54. In those counties where the respective towns are •111111 Accounts and made liable for the support of their poor, it shall be the duty estimates to be ^ ^ *■ . "^ read at town- of the town clerk to exhibit at the annual town-meetings, the meeting, accounts for the support of the poor therein, the preceding year, as the same shall have been allowed and passed by the ^ board of town auditors, which accounts shall be openly and distinctly read by the clerk of the meeting ; and the over- seers of the poor shall also present an estimate of the sum which they shall deem necessary to supply any deficiency of the preceding year, and to provide for the support of the poor for the ensuing year. (15) § bb. The inhabitants of such town shall thereupon, by a vote of a majority of the persons qualified to choose town supp^t?^ "town officers, determine upon the sum of money which shall be fra7ed.^"'^ **** assessed upon the said tow^i the ensuing year, for the pur- pose aforesaid. The sum so voted, when raised and collect- ed, in those counties where a county poor-house, or other place shall have been provided for the reception of the poor, shall be] paid to the county treasurer, and by him placed (13) 1 R. L. 200, VN 28 & 30. (14) lb. <» 30. (15) 1 R. L. ^T, ^ -23; Laws of 1817, p 176, 81 642 POOR COMPENSATIOx\ TO OVEHSEERS, &C. to the credit of the town; in all other counties, the sum so voted by any town, shall be paid to the overseers of the poor thereof.(16) cities. ib.^ in certain § 50. The oversccrs 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 requir- ed. The common councils of such of the said cities as shall be liable for the support of their own poor, shall yearly, de- termine the sum of money to be raised in such' cities respec- tively, for the support of the poor for the ensuing year ; a certified copy of which shall be laid before the board of su- pervisors of the county, who shall cause the same to be as- sessed, levied, collected and paid to the county treasurer. (17) Compensation to R 57^ 'J'^q accouuts of ovcrsecrs of the poor, and of ius- overseers and "• • r ' j justices. tices of the peace, for any personal or official services ren- dered by them, in relation to the poor, shall be audited and settled by the board of supervisors, and the sums thus audit- ed iilnd allowed, shall be paid by the county treasurer ; and if such services were rendered in behalf of any town li'able to support its own poor, the same shall be charged to such town. No allowance for time or services shall be made to any officer for attending any board with any accounts, for the purpose of having the same audited or paid. . Penalty for rn- R 53. j^Y^y persou who shall scnd, carrv, transport, remove moving, &c,pau- i J i ' . 7 1 7 pers. or bring, or who shall cause to be sent, carried, transported, brought, or removed, any poor or indigent person, from any city, town or county, to any other city, town or county, w:ithout legal authority, and there leave such poor person, with intent to make any such city, town, or county to which the removal shall be made, chargeable with the support of such pauper, or who shall entice any such poor person so to remove, with such intent, shall forfeit fifty dollars, to be recovered by and in the name of the overseers of the poor of the town to which such pauper shall be brought or removed, or in the name of the superintendents of the poor of the county into which the said poor person shall be removed ; and shall, moreover be (16) 1 R. L. 287, sec. 23 ; Laws of 1817, p. 176. ( 17) lb. sec. 24 & 28. POOR PROCEEDINCS TO COMPEL StPPORT OF. 643 deemed guilty of a misdemeanor, and on conviction, shall be imprisoned not exceeding six months, or fined not exceed- ing one hundred dollars, or both, in the discretion of the • court. (18) § 59. The pauper so removed, brouirht. or enticed, shall be Proceedings to , , 1 . ^ -, ^ , compel support manitamed by tlie count}^ supermtcndents oi the county of a pauper re- 1 1 1 rr«i ■ • • • 1 r- 1 moved. where ho may be. 1 hey may giVe notice either oi the over- seers of the poor of the town from which he was brought or en- ticed, if sach town be liable for his support ; and if there be no town in the county from which he was brought or enticed, lia- ble for his support, then to either of the county superinten- dents of the poor of such county, informing them of such im- proper removal, and requiring them forthwith to take charge of such paupca*. § GO. The county superintendents, or the overseers to ^^'^^ whom such notice may be directed, shall within thirty days after the service thereof, take and • remove the pauper so brougl# or enticed, to their county or town, and there sup- port him, and pay the expense of such notice, and of the support of such pauper ; or tlicy shall, within the said time, inability how by a written instrument under their hands, notify the county superintendents from whom such notice was received, or cither of them, that they deny the allegation of such impro- per enticing or removal, or that their town is liable for the support of such pauper. § Gl. If there shall be a neglect to take and remove such Nepiect to con- pauper, and also to notify such denial, within the time above *^^*' prescribed, the said county superintendents and overseers respectively, whose duty it was so to do, their successors, and their respective counties or towns, shall be deemed to have acquiesced in the allegations contained in such first notice, and shall be for ever; precluded from contesting the .same ; and their counties and towns respectively, shall be liable for the expenses of the support of such pauper, which may be sued for and recovered, from time to time, by the county superintendents incurring the said expenses, in actions against the superintendents of the poor of the county, or (]R) I.aws of 1S17, p. w ; 1821 p. 385, scr. 9 ; 182.5, p. 283; 1827, p. 2j5. 644 POOR PROCEEDINGS TO COMPEI/ SUPPORT OF. the overseers. of the poor of the town, as the case may be, SO liable for such expenses. sjijt when tob« § 62. Upon the service of any such notice of denial the county superintendents upon whom the same may be served, shall, w^ithin three months, commence a suit against the over- seers of the poor of the town, or the county superintendents of the poor of the county, to whom the first notice was di- rected, or against their successors in office, for the expenses incurred in the support of such pauper, and shall prosecute the same to effect ; if they neglect to do so, they, their suc- cessors, and their county, shall be for ever precluded from all claim against the county or town to whose officers such first notice was directed, or any of their officers, for any expenses that may have been, or may be, incurred for the support of such pauper. Penalty on super- § 63. Everv couutv Superintendent who shall nefflect to intendents for \ '' - r , , , ^ • neglect to render render any account, or statement, to the board oi supervisors, accounts, &;c. , '' . . ^. , . , as herem required, or to pay over any monies, wil^n the time prescribed by law, shall forfeit two hunflrcd and fifty dollars, to be sued for and recovered by and in the name of the county treasurer. The superintendents shall also be lia- .ble to an action, either jointly, or severally, by the county treasurer, for all monies which shall be in their lands after the time the same should have been paid over according to law, with interest thereon, at the rate of ten dollars upon the hundred for a year, from the time when the same should have been paid over. Payment over of § 65. All penalties imposcd by this Title, shall be for the thSr application, benefit of the poor ; when recovered, they shall be paid to the county treasurer, and by him credited to the town by whose officers they have been collected, if such town be liable for the support of its own poor, or to the county, when collected by the county superintendents ; if not paid by the persons collecting the same, when demanded by the county treasurer, he may maintain an action therefor, in his name of office. Overseers to sue § 6G. Whenever it shall be made to appear to the satisfac- rpen ties. ^.^^^ ^^ ^^^ overseor of the poor, either upon complaint, or POOR ALLOWANCE TO OVERSEERS OP. 645 Otherwise, that a penalty has been incurred by the violation of any provisions contained in the statutes of this state, which such overseer is directed by law to collect, it shall be his duty immediately to commence a' suit for such penalty, and to prosecute the same diligently to effect. (20) § G7. In auditing the accounts of the overseers of the poor, for^rnSSl by the board of town auditors, allowance .shall be made to them, for all costs to which they may have been subjected, or w^iich shall have been recovered against them, in any suit brought by them pursuant to law ; and they shall also be allowed the same daily pay, for attending to any such suit, as is allowed them for the performance of their ofiicial duti4.(20) § 68. Such allowances may be credited to them, in their ibirf- accounts for monies collected for penalties, and may be de- ducted from such monies ; and the balance of such penalties shall be paid to their successors in office, or to the county treasurer, as directed by law, in respect to such penalties. (20) § 69. If there be not sufficient monies in their hands to i^id. satisfy such allowances, the same shall be paid as other town charges. (20) § 70. Where, by the existing laws, any poor persons are certain paupora. maintained by any county, or" by two or more tow^ns, they shall continue to be so maintained. (21) § 71. Where, by virtue of any special act of the Icgisla- Townpoor- ture, any one or more towns have erected a town poor-house, the same shall be continued, and the poor of such towns re- spectively, may be supported therein by the overseers of the poor of the town. (22) ^ 72. Every poor-house, alms-house, or other place pro- Poor-houaos., &c. ^ •' ^ ^ , -^ exempt trom vidcd by any city, town or county, for the reception and taxes, support of the poor, all real and personal property what- ever, belonging to or connected with the same, shall be ex- empt from all assessment and taxation, levied either by the state, or by any county, city, town or village ; and the keeper (20) Laws of 1820, p. 30, sec. 1 & 4. (21) 1 R, L. p. 292, sec. 32. (22) Laws of 1820, p. 102 ; 1821, p. 243 ; 1^22, p. 138 ; 1823, p. 286. I 64G POOR REPORTS OP, &C. of every poor-house, /alms -house, or other, place provided a,s Keepers exempt aforesaid, shall be exempt from all service in the militia, /rom juries, &c. _ . , . from serving on juries, and from all assessments for labor on the highways. (23) Idiots and luna- tics. § 73. In those counties where county poor-houses may be established, the superintendents may provide for the. sup- port of paupers ti^it may be idiots, or lunatics, out of such poor-house, in such manner as shall best promote the inter- ests of the county, and conduce to the comfort and recovery of such paupers. Invested poor niunies. § 74. Whenever any town shall have any monies raised for the support of the poor, invested in the name of the over- seers of the poor of such town, the said overseers shall con- tinue to have the control thereof, and shall apply the inter- est arising • therefrom, to. the support of the poor of- their town, so long as such town shall be liable to support its own poor; and if the town shall be relieved fr^rn the liability to support its own' poor, by a vote of the supervisors of the county, the monies so raised and invested shall be applied to the payment of such taxes upon the town, as the inhabit- ants thereof shall, at an annual town meetiuG:, determine. Reports by coun- R 75^ jj; g|ia[i \^q the dutv of the Superintendents of the ty suporintenrt- ■' •^ >■ <=nts to secretary p^^j. Qf every c.ouuty in this state, during the month of De- cember, in each year, to report to the secretary of state, in such form as he shall direct, the number of paupers that have been relieved or supported in such county the preced- ing year, distingmshing the number of county paupers froni the number of town paupers, if any ; the whole expense of such support, specifying the amount paid for transportation of paupers, and any other items which do not compose any part of the actual expense of maintaining the paupers, and the allowance made to superintendents, overseers, justices, keepers and officers ; the actual' value of the labor of the paupers maintained, and the estimated amount saved in the expense of their support, in consequence of their labor. Reports by super. § 76. It snall be the duty of the supervisors of every town visors of towns ^ • 1 n 1 1 supporting their m thosc counttcs whore all the poor are not county charge, to. report to the clerk of the board of supervisors, within fifteen (23) Laws of 1826, p. 7. POOR— REPORTS OF, &C. ^^^ days after the accounts of the overseers of the poor have been settled by the board of town auditors, in each year, an abstract of all such accounts for the preceding year, which shall exhibit the number of paupers that have been relieved or supported in such town, the preceding year,' specifying the number of county paupers, and of tow^n paupers, the whole expense of such support, and specifying the allow-, ance made to overseers, justices, constables, or other officers, and any other items which shall not comprise any part of the actual expense of maintaining the paupers. § 77. The said abstracts shall be delivered by the clerk of ^pe^viscl'rs.'^^ ° the board of supervisors, to the county superintendents, to be included by them in their report aforesaid. § 78. Any superintendent, supervisor, or clerk, wdio shall penalty for wr- , „, , xixx • lect, aiidtortalso neglecli or rciuse to make such reports, abstracts, or copies support, aforesaid, or who shall wilfully make any false report, ab- stract, or copy, shall forfeit one hundred dollars, to be re- covered by the district attorney of the county, in the name of the people of this state, and to bo paid into the county trea- sury, for the benefit of the poor thereof. The secretary o^ state shall give notice to the district, attorney of the county, of every such neglect or misconduct; and it shall be the duty of the district atto^'ney, on receiving such notice, or in any way receiving satisfactory information of such neglect or misconduct, to prosecute for the recovery of such penalties. § 79. The secretary of state shall annually lay before the Rf^portshysecre- 1 • 1 ^ •/ lary ol.state. legislature, during the first month of its session, an abstractof the said returns and reports. 648 POOR. Sect. 1. Poor monies how to be appropriated. 2. School fund. 3. .Money and securities lobe delivered to school commissioners, 4. Suit by whom brought. ' . 5. Permanent school fund. 6. Loans on bond and mortgage. 7. Foreclosure of mortgage. 8. Interest how a'pplied. 9. Commissioners to account annually. 10. Disqualification to hold office of superintendent of the poor. 11. Penalty for bringing paupers in the state. 12. Penalties how applied. 13. Repeal of ^ G4 of laws for the relief and support of indigent persons. 14. Pauper children to be taught. 15. Expense by whom to be borne. AN ACT relatwe to Monies iu the hands of the Overseers of the Poor. Passed April 27, 1829. Chap. 287, p. 420. Money how to^bc § 1. It sliall be lawfuI for the inhabitants of any town in such counties as have ujjolished the distinction between county and town paupers, and in such counties as may here- after abolish such distinction, at any annual or spcciaf town meeting to appropriate all or any part of the monies and funds remaining in the hands of the overseers of the poor of such town after such abolition, to sucK objects, and for such purposes, as shall be determined on at such meeting. School fund. § 2. If any such meeting shall appropriate such money or funds for the benefit of common schools in their town, the money so appropriated shall be denominated " the common school fund of such towil," and shall be under the care and superintendence of the commissioners of common schools of said town. Money and seen- §3. If any such meeting shall appropriate such money ered to^scholf/'^' or fuuds for thc benefit of common schools, after such appro- p0ation shall have been made, and after the commissioners of common schools shall have taken the oath of office, the overseers of the poor of such towns shall then pay over and deliver to the said commissioners, such monies, bonds, mort- gages, notes and other securities, remaining in their hands as such overseers of the poor, as will comport with the appro- priation made for the benefit of common schools of their town. commissioners. Suits. § 4. The said commissioners of common schools may sue for and collect in their name of ofhce, the money due or POOR. to become due on such bonds, mortgages, notes or other se- curities, and also all other the provisions of this act. securities by them taken under 649 § 5. The monies, bonds, mortgages, notes and other se- curities aforesaid, shall continue and be a permanent fund, to be denominated the common school fund of the town appro- priating the same, the annual interest of which shall be ap- plied to the support of common schools in such towns, unless the inhabitants of such town, in annual town-meeting, shall make a difierent disposition of the whole of the principal and interest, or any part thereof, for the benefit of the common schools of such town. Permanent scliool fundi § G. The said commissioners of common schools when- ever the whole or any part of the principal of said fund shall come to their hands, shall loan the same on bond, secured by a mortgage on real estate of double the value of the monies so loaned, exclusive of buildings or artificial erections thereon. Loans on l)ond and mortgage. § 7. The said commissioners of common schools may foreclosure of '' mortgage. purchase in the estate on which the fund shall have been se- cured,^ upon the foreclosure of any mortgage, and may hold and convey the same for the use of said fund. § 8. The said commissioners of common schools shall ^"^be'appS. ^° retain the interest of said common school fund, which shall be distributed and applied to the support of common schools of such town, in like manner as the public money for the sup- port of common schools shall be distributed by law. § 9. The said com.missioncrs of common schools shall Commissioners account annually, in such manner and at such time as town- J;;,^"^""^ ^"""■ officers are required by law to account, and shall deliver to their successors in office all monies, books, securities and papers whatsoever, relating to said fund, and shall take a receipt therefor, and file the same with the town clerk. 82 650 POOR. AN ACT relative to the Office of Superintendent of the Poor. Passed May 2, 1829. Chap. 352, p 538. 10. § 1. No supervisor of any town, or county treasurer, shall be appointed to hold the office of superintendent of the poor in any county in this state. CHAP. CCLXXVII. AN ACT to amend the Act for the Relief and Support of Indigent Persons. Part First, Chapter Twenty, Title First. Passed April 25, 1831. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Penalty: 11. § 1. Any person -who shall bring or remove, or cause to be brought or removed, any poor or indigent person, from any place without this state, into any county or town within it, and there leave or attempt to leave such person, with in- tent to make such county or town chargeable with the sup- port of such pauper, he shall forfeit and pay fifty dollars, to be recovered before any justice of the peace of t^e county into which such pauper shall be brought, to be sued f(^ and recovered by and in the name of the superintendents of the county poor of said county, or by the overseers of the poor of the town into which such pauper shall be brought ; and, moreover, shall be obliged to convey such pauper out of the state, or support him at his own expense ; and it shall be lawful for the justice before whom any person shall be con- victed for a violation of this act, to require of such person satisfactory security that he will, within a reasonable time, to be named by the justice, transport such pauper out of the state, or indemnify the town or county for all charges and expenses which may be incurred in the support of such pau- per ; and if such person shall refuse to give such security when so required, it shall be the duty of the justice to com- mit him to the common jail of the county, for a term not ex- ceeding three months. How applied. 12. § 2. All penalties recovered under this act, shall be ap- plied as directed in the sixty-fifth section of the law hereby amended. POUNDS. fl51 13. § 3. The sixty- fourth section of title first, chapter Repeal, twenty, first part of the Revised Statutes is hereby repealed. to be ht. 14. ^4. The superintendents of the county poor-houses ^'"tau" which now are or hereafter may be established by law, are hereby required to cause all county and town paupers, over the age of five and under the age pf sixteen years, who now arc or hereafter may be in said poor-houses, to be taught and educated, in the same manner as children are now taught in the common schools of this state, at least one-fourth part of the tim^ the said paupers shall remain in said poor-houses. 15. § 5. The expense of teaching and educating the said Expense, paupers, shall be paid by the counties and towns, in the same manner as other contingent charges are paid for the support of said paupers. 16. § 6. It shall not be lawful for the trustees of any nomo be return ^ ^ *' pci 111 school re- school district to include, in their annual returns, the names i^'"'" of any children who are supported at a county poor-house. [Thirty-Sixth Session.— Vol 2, p. 125.] Sect. I. Pounds to be kept in each city and town, and pound masters appointed. ■ 2. Pound masters' fees, and ^p\v collected. CHAP. XXXV.— («. /..) AN ACT relative to Duties and Privileges of Towns. Passed March 19, 1813. 1. § XXI. And be it further enacted, That there shall be Pounds to he kept •- in 6cicn ciiy ^nu made and kept one or more sufficient pounds in each city ^"^"• and town of this state, and that it shall and may be lawful com. council of for the common councils of the several cities of New- York, nvTnd Hudson ?o Albany and Hudson, from time to time to appoint keepers of SL"! ''*'"" the pounds of their respective cities, who shall hold their of- fices during the pleasure of the said common councils respec- tively, and that the said respective keepers of the said pounds and the respective pound-masters in each town may take, Q52 POUNDS. for all beasts that shall be put into the pound of which he is keeper or master, the following fees, to wit : for taking in pound^masters* g^^^j discharging evcry horse, gelding, mare or colt, and all neat cattle twelve and a half cepts each, and for every sheep or lamb three cents, and for every hog, shoat or pig six cents which fees shall be paid to the said keeper or pound-master wSinol"c'^paid. by the owner of the beasts impounded or some person for him, before the said beasts shall be released from such pound, unless the keeper or master of such pound shall otherwise agree concerning the same, and if the owner of any Beasts impounded for doing damage shall not pay the damage and the fees of the keeper or master of the pound, with reasona- ble charges for keeping and feeding them, not exceeding three cents for each beast for every twelity-four hours, such beast shall be impounded and fed, within six days after such beast shall be impounded, or replevy the same beasts, then it shall If not paid, how ^q jawful for sucli keeper or master of such pound to sell and wheu to be ... ^^^' such beast at public vendue, givnig at least forty-eight hours previous notice of such sale, by advertisement to be set up at the said pound, and at the nearest public place to the said pound, and out of the monies arising from such sale to pay the said damages and retain in his hands his fees and charges of feeding and keeping the same beast and of such sale, and Surplus to be rctum tlic ovcrplus to the owner of the same beast, and if no ^rrVoownrrl'i)- such owucr shall appear and claim such overplus within six 5ft" 'saklThen Calendar months after such sale, the same shall be paid to the the^use%t^%he ovcrsccrs of the poor of the city or town where such beast poor of the town. ^^^^ impounded for the use of the*poor of such city or town. PROFANE CURSING AND SWEARING. 653 Revised Statutes, Vol \,j). 673. PROFAZiE CURSIXG A:^I> SWEARING. ARTICLE SIXTH. OF PROFANE CUHSIXG AND SWEARING.* Sect. 61, 62. Penalty for profane swearing ; v/hen summary conviction to be made. G3. Proceedings if penalty be not paid or secured. § Gl. Every person v/ho shall profanely curse or swear f.^ne^^^JJarj^^T shall forfeit one dollar for every offence ; if the offence be ^^^^y^^^^ committed in the presence and hearing of any justice of the peace, mayor, recorder or aldermen of any city, while hold- ing a court, a conviction of the offender shall be immediately made by such magistrate, without any other proof whatso- ever. (90) § 62. And if, at any other time, the offence be committed ih. other cases, in the presence and hearing of such justice, mayor, recorder or alderman, under such circumstances, as in the opinion of the magistrate, to amount to a gross violation of public de- cency, such magistrate may, in his discretion, convict the of- fender without other proof. (90) § 63. If the offender do not forthwith pav the penalties in- Proceedings if , penalty be not curred, with the costs, or give security for their payment paid or secured. within six days, he shall be committed by warrant to the com- mon jail of the county for every offence, or for any number of offences whereof he w^as convicted, at one and the same time, for not less than one day, nor more than three days, there to be confined in a room separate from all other pri- soners. (90) -^ * An act was passed as early as the ISili of September, 1708, ajrainst the detestable vice of cursing and swearing. The preamWi- to the statute recites, that " whereas profaneness and immorality have too much abounded within this colony, to the .shame of Christianity and the great grief of all good and sober men ; for the suppressing whereof for the future, the statute declares, that all persons who sliall be convicted of cursing and swearing ehall be fined three shillings, which may be levied by distress, and if nothing to distrain can be found, the offender to be committed to the stocks. The act continued to be the law of the colony until the revolution. An act was passed by the legislature of the state, February 25, 1788, J, & V. vol. 2, p. 2.'57, adopting the above provisions with some slight variations. It directs that persons above the age of sixteen years, wlio do not pay their fines, to be put in the stocks, and those under that age the parent or master shall pay it for them. This provision is incor porated in the Revision of the Laws by Kent and Rad. vol. 1, 224, and also in the Revision of 181.1, vol. 2, 195. '^'0^ 2 Rev. Law5, p. 195, section 6; 7, 8. L 654 PUBLIC HEALTH— OFFICERS or. PROVI^IOJVS. PUTRID OR UNSOUND, HOW DESTROYED. 1. Unsound beef hides, skins. &c. when and how destroyed. Act to Reduce, ^c. 1813. — 2 Revised Laws, p. 448. Unsound beef 1. R 261. And he it further enacted, That whenever any &c. when and ^ ./ . ' hovr destroyed, putrid 01' imsouiid bccf, poi'Iv, fish, hidcs or skms of any kind, shall be found within the said city, it shall be lawful for the said mayor, aldermen and commonalty, or any one of the in- spectors of those articles, or any of them, or any person or persons acting under them or any of them, to cause the same to be destroyed, by starting it, or casting them into the streams of the East or Hudson's rivers, below low water mark, and at a suitable distance from the shore, or in such other manner as the said mayor, aldermen and commonalty, shall or may from time to time direct. Board of health. PrBIilC HEAIiTH-Officcrs of. Revised Statutes, Vol. 1, p. 422. CHAP. XIV. OF THE PUBLIC HEALTH.* Title 1.— Of the officers of heaUh in the city of New-York. Title 2.— Of quarantine, and regulations in the nature of quarantine, at the port of New- York. Title 3.— Internal regulations for the preservation of the public health in the city of New- York. Title 4. — Of the marine hospital and its funds. Title 5.— General provisions applicable to the city of New- York. TITL.E 1. OF THE OFFICERS OF HEALTH IN THE CITY OF NEW-YORK. Sect. 1, 2. Roard of health continued ; president and members how appointed, &c. 3. Who comniissioners of health. 4,5. Duties of health otiicer; power to appoint assistant. 6—11. Duties of resident physician and health commissioner. 12, 13. Salaries and fees of c ommissioners of health and health officer. 14. Consulting physicians how appointed, and duties. 15, 16. Inspectors of health how appointed ; their fees and duties. § 1. There shall continue to be a Board of Health in the city of New- York, of which the mayor shall by right of * Various cnactmenls have from time (o time been made, both by (he colonial assembly and the legislalure of the state, in relation to the bringing in and spreading PUBLIC HEx\LTH— COMMISSIONERS OF. office be president, and the members of which shall, from time to time, be appointed by the common council of the city.(l) G55 § 2. In case the mayor shall, from any cause, be unable to attend to the discharge of his duties as a health officer, the board of health may choose one of their own number as president, who shall possess all the powers and perform all the duties of the mayor under this Chapter. Ibid. 3. The health officer, resident physician, and health com- commissioners missioncr of the citv, shall be the commissioners of health. of health. § 4. The health officer shall perform all the duties hereaf- Health officer, ter specified in this Chapter, and such other duties as the board or commissioners of health shall lawfully require. § 5. The health officer may appoint an assistant, for whose [his assistant, conduct he shall be reponsible, and who may perform all the of infectious diseases, as may be seen by a reference to the list of acts in this volume. Few sul)jpcts have enj^rossed a greater share of lef^islative attention. And as the pro- cess of abrogation, alteration and amendment which has heretofore been applied to our quarantine regulations will probably continue, it is hoped the following note, ex- tracted from the work of the patriotic and benevolent Howard, of the quarantine laws of Venice, which are supposed to be the most perfect regulations upon tho subject that are to be found in any oiher ciiy of Europe will not be useless, and may, it is expected, throw out some hints that may lead to a mcie perfect organization of this department of internal police ; "The rules and tariffs of other lazarettos in Europe haviog been evidently formed from (hose established at Venice, I shall be more particular in my account of the regulations here for performing quarantine. " The following account has been for the most part copied from the sketch of art information sent to our government in 1770, the perusal of which I owe to the favor of Mr. Richie, our consul at Venice. I carefully exammed this sketch during mj quarantine of forty-two days, and I have given it with a few corrections and ob- servations." "Hea/.tii Office. — The health office at Venice was instituted by a decree of the senate in 1448, in the midst of a very destructive pestilence, and afterwards con- firmed and regulated by various subsequent decrees till reduced to the excellent order in which it stands at present. This important office is governed by thr^e com- missioners annually chosen by the senate, whose duly it is to attend every day to the business of the office; and to them are added two assistant commissioners, and two extraordinary, who formerly served as junior commissioners, and are gentlemen of wis- dom and experier)ce. These last take their seats at the board when they think it re- quisite, or when cases of difficulty and danger require their counsel. The power or authority of this court is very extensive ; for when all the seven magistrates sit to- (1) This chapter was compiled, with various alterations and additions, from the following statutes ; Laws of 1823, p. 04 ; 1824, p. 18, ^ 2 ; 1827, p. 139, ^ 24 to 33. 056 PUBLIC HEALTH— COMMISSIONERS of. duties required of the health officer. Such assistant, before he shall enter on the duties of his office, shall take the oath prescribed in the constitution of this state. Resident physi- § 6. Tlic resident physician shall visit all sick persons re- ported to the mayor, or to the board or commissioners of health, and shall perform such other duties as the board of health shall enjoin. sioner. 7. The health commissioner, under the direction of the board of health, shall assist the resident physician in the dis- charge of his official duties. lb. to give bend. § 8. He shall also receive all monies, appropriated to the use of the marine hospital, aftd shall pay all demands against the hospital that shall be approved by a majority of the com- missioners of health ; and before he shall enter on the duties of his office, shall execute a bond in the penal sum of five thousand dollars, conditioned for the faithful performance of his trust, and with such sureties as the m.ayor or recorder of the city shall approve. The bond shall be given to the peo- ple of this state, and be filed by the officer taking it, in the office of the clerk of the city and county. gother, (heir judgments are decisive and withou! appeal, as well in civil as iacrlminal affairs that relate to public health, ail which fall under their cognizance ; by which means this court is one of the most respectable in the government, and accordingly is always. filled hy persons of approved integrity and reputatio;i, and in easy circum- stances; In order to be less exposed to corruption, as their emoluments are very small, although it is a step towards more lucrative employments. I shall not enter into an elaborate description of every particular circumstance relative to this office, only so far as is necessary to form an idea of it^s regulations and order, in the expurgation of merchandise, or passengers coming from places suspected of pestilential infection. I shall therefore take notice of the office ilsolf, the duty and authority of its magis- trates, ice. afterwards successively give a particular account of the lazaretto?, priors of lazarettos, guardians of health, messengers, porters, the method of receiving captains of ships from suspected places, taking their report.", quarantine of passen- gers, and expurgation of goods in the lazaretto^ taking nofice occasionally of other circumstances of less moment which have a relation to and cormection with those above mentioned." The court is always attended by a secretary, who is a notary public, advocate fiscal, and several clerks, wlio are for life or good behaviour, and have their respec- tive salaries. The priors of the laznretlos are subjected to this board, as are the guardians of health, and messengers, whose particular duties I shall afterwards de- scribe. It maintains overseers in different palts of tlie city to inspect the provisions sold in the public markets, shops, or otherwise, who make their report of whatever they find that might have a tendency to affect the" publics health ; their business i? also to superintend the beggars, to prevent Icafh-scme ^nd noxious distempers being PUBLIC HEALTH— OFFICERS op. 657 § 9. He shall render to tlie board of health, a monthly account of his receipts and disbursements on account of the marine hospital, and shall deposit the balance that shall ap- pear to be in his hands, in such bank in the city of New- York, as the board shall designate, to the credit of the com- missioners of health. To account and deposit niouies. derircd from waiit and misery or other obvious causes ; they keep an exact register of deaths, and the bodies of those who die without any previous malady, are accu- rately examined by the physicsan and suri^eon immediately belonging to (he office, both of these have a fixed salary, «nd are consulted by the board in casts relatmg to their resfective professions; they are also obliged in contagious emergencies to shut them- selves up in the lazaretto to take care of the sick. The City of Vemce has two lararettos appropriated to the expurgation of mer- Lazarettos, chandise susceptible of infection coming from suspected parts, and for the ac- commodation of passengers in performing quarantine ; as also for the reception of peW sous and effects infected in the unhappy times of pestilence. The old lazaretto is two miles, and the new about five miles distant from the city, both on little islands, sepa- rated from all communication not only l^y broad canals surrounding them, but also by ^ high walls ; they are of large extent, being about four hundred geometrical paces in circumference. They ha,ve only a ground floor and one over it, and are divided and subdivided into a great number of apartments ; greater and smaller for the reception of passengers; all their apartments have their separate entries and stairs, and eveiy range of them has an open court in front, with plats of grass which is not suffered to grow too high ; and no kind of trees or vegetables are permitted within this district, nor within a good distance from it. There are sheds against some of the walls and in other place*, (but not mixed with the apartments of passengers) so contrived that the merchandise is not exposed to damage by rain or otherwise, and at the same time, that the air is not confined. The internal government and direction of these lazarettos is committed Prior's duty, in each to an officer called a prior, who is chosen by the board of health, and accountable to it alone for his management ; he has an assistant chosen by himself, and confirmed by the magistrates; both these have a competent salary, and are obliged to reside in the lazaretto,-where a convenient habitation is assigned them. The priorship is an ofiice of great trust, and the magistrates are careful to confer it upon none but such aa, are. suilal)ly qualified ; he must not be related to any in the magistracy, nor , to any of its ministers ; must have no interest or concern in shipping, nor in trade ; and in the exercise of his office he is subjected to the strictest rulesi the most ma- terial of which are as follows : , Rules. — He must see all the gates and doors of the different apartments locked Hulcs. every evening by sunset, as well the outward gates as those of the apartments occu- pied by passengers, merchandise, and porters; he takes the keys into his possession, and suffers them not to be opened before sunrise. And Where there is any suspicion of infection, the gates must be kept constantly locked, and opened only fornecessary occurrences, in tlrie presence of the prior. He must not suffer dogs, cats, or other domestic animals to go loose in the lazaretto. He must neither buy nor sell, nor make bargains or contracts with passengers or others within the lazaretto, nor permit others to do so ; neither are contracts of any kind, purchases or sales, nor even powers of attorney or other notarial acts allowed there without express leave from the board, otherwise they are null and void. He suffers no fishing boats, nor other small craft to come within a certain distance of the lazaretto, nor any communication between those in quarantine and such boats. He keeps a book where are regularly noted all all persons who perform quarantine, together with a general inventory of their effects, and a particular distinct one of all goods and hierchandise, copies of which he trani* m.its to the health otfice at least once a month. He cannot recei/e persons nor effect* 83 658 PUBLIC HEALTH— OFFICERS of. Monies how drawH. § 10. The monies so deposited shall not be drawn out, ex- cept on the check of the health commissioner, countersigned by the presid ent of the board of health. eieetings of phy- mcian and com- missfODer. § n. In the discharge of their duties, the resident physi- cian and health commissioner, shall meet daily at the office of the board of healthy during such part of the year and at such hours of the day, as the board shall designate. Suttler». to perform quarantine without a inaiidate fiom the olTic^, which inai)date must always be accompanied by a messenger at»d in the sitne (\nin at their discliarp;?/ Neither can he admit visitors (o those in qiiaraiitinft without such mandate, which (for visits) is given gratis from the otfke. But pijlihc brokers are excluded from these visits even if they had obtained a m;indate for that purpose. He is to take care that quiet a4P f^ood order be maintained among the passengers and porters, and must not per- mit gaming, drinking, nor tven such exercises and diversions as might produce a mixture of persons in difVerent quarantines, or otfend the circumspection of the place. When a passenger or porter falls sick, the prior, by means of the respective guardian takes care that it is separated from others in tlie s^me apartment as m'ich as possible, and immediately gives notice to the board, who send their physician to examine dili- gently the nature of the disease, and any other physician may be called jointly with him ; but they are not to transgress the caution presciibed, or they would be detained in the same department till the quarantine ended. The prior is autliorized to exe- cute the office of notary public in cases of necessity, for no notary is admitted with- out express order from the board; he therefore draws up wills and testaments of those within his territory, but it must be done in the presence of five vvi Inesscs. When any person dies there, unless the physician of the office, together with the surgeon, declare that his death proceeded not iVom any contagious cause, and that they are quite clear and explicit in their report, all those in his quarantine must begin it anew, af)d\that as often as any suspected death happens in it. There is a burial place within the lazaretto, and the dead are all buried naked by those of their respective apartments, and if there is any suspicion of infection, a quantity of quick linie is thrown upon the corpse in the grave, which is digged five or six feet deep. It is th6 prior's dut} to see that the guardians of tlie respective quarantines cause the passengeo lo expose their apparel, and oiher effects to tlie open air every day, and that he give all proper as- sistance to those under their guard. He ought to visit every'apartment underquaran- tine at least twice a day, once in the morning and once in the afternoon^ to see that the passengers are proper y served and supplied with necessaries, and that every thing goes on according to the rules and cautions of health. He is lotake into his possess-joti all sorts of arms belonging to passengers, which are to be restored when the quarantine is finished. SuTTLERS.— No suttlers are admitted, but those appointed by the board, on pur- pose to supply the lazaretto with provisions and other necessaries; these are obliged to come every day, and to bring whatever the passengers order, at a fixed price — extortion is severely punished — they are not to enter the lazaretto, but have a con- venient place assigned them) where the guardians and passengers can come to see their provisions and give their orders ; the suttlers have baSikets fastened to poles of seven or eight feel long in which they reach every thing to those within, and in pre- sence of the prior or his substitute, who cause the money to be dipped iti vinegar or salt water before the sultle'rs take it. The suttlers are subjected to the magistracy, and liable to punishment for every contravention of its rules and orders which are hungup. When letters are written from the lazaretto they must be fumigated in the usuaf way by the guardian who superintends the apartments, then reached to the prior by means of a cane, or other stick split in the end for that purpose, and by him PUBLIC HEALTH— OFFICERS of. 659 § 12. The resident physician and health commissioner, Their wiarie« shall each receive an annual salary of one thousand dollars; and the health officer, as physician of the marine hospital, a like salary of four hundred and fifty dollars ; and such sala- ries shall be paid out of the monies appropriated for the use of the marine hospital. sometimes perfumed and sent away.' He causes the porters employed in expnrga- lioji of goods, to sweep and keep clean their respective sheds, arid all around thenft, suflering no bits.of wool or collon, or such lilic to fly about or lie oil (he ground where there is any passage : and attends with most vigilant exactness to the porters in the discharge of their daily duty. The prior > aanot be arrested, during his office by any other niagi>lrate but those of health, nor is subject to civil or criminal prosecu- tion in any other court of justice. Neither can persons or etTects be arrested or at- tached in the lazaretto during quaiantine. The prior is strictly enjoined not to exact money, or any other consideration wlialever from the passengers by way of re- coriipenre foi his trouble or attandajice, nor ought he even (according to law) to ac- cept of presents from passerigers who perform quarantine, or fi'om merchants whose goods are under inspection : only he is entitled to a small recognition for every bale or parcel, as regulated by the magistrates. But he and his assistants expect a gratuity. The prior and hU siibslitiile mu->t carefully avoid touching either goods or passen- gers in quarantine, and for that end, in their re>pective walks and visits always carry a cane to keep passengers at a proper distance: but if by any unfortunate accident they should be contaminated by touch, they must perform quarantine from whence the suspicion of infection was derived, and others would be appointed in their room, pro tempore. If they were touclied by a malicious design the person offending ik liable to such punishment as the nature of the oflcnce requires, and the magistrates of health judge adequate. Neither the prior or his suh.stilufc mu>t Irave the lazaretto except when called by the magistiate.v, or ujion busii.ess with then, relative to iiis olTice, and not without en- press pHrrnission on his private affair. GuB!iDiA\s.— There are sixty guardians belonging to the health office of Venice, of wliom part ore appointed to inspect the (luarantines of p-issenger-s merchandise, and the porters att'. riding it in the l;iza<%tto, and part superintend the quarantines of sliips and their companies, on board which ihcy are sent immedrately on their arrival, and continue till thtir discharge: all these have a fixed daily allowance from the pas- sengers, masters of ships or nieichants in whose service they inimediately-are. Their duly in the lazaretto is to attend on passengers, to assist them in their accommodation and othtrwisr, and strictly observe that no mi.xtute of different quarantines happen : as every apartiiit ntof passengers l)y the name ship, or if goods and porters have their le- fpcctive guaidian, none of them ar6 permitted to go without the limits of their allotted aparlmoiit* unles-s acccnpanied by the guardian, who has his cane to keep others at a due distance. On the arrival cf ]>assf ngers he must see all the trunk-, chests, 6ic. opened, put his hands into every one of them, take a noteof the general contents, and if he find anything contraband, the prior must acquaint the magistracy, who determine accortlingly. They are to be very watchful, about the health of ihpir pas- sengers, and gire notice to the p/ior, whenever tiiey perceive symptoms of sick nes3. They must keep the strictest eye over tiie porters, that they ueg-lect noi their daily labor in ^airing and moving the goods under their care, ^d in case of negligence, want of punduality or di?hoHCsty, they iiir>rin the prior who torn- plains to the magistrates^ and the porters are piiiiished. The guardians al«o are under the eye of the piior, and in cases of collusion or wilful neglect they are pu-«' i-hed severely and soiiie'.iiues capiluily. Suiirdians. I 660 PUBUC HEALTH-OFFICERS of. ^^^officers'"^'' ^ ^^' "^^^ ^^ health officer ^hall be entitled to receive the following fees for visiting and examining ve'ssels in the dis- charge of his official duties : 1. For each vessel from a foreign port, six dollars and fifty cents. 2. For each vessel from a place in the United States south of Cape Henlopen, if above one hundred and sixty tons, Porter?. The duty of gimidians on board of ships -is slill mors strict, and requires greater atten- tion; fnrnot having the prior to direct them in an emergency, as in the lazaretto, they must correspond directly with the office, and give an account of every thing that happens immediately on their going on board; they must take an exact roll of all the ship's crew, which they transmit to the office, and they must see them all mustered every day, that no sickness be concealed nor elopement mad'>, they must a'so take a distinct and minute note of all goods and ethxts on board without exception, a copy of which they al^o transmit to the office, in order to prevent contraband got)ds being clandestinely ret.'iined. After this they must on no consideration allow any thiniv to go out of the ship, nor must they suffer any bark or vessel to come near without a mandate, and when visits arc permitted to the captain or crew, the guardian must always be in sight of the Interview tliat the due caution of health be carefully observed. Tliey are to take care that the suttlers, appointed to servo ships in quarantine, perform their duly faithfully, and with due regard to the rules of health in like manner as in the lazaretto. They are to permit no passengers to perform quarantine on board of the ship under any pretence whatever; and if any should remain on board in sailor's disguise, he or they must be sent to the lazaretto, and the ship begins her quarantine anew from thr< day of their departure, which happens in the same manner as if goods should be concealed on board, after tlie rest of the cargo is sent to the lazaretto. Messengers or servants are employed by the magistrates of the health office to conduct all captains of ships to the office, to make their report, and back again on board, the cap- tains going in their own boat, and the messengers in theirs; they must also attend all pas- sengers to the lazaretto, as well as every lighter of merchandise sent thither, and see the boat's crew return on board again without communication with others. They are obliged also (or rather the eldest of thcjn) to receive, open, and perfume or smoke all letters that come by ships from suspected parts: and nil captains, sailors or passengers are strictly prohibited from keeping letters on board, or sending them. ashore without the requisite formality at the health office: they are al'terwards scaled again and distributed according to the directions. These messengers or servants (in number seveii) are also employed in general on all messages from the office, whe'licr to the lazaretto, or vessels in quarantine, or on business relating to the department of heallii in th-e city. They have no fixed salary but are paid so much for conducting captains of ships, passengers or mercbaiulise. All porters employed in purging goods in tlie lazaretto, are immediately under the inspection and jurisdiction of the magistrates of health, so long a^ they remain there, being superintended by the prior and guardians, and iffound deficient in doing their duty,- are punished according to the rigor of the law, as indeed all other delinquents are in mat- ters of health. • ,- , Every merchant must liave his own porters, but their names must be given into the office, and approbation obtained : neither is it permitted to agiee with them by the lump, but they must have their settled daily wages ; the number of porters must also be propcyiioned to the number of bales or large parcels, and for every forty bales or large parcels, there must be a porter. * OF RECEIVIXG CAPTAINS OF SHIPS FROM SUSPECTED PARTS, AND TAK- ING THEIR REPORT. It is here proper to premise that all ships are received at Venice even those which are known to have the plague onboard ; the rules of health are very exactly attended to in every circumstance: in this they are naturally somewhat more strict, but for the rest do not devi- ate from the established course." It is also requisite to.observe that aU ships and merchan- dise coming from any of the Ottoman dominions, are indispensibly subjected to the" full quarantine of forty days.; for, as the Turks take no precaution to prevent this dreadful ca- lamity to preserve and deliver themselves from it, the Venetians; very justly conclude that it is precarious and highly dangerous to trust to any ccrliiicate of health whatever, whether PUBLIC HEALTH-OFFICERS of. 661 three dollars ; if not exceeding one hundred and sixty, and above one hundred tons, two dollars; if below one hundred tons, one dollar. And such fees shall be paid by the respective masters of the vessels so visited and examined. 6 14. The board of health, mav, from lime to time, ap- consulting phy- point so many consulting physicians as they may deem ne- cessary, designate their duties, and fix their compensation. ft-om tlieir owiicosuls or otliers, in places wlicre, although the contagion do not openly ap- pear, it may lie lurking in bales of mcrchaadiso tra;isportod from other parts. Besides, ships from Zaute, Ceplialoiiia, and the other Venetian islands are always liable to a quarantine of thirty ddys, or three weeks at least, a.id frequently forty days, because lying so near the Morea, and having daily communication with its inhabitants, they often neglect the strict rules of health or connive at the broach of them, though all of tliem have an office, on which communicaticn they principally depend for their subsistence, the produce of these islands not being sufficient for a third part of their inhabitants. To prevent, therefore, the fatal consequences that such negligence might produce, it is an established rule to treat all ships and merchandise on their arrival at Venice from those suspected parts with the same caution and reserve as if they were actually infected ; and to obviate all da;iger before their arrival, the pilots are strictly charged, on capital jienalty, not to go on board any t^hip from Turkey, or the adjacent islands, nor to mix with the people; nay, even no pilot is permitted to go on board any ship whatever till clearcii at t-lie health office, or if necessity requires it, they are not to return to tlieir own borts but to remain on board till the ship is declared free at the health office; and in case. of performing quarantine, the pilot must do the same. They are also strictly ordered to use none but tarred ropes, and if the vessel comes from suspected parts, they are to put the captain in mind to heist the usual signal of such ships, that no other boat or vessel may inadvertently hold intercourse with them. When, thcrofore, the ship enters the port, or as soon as the above mentioned signal is disco- vered, (and the health office keeps a person on purpose to give notice of the approach of these and all other ships) a guardian is despatched on board, whose office and duty com- iVienccs from that moment, and continues till the ship has performed quarantine; besides, in dangerous cases as soon as the ship comes to anchor in the sitnaiion appointed, a bark with a party of soldiersjs sent to lie.at a proper distance, and to observe that nothing is done against the established laws. Then one of the messengers goes to conduct the captain to the health office ; his boat keeps a proper distance before that of the captain, clears the way and takes care that no comniunicaticm is he'd between those in the syspeatcd boat and others. When they arrive at the landing place of the office, which is so contrived that the captain and the people may talk with those on shore without approaching too near, he is forthwith conducted into an inclosed entry for that purpose, adjoijiing to the office, where his report is taken by the clerk, from a window, at a due distance: the usual questions are asked, such as from whence he comes, when ha left his port, whether he has a clean bill of health or not, what kind of voyage he has made, if he touched at intermediate ports, if he ^ had product in them or not, if met vessels at sea, and of what nation, if he was aboard of them, or they of him, how many hands he has on board, and if any passengers, if they have been all the voyage in health, or if any be dead or sick, what his loading consists of, if he took it in all at one port; this report is written down by the clerk, and then all his pa- pers and letters are demanded : the first paper to be examined (after previous fumigation) is a bill of health, which is compared with the report given in by tlie captain, both in regard of the health of the place from whence he came, and to the number of seamen and pashcn- gers on board ; and if any captain present himself without a bill of health, it is the unaltei- able rule of the office to oblige ship and cargo to perform full quarantine. If there should be any difference between the bills of health and the captain's report, in the number of persons on board, it is very strictly examined into, and the ship, although com- ing from a place \yithoul the least suspicion of infection, is kept in reserve till the matter is sufficiently cleared up; and if any malicious intention be discovered in the captain to de- «eive the magistracy, by giving false reports, it is a capital crime, and punished accord- 662 PUBLIC HEALTH—OFFICERS of. '"\Se% ^^ ^^* '^^^ board of health shc^ll appoint an inspector of ves- sels, who shall perform the duties required of him in this Chapter, and shall be entitled to receive the following fees: His fees. YoY each cargo inspected by him under the direction of the ' board of health, three dollars ; For each vessel cleansed and purified by him under the like direction, five dollars ; Which fees shall be paid by the owner or consignee of the . cargo inisp^Gted or vessel purified. inglj-; for if the number on board be greater than that in the bills of health, there i# ground to suspect that the superniintierary person or persons have been taken from on board another sliip, or from some place without the requisite documents of health, and if the number l>e less, it might have been diminished by some contagious disease; but supposing these points satisfactory, all ships with clean bills of health are at liberty to unload directly after the captain's report, and he may return on board without the messengers. But when the ship is from any part of the Turkish dominions or other suspected parts, the captain is re-conductcd on board with the same formality as he came. The guardian being already on board, begins immediately on the captain's return to exercise his office, by taking an exact roll of all the crew, and a particular note of their clothes and other effects, both which he transmits to the office, to be compared with the captain's report ; and when permission is given to unload, he keeps an exact register of every parcel that goes out of the ship, which he transmits to the office in order to be compared with the captain's manifesto, delivered in writing, on making his report. • ' ' QUARANTINE OF PASSENGERS. When there are passengers on board, as soon as the above formalities are over, a man date is sent from liie office, to remove them to the lazaretto, where they usually go in the ship's boatj the messenger always keeps near thern in his: when they arrive at the laza- retto, the messenger consigns them to the prior, and conducts the ship's boat bjtck again. The passengers find their guardian of health at the lazaretto, before them their apartment is assigned, their clothes and other effect* for use are visited and noted, and they begin to <-ount their quarantine from the day after their arrival at the lazaretto, with the precau- tions and regulations already described. UiNLOADING MERCHANDISE, AND REMOVING IT TO TfliE LAZARETTO. All goods and effects .=usceptibk' of infection from, suspected parts, must go to tlie laza- vetto to perform quarantine, none being permitted to remain in the ship; but such as are not , susceptible and inlmlk may be unloaded on the ship's arrival, after obtaining a mandate, • and in presence of a messenger, who must always be within sight, as well as the ship'd guardia'i on board. Great caution is used in transporting merchandise to the lazaretto- tlie lighters must have no sails,. or the priors detain tJiem along with the goods, the ropes are well tarred, the sailors belonging to the ship load them Etnd take them in tow with their own boats to the lazaretto, always accompanied by a messenger in going and coming. The prior rec'eives them as before observed, delivers them to the care of the porters and guard'ans, and they are accountable. One of the shipmates or seamen remains in the lazaretto for further guard to the goods, and to be answerable for the bills of lading, per- forming his quarantine there. When the whole cargo is unloaded and properly disposed and arranged in the lazaretto, the quarantine of botli ship and goods commence, and not before. EXPURGATION^ OF GOODS IN THE LAZARETTO. t^oods for expurgation are ranged under sheds for that purpose in the lazaretto in differ- ent order, according to the kinds and marks of the parcels, so that no confusion ensues in distinguishing their respective projiertics. Wool is taken entirely out of the bags or bal^s, and ranged in heaps, not above four feet high, these are all moved twice evci7 day, turned and the heaps mixed by the porters with their hands nnd arms bare, during forty days successively, and every five days are beside* the usual labor moved out of the places they were in. Silk, flax, feathers, and euch like, are managed in the same manner. PUBLIC HEALTH-OFFICERS of. 063 § 16. It shall be the duty of such inspector, after he shall Hiaduty. j have performed any service required of him, to make an im- mediate report of his proceedings and their result, to the board of health, or the mayor and commissioners of health. 4 Cotton, wool and yarn, camel's hair, and beaver in ba?s, are pui^cd in a different vyay. The bags are all unripped at one end, and the porters are obli<^ed every day to4hrust their naked hands and arms into them, in different places, as far as the middle of the ba«, for twenty days successively, then the bags are sewed up, turned over, and the other end iirt- ripped,. and managed in the same manner the twenty subsequei|t days, which comnle.e the quarantine, but nfeither of the days wherein the bags are opened, are reckoned among the forty. Woollen and linen clothes, and all goods that are folded in pieces are uifloosed, and the porters turn them over fold by fold, thrusting their naked arms between the folds, and ehifting them often under and above , When there is a certainty of infectioVi, besides this daily motion, they are unfolded, and • extended on cords in the open air, as often as the weather permits. Carpets, blankets, bed covers, quilts, and other manufactures of wool and silk, flax, books, vellum, and all kinds of paper, hair bags, and such like, are continually exposed to the air, moved and turned two or three times every day. Furs are among the most dangerous articles, and very carefully purged, kept constantly cxposi'd to the air, and very often moved and sliaken, in like manner ; hair and ostrich feathers are very diligently attended to. Tobacco, c^doun^-, sheep and goat skins dressed, and ail other dry dressed skins, are ranged in he"s, and now and then moved ; but being articles less subject to infection .they are usually liberated in twenty days. Beos wax and sponges are purged by putting them into salt water (not stagnated) for forty-eight hours and then they are free. There is a place formed in the lazaretto for this •purpose, and a guardian to superintend the operation. Wax and talloio candles are subject to full quarantine, on account of the cotton in thorn, but if the proprietor submits to let them be immersed as above they are free. Animals with wool or long hair, are liable to the whole quarantine, but those with short straiaht hair are purged by causing them to swim as above. The feathered animals arc purged by re- peated sprinkling with vinegar till well wel. There arc other articles not susceptible of infection,* and of consequence not liable to quarantine, though sometimes they become liable by attendant circumstances, such as salted hides, which, when sufficiently salted and moist are free; but if dry they must undergo the formalities of quarantine. Many ariides are nXwAys free wlien they come in- the biindle and others though In package, either because (he'packac;e itself is U-ee, or purified bv the volatile qualities of the contents, or can be removed or rendered harmless. Of the' first sort are all kinds of grain, valionia, or bark, salt, flax-seed, and in p^encral all seeds, •larbles, minerals, wood, earths, sand, alum, vitriol, elephant's teeth, &c. Of the second sort arc suo^ars, chee-e, butter, plgoli fruits fresh and dried, all salted and smoked meat, &c. drug?, colors, &c. that can be separated from the packagr-". Of the third sort are liquors of all kinds, brandies, oils, wines, after pitching the bungs lest there should be canvass, or an}' thing of that nature in th«in, currants, laisns, pitch, although in canvass packages are free, because it is sup[)09ed their nature or effluvia proceeding from them prevent contagion, only the seams and corners are tarred. 664 PUBLIC HEALTH— PLACE of quarantine. TITI.E II. OF QUARANTINE AND REGULATIONS IN THE NATURE OF QUARAN- TINE, AT THE PORT OF NEW-YORK. Art. 1. — Of the place of quarantine, and the vessels and persons subject thereto. Art. 2. — Of the duties of pilots in relation to vessels subject to quarantine. Art. 3. — Regulations concerning tiie treatment, conduct, and duties of vessels, articles and persons under quarantine. . . Art. 4. — Regulations concerning the treatment and conduct of vessels,^ticies and person* • released from quarantine, or exempt therefrom. Art. 5. — Of the regulation of intercourse with infected places. Art. 6.— Penalties for violating the provisions ot this Title. ARTICLE FIRST. s OF THE PLACE OF QUARANTINE, AND THE VESSELS AND PERSONS SUBJECT THERETO. Sect. 1. Anchorage place at quarantine. ^ 2. How designated. ' 3. Vessels subject to quarantine to proceed immediately thereto. ^ 4. What vessels subject to quarantine, and how classed. 5. Quarantine of classes 1 and 2. 6. Regular quarantine of certain vesel, 45. Power of health officer to confine sailors ; when; how maintained. 46. (Quarantine of vessels remaining at quaraatine on 1st October, Health officer to § 17. It shall be the duty of the health officer to enter on visit vessel board of every vessel subject to quarantine, immediately on , her arrival, and to make strict search and inquiry into the health of the officers, crew and passengers, and into the state and condition of the vessel and her cargo. I PUBLIC HEALTH— TREATMENT OF VESSELS, &c. 6G9 § 18. In the discharge of this duty, he may put ?ll such His powers, questions to the persons on board, as he shall judge necessary and proper, to enable him to ascertain the condition of the vessel, and the length of quarantine to which she ought to^ be subject ; and the persons to whom such questions maybe put, shall, if required, answer the same under oath, which the health officer is authorized to admjnister. § 19. It shall be the duty of the health officer to make to to report, the board of health, a report respecting every vessel that he shall visit, and containing all such information as may enable the board to determine what measures, in respect to such vessel, ought to be adopted. § 20. Everv vessel subiect to a renrular quarantine of two Purifying ves- days, shall, during its quarantine, be thoroughly ventilated and cleansed, and the clothing and bedding of the crew and passengers, be well washed arid aired. § 21. Captains and passengers, arriving from healthy ports, ^^ 'Jo tKity?'"*' and in healthy vessels subject to a quarantine of two days, may, on their arrival, be permitted to come into the city, without any baggage. ^ 22. The master, owner, or consignee, of every vessel ^^^ladcn^&c"" subject to a regular.quarantine of thirty days, shall forthwith, upon the requisition, and under the direction of the health offi- cer, cause such vessel to be unladen, cleansed and purifi^. § 23. Everv vessel mentioned in the last precedinsr section. To he wiiite- , " . X o ' washed. shall, during her quarantine, be at least three times thoroughly white-washed in every part of the inside, except such parts as have been painted or varnished, which shall be purified as the health officer shall direct ; and. such vessel shall be fumi- gated with mineral acid gas, when required by the health officer. There shall be an interval of at least four days between each white-washing, and when the weather permits, wind-sails shall be kept in each hatchway of the vessel. §24. When the requisitions^ of the preceding section Vessel when to shall have been complied with, and the regular period of quarantine shall have expired, if the health officer shall judge 670 PUBLIC HEALTH— CARGO, PASSENGERS, AC. the vessel clean and free from infection, he shall make a full report of all the circumstances affecting the health of the vessel, and ''of her actual condition, to the board of health, who may then release the vessel from quarantine. ^^'"edT&c.^^"'^' § 25. It shall be the duty of the health officer to cause the cargo of every such vessel, to be landed at the quarantine ground, or at some other suitable place out of the city, and , there to be properly ventilated and cleansed, for at least twenty days. % Certain articles § 26. From such vcntilatiou and cleansing, alum, chalk, coals, distilled, expressed and fermented liquors, drugs and medicines, dye-woods, glass, stone and earthen ware, fruit in a sound state, honey, ivory, lignum- vita3, mahogany, me- tallic substances, marble, oils, paints, resin, salts, spices, sirups, tar, turpentine, turtle shell, wax, and such other articles of the cargo as may be sufficiently purified- by washing v/ith water, or are not liable to retain infection, shall be excepted, if the authority to make such exception, shall have been given to the health officer, by the board of health, or the mayor and commissioners of health. iSueKth?dfy § 2"^' ^^ portion of such cargo, other than articles except- ed under the preceding section, shall be conveyed to the city, without the permit of the board of health, which shall not be given until the health officer, or some special agent ap- proved of by the board of health, shall have reported to the board, that such cargo has been properly ventilated and cleansed, and is in a sound condition, and free from infection. %tT&c^ wh?n § 2®- None of the officers, passengers or crew of any such Am"endt!dbythe'^6ssel shall procccd to or cutcr the city, until fifteen days id;Vpo^t!^"' ^^' after the sailing of the vessel from her foreign port of de- parture, nor until fifteen days after the last case of pestilen- tial or infectious fever that shall have occurred on board, nor until ten days after landing at quarantine. , to^bede"stroyed.' § 29. The health officer, if he shall judge it necessary to prevent infection or contagion, may cause any bedding or clothing on board a vessel subject to quarantine, or any por- tion of her cargo that he may deem infected, to be de- stroyed. PUBLIC HEALTH — cotton, &c. to be detained. 671 § 30. If there shall be any West-India produce or mer- j^^r^'J^'.^lLrd chandise, other than such articles a^ are enumerated in the twenty-sixth section of this Title, or that may be excepted under that section, on board of any coasting vessel subject to quarantine, it shall be the duty of the health officer, (ex- cept in the cases mentioned in the next succeeding section,) to order such produce or merchandise to be landed for puri- fication, at the quarantine ground, or at some suitable place out of the city, subject to his orders and regulations, or if not landed at the quarantine ground, to those of the mayor and commissioners of health. § 31. The landino; of such produce or merchandise from Except in ccrtaio ' o X ^ casus, any such vessel, shall not be required, if the master shall ex- hibit satisfactory proof that it is free from damage, and has been landed in the United States, or some British port of North America, more than twenty days ; or that the port in the West-Indies where it was shipped, was healthy at the time of such shipment, and that the vessel in which it was import- ed, was also healthjf, from the time of her departure from the United States, or British port of North America, until her return. § 32. All racrs, hides and skins, arriving]: in vessels subiect R^ffs, hides, ' ° ' ^ '' and i-kins, when to the examination of the health officer, between the thirty- landed, first day of May and the first day of October in any year, shall be discharged at the quarantine ground : if the health . officer on examination, shall find the articles so discharged to be sound, he may grant a permit for their removal to those parts of the city, where their entry is permitted, unless they shall have arrived under the circumstances mentioned in the next succeeding section. If, in his opinion, such re- moval would be dangerous to the public health, the health offi- cer shall detain such articles until they shall have been cleansed or purified, or until, in his judgment, they may be removed with safety. § 33. All cotton, all the articles enumerated in the last pre- cotton and other ceding section, and all other articles in the opinion of the Sed! ^° ^^ ^^' health officer likely to imbibe and retain infection, shall be detained at the quarantine ground, or at some other suitable pl.ace without the limits of the city, until the first day of No- 672 PUBLIC HEALTH — cotton &c. to be detained. vember, if they shall arrive between the thirty-first day o May and the first day of November, in any vessel on boarc of which any person is, or shall have been sick, of any pes tilential or infectious fever during the time the cargo was on. board, or which shall have brought such articles from a port, where such fever existed at the time of, or shortly previous to their shipment. When to be shipped. § 34. If in their opinion it shall not be dangerous to the public health, the health officer, the board of health,. or the mayor and commissioners of health, may permit such arti- cles to be shipped for exportation by sea, or transportation up the North or East river, in any vessel w^hich shall not ap- proach, whilst loading or .when loaded, nearer than three hundred yards to the wharv^es of the city : and if any vessel so loaded, shall approach nearer to the city, the articles so loaded may be seized and sold by the commissioners of health, for the use of the marine hospital. When may be sent to the city. § 85. If any vessel subject to quarantine for less than thir- ty days, and laden in whole or in part with cotton of the United States or their territories, shall have on board any sick person, the character of whose disease cannot be im- mediately ascertained, the health officer may detain such vessel and cargo at quarantine, ^for a term not exceeding ten days ; and if, in his opinion, the disease of such sick person is not of a malignant or pestilential nature, he may either re- lease the vessel and cargo from quarantine, or, detaining the vessel, may permit the cotton to be sent directly to the city of New- York, or to be put on board of any vessel, at the wdiarves of the city, for e:tportation. Vessels to have ^ 30, Evcry vcsscl subjcct to quarantine shall be desig- nated by colours, to be fixed in a conspicuous part of the main shrouds of the vessel, and to remain there until the ex- piration of her quarantine. Boats not to land, § 37. No boat from any outward or inward bound vessel, shall land at the quarantine ground after sunset ; nor shall boats of any description, at any time, pass through the range of vessels lying at quarantine, \vithout the perinission of the health officer. PUBLIC HEALTH— WHEN bond required. 673 § 38. No lighters shall be employed to load or unload ves- Lighters, sels at quarantine, but by the permission of the health offi- cer, and subject to such restrictions as he shall impose. § 39. No vessel subiect to quarantine, shall approach the vesseisnottoap- •^ A ' . iproach the city. city of NeW'York beyond the place assigned for quarantine, without a written permit from the health officer ; nor shall any such permit be granted to any vessel -or any portion of her cargo, until the requisitions of this Chapter^ in relation to such vessel or cargo, shall have been complied with. § 40. The health ofiicer, whenever he shall deem it expo- certain bond _ ' ^ may be required. dient, may require any person placed under quarantine, to execute a bond with such sureties as he shall approve, to the commissioners of health,. and their successors in oflice. § 4L The penalty of such bond shall not be less than five ^^Shion^"** hundred, nor more than two thousand dollars, and its condi- tion shall be, that the person executing it, shall not, during his period of quarantine, approach nearer the City Hall in the city of New- York, than the distance of three miles, ex- cept in passing the city by water, and that he shall not go into any city or town of the United States, in violation of the quarantine laws thereof. §42. If the person executing such bond, shall break its vviien assigned condition, by visiting any city br town of the United States, other than the city of New- York, the board of health, on,the application of the proper authority, may direct such an as- signment of the bond to be made, as shall enable the assignee to prosecute thereon, and to apply the penalty thereof, when recovered, to such uses as may be directed by the quar^m- tine laws of the state, to which such city or town may belong. §43. All passengers placed under quarantine, who shall roor passengers be unable to maintain themselves, shall be provided for by the master of the vessel in which they shall have arrived. § 44. If the master shall omit so to provide for them, they ibid, shall be maintained on shore, and the expense of their main- tenance -be" charged to their vessel ; nor shall such vessel be 85 ^^^ PUBLIC HEALTH—WHEN bond requireit. permitted to leave the quarantine, until the monies so ex- pended shall have been repaid^ how confined. § 45. The health officer, upon the application of the ma-s- ter of any vessel under quarantine, and his consenting to pay for the maintenance of the offender whilst in custody, may direct to be confined in some suitable place on shore, any mate, sailor, or mariner on board of such vessel, who shall have committed an offence, punishable by the laws of this state or of the United States, and who cannot be properly secured for punishment on board of his vessel. Such con- finement shall continue during the residue of the quarantine of the offender, or until he shall be proceeded against in due course of law ; and the expenses of maintaining the offender, shall be charged and paid in the same manner, as the expen- ses of maintaining poor passengers. Quarantine of § 46. All vcsscls and Dcrsons remaining at quarantine on certain veeselB. ,^ r^i ini rii- the firstday of October, shall thereafter be subject only to such quarantine and restrictions, as vessels and persons arriving on or after that day. CHAP. CCCXXXUL AN ACT to amend the Third Article of the Second Title of the Fourteenth Chapter of the First Part of the Revised Statutes, Passed April 20, 1830, p. 416. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. In all cases arising under the twenty-eighth section of the article hereby amended, it shall be lawful for the health officer, in his discretion, to permit any healthy person arriving from sea in a healthy yessel, and who may not have been exposed to any infectious or contagious disease during the last fifteen days preceding such arrival ^t quarantine, to come to the city of New- York without baggage. PUBLIC HEALTH— TREATMENT OF VESSELS, JtC. 675 ARTICLE FOURTH. REGULA.TIOXS CONCERNtNG THE TREATMENT AND CONDUCT OF VESSELS, ARTICLES AND PERSONS RELEASED FROM QUARAN- TINE, OR EXExMPT THEREFROM. Sect. 47. Master to deliver permit ; to whom. 48. Certain vessels not to come within certain bounds. 49. When permits may be granted ; cargo may first be unloaded. 50. Inispector'sduflcs in such case. 51. Vessel to be directed to a wharf; when and how she may leave it. 52. Cargoes of certain other vessels, under what restrictions introduced into eity. 53. 54, 55. The same. 56. Cargoes of certain vessels not to be brought into city without permit. 57. Permit, when granted. 58. Certain other vessels not to approach within certain bounds in period fiitd. 59. Where case of fever, cargo not to be introduced within certain period, GO. Certain vessels not to come within certain bounds. 61. When permit may be granted ; by whom. 62. i\o person to enter city until fifteen days after last case of fevar. C3. Clothing or merchandise not to be bronght into city until purified. § 47. The master of every vessel released from quaran- Masterjo^deiiw tine, and arriving at the city of New- York, shall within twenty-four hours after such arrival, deliver the permit of the health officer at the office of the mayor and commissioners of health, or to such person as they shall direct. § 48. No vessel subject to a regular quarantine of two rSlS^d'tTcOT- days, unless she shall have sailed from some port in the West «»'" bound*. Indies, or in America south .of Louisiana and north of the equator, before the sixteenth day of May ; or from some port in the United States south of Georgia, before the first day of June in the year of her arrival, shall, when released from quarantine, approach within three hundred yards of that part of the island of New-York which lies southward of Bank street on the North river, and of Eighth street on the East river, until after the first day of October, in the year of her arrival ; unless by virtue of a special permission to be granted under the circumstances mentioned in the three next follow- ing sections. § 49. If any siicii vessel shall have arrived from any place when excepted. in the Mediterranean, in Asia, in America south of the equa- tor, or from the Madeira, Canary, Cape de Yerd, Western, Bermuda or Bahama islands, the mayor and commissioners of health, may, by a special permission in writing, direct her 676 PUBLIC HEALTH— TRE.YTMEXT of vessels, &c. to be hauled to a wharf south of the bounds so prescribed ; and in their discretion may fii\st order her cargo, or any por- tion thereof, to be. unloaded, subject to their orders and re- gulations. Inspector's duty. § 50. Wlicrc such Order for unloading the cargo shall have been made, the "inspector of vessels, after such vessel "shall have been unloaded, shall see that the vessel and ballast are properly cleansed, and when the same are duly cleansed and purified, shall make his report to the mayor and commis- sioners of health. Tocated.'"'' §5L The mayor and commissioners of health may then direct the vessel to such wharf as they may deem proper ; and no vessel being at the wdiarf pursuant to such direction, maTbeJande? ^^^^^^» witliout their permission in writing, depart thence, or change her birth, until the first day of the ensuing October. § 52. If any coasting vessel subject to a regular quaran- tine of two days, shall be wdioU}^ laden with lumber or tim- ber, the mayor and commissioners of health may permit her cargo to be discharged at any wharf they shall designate ; but after such discharge, such vessel shdll be subject to all restrictions in the preceding sections in this Article con- tained. rn^y^comrS u!e ^ ^^* ^^^^ vcsscl which has bccn regularly employed in wharves. trading to one port ox island in tlie West Indies, or America south of Georgia and north of the equator, for the period of twelve months, immediately preceding her arrival at the port of New- York, and the port or island being free from any yellpw, biUous-malignant or any pestilential or infectious fever, as well as the crew and passengers, and having per- formed her regular quarantine of two days, and been pro- perly ventilated, and permitted by the health officer to proceed to the stream, three hundred yards from the city, may be per- mitted by the mayor arid commissioners of health, to come to the wharf with her cargo on board, on and after the first day of October, provided the cargo in their opinion is of a harmless character. it>id' § 54. Any new vessel, or any other vessel not employed before in the West India, or Southern trade, south of Geor- I'UBLIC HEALTH — treat3ient of vessels, &c. 677 gia,/ shall be subject to tlie same regulations as mentiened in the last preceding section, if employed in such regular trade, ; although she may be so employed for a less period than one year, provided she is in all other respects similarly cir- cumstanced. § 55. All vessels from the West India islands, and America i^'**- south of Georgia and north of the equator, being healthy and from healthy ports, after performing two days' quaran- tine," and being properly ventilated, and being permitted by the health oOicer to come to the stream, three hundred yards from the city, may, after their cargoes shall have been dis- charged, and the vessel V\'ell cleaned and purified, be permit- ed by the ma3'or and commissioners of health, to come to such wharf as they may designate, to receive their outward cargoes, at anv time after the first of October. rarcops of cer- not^to § 5G. If any vessel subject to a regular quarantine of two taiMv.i'I'rs days, shall have arrived from any place in the West Indies, 'li.^'Shout p" r* or in America south of Georgia and north of the equator, "'"• or from any place on the contment, or the islands near the continent of Africa ; or shall have been at any of the places so enumerated, after the fifteenth day of May, in the year of her arrival, no portion of her cargo shall be brought into the citv, before the first day of October, in the year of her arrival, until it shall have been inspected by an inspector of vessels, unless by a special permission in writing, of the mayor and commissioners of ' ^lealth. k> 57. When such inspector shall have made his report to Prrmit whm z' 1 1 I I 1- granted. the mayor and commissioners of health, they may direct such cargo, or any part thereof, to be brought into the city, subject to such regulations as they shall prescribe, or may order it to be landed at some. suitable place out of the city, there to be detained at least twenty days and properly ventilated, and then to be brought into the city, subject to their regu- lations. § 58. No vessel subject to a regular quarantine of thirty certain vessels days, when permitted to proceed, sliall approach within three trcur^"""'^ hundred yards of the city of New- York, between the first 678 PUBLIC HEALTH— WHEN vessels approach, «kc. day of June and the first day of October, in the year of her arrival. biThuo^cu^ ^ ^^* No. cargo or part of the cargo of any vessel, on board of which ^during her voyage, a case of any pestilential fever shall have occurred, shall be brought into the city of New- York between the first day of June and the first day of November, except by permission in writing of the board of health. Certain vessels § GO. No vesscl arriving from any place in the United the city. States north of Cape Henlopen, or in British North America, between the thirty-first day of May and the first day of Oc- tober in any year, having on board West India produce, or merchandise, shall approach within three hundred yards of the Island of New- York, southv/ard of the bounds before in this Article prescribed, until permitted by the mayor and commissioners of health, or health officer. When may be § 6L If the master of any such vessel shall exhibit to the mayor and commissioners of health, such satisfactory proof as is required in the thirty-first section of this Title, they may permit the vessel to be hauled to any wharf of the city, and such produce or merchandise may be there landed ; otherwise it shall be sent to some suitable place out of the city, for purification, subject to their regulations. Crews, &c. not § 62. No Dcrson who shall have been one of the crew, or to enter the city. ■* ^ , . . a passenger, in any vessel, at whatever place arrivmg, on board of which any person shall have been sick of any pes- tilential fever, shall enter the city of New-York until fifteen days after the last case of such fever that shall have occur- red on board such vessel. Clothing, &c. not ^ 63. No pcrsou shall bring into the city of New- York any to city. " clothing, bedding or merchandise, that shall have been on board of any such vessel as is referred to jn the last preced- ino" section, until such article shall have been cleansed and purified; and all such articles brought into the city con- trary to this section, may be seized and sold by the commis- sioners of health, for the use of the marine hospital. PUBLIC HEALTH— INTERCOURSE, &c, 079 ARTICLE FIFTH. OF THE REGULATION OF INTERCOURSE WITH INFECTED PLACES. SicT. 64. Proclamation of mayor, &c. of infected places. 65. Period for its ceasing to be fixed ; may be extended. 66. Vessels arriving after proclamation subject to quarantine of at least 30 days. 67. Board of health may regulate internal intercourse with infected places. § 64. The mayor of the city of New- York, or the president, ^^fe^^dpiZel, at the time, of the board of health, may issue his proclama- tion, declaring any place where there shall be reason to be- lieve a pestilential or infectious fever actually exists, to be an infected place within the meaning of the health laws of this state. § 65. Such proclamation shall fix the period when it shall ^^id.- cease to have effect ; but such period, if they shall judge the public health to require it, may from time to time be extend- ed by the board of health, and notice of such extension shall be published in one or more of the newspapers of the city. § 66. After such proclamation shall have been issued, all consequence or vessels arriving in the port of New- York from such infected place, shall be subject to a quarantine of at least thirty days, and, together with their oflicers, crews, passengers and car- goes, to all the provisions, regulations and penalties of this Chapter, in relation to vessels subject to a similar quarantine. § 67. The board of health may, in theif discretion, prohibit ^TL'Stt.'^^ or regulate the internal intercourse by land or water, between the city of New- York and such infected place ; and may di- rect, that all persons who shall come into the city of New- York, contrary to their prohibitions or regulations, shall be apprehended and conveyed to the vessel or place wiience they last came ; or if sick, that they be conveyed to the ma- rine hospital, or such other place as the board of health shall direct. 680 PUBLIC HEALTH— PENALTIES, d.c. ARTICLE SIXTH. PENALTIES FOR VIOLATING THE PllOVISIO'?«S OF THIS TITLE. Sect. 68. Master violating certain provisions to be deemed guilty of a misdemeanor ; how punished. 69, 70, Violating certain other provisions, the same. 71. Giving false information to pilot, landing goods or persons, proceeding beyond quarantine ground, the same. 72. Every person violating certain provi.sionf,^the same. 73. Opposing or obstructing health ofiicer in tlie performance of his duties, the sanie- 74. Entering quarantine ground, the same. 75. Violating section 37, the same, fine only. • 76. Holding intercourse with vessel, the same, fine or imprisonment. 77. May be detained at quarantine. 78. Health officer to give information of such transgression. 79. Master violating section 36, to forfeit certain sum. 80. Every person violating certain provision, the same. 81. Person leaving quarantine, same; duty of magistrates in such case. 82. Pilot violating Article 2d. punishable for misdemeanor ; fine. X 83. Suspension of pilot. 84. Violation of Article 5, misdemeanor ; punishable by fine or imprisonment. /masters^" ^ ^®* Every master of a vessel subject to quarantine, ar- riving in the port of New- York, who shall refuse or neglect either, 1. To proceed with and anchor his vessel at the place as- signed for quarantine, at the time of his arrival : 2. To submit his vessel, cargo and passengers, to the ex- amination of the health officer, and to furnish all necessary information to enable that officer to determine to what length of quarantine and other regulations they ought respectively to be subject : 3. To remain witji his vessel at'quarantine during the pe- riod assigned for her quarantine : and whilst at quarantine, to comply with the directions and regulations of this Chapter, and with such as any of the officers of health, by virtue of the authority given to them in this Chapter, shall prescribe in relation to his vessel, his cargo, himself or his crew : Shall be considered guilty of a misdemeanor, punishable by fine or imprisonment ; the fine for each offence not to ex- ceed two thousand dollars, nor the imprisonment twelve months. jbid. ^ 69. Every such master, who shall violate \he provisions of the thirty-ninth and forty-seventh sections of this Title, by refusing or neglecting to comply with any of the directions in those sections respectively contained, shall be consi'^^frod PUBLIC HEALTH— PENALTIES, so long as the board of health shall direct, not to exceed twenty days, unless he shall be taken sick of some pestilen- tial or infectious disease. • . Noticeof offences § 78. It shall be the duty of the health officer to give im- mediate information to the board of health, of every such transgression, the circumstances attending it, and the condi- tion of the vessel w^ith which a communication shall have been had, that the board may determine how long the offend- er ought to be detained at quarantine. PUBLIC HEALTH— PENALTIES, &c. (583 § 79. Every master of a vessel who shall not comply with violating 9©<-. se. the directions of the thirty-sixth section of this Title, shall forfeit for each offence the sum of fifty dollars, and the fmther sum of three dollars for every hour he shall so offend. § 80. Every person who shall violate the prohibitions of ^^[f '^^^"s •^* ^ the sixty-second and sixty-third sections of this Tit!e, shall for each offence forfeit the sum of five hundred dollars. § 81. Every person under quarantine shall be subject to quStiST to the same penalty, who shall elope from or go beyond the bounds assigned to him for his quarantine ; and it shall be the duty of every justice- of the peace or other magistrate be- fore whom any such offender shall be brought, to order him by warrant to be re-conveyed to the quarantine ground, there to remain for the residue of his term of quarantine. § 82. Every pilot who shall refuse or neglect to perform ***"p|}o" *^ the duties enjoined on him in any of the provisions contained in the second Article of this Title, shall be considered guilty of a misdemeanor, and shall be fined for each offence in a sum not exceeding two hundred dollars. § 83. Whenever the commissioners of health, or either of them, shall charge in writing any pilot with any violation or neglect of duty, the warden of the port shall suspend such pilot from his office, until he shall have entered into a recog- nizance before some magistrate in the city of New- York, in the sum of two hundred dollars, and with sufficient sureties, to appear and answer to the ofience charged, at the next court of general sessions for the city and county of New- York. Proceedinjjs against pilots. § 84. Every person who shall violate the provisions of the fifth Article of this Title, by refusing or neglecting to obey or comply with any order, prohibition or regulation made by the board of health in the exercise of the powers therein con- ferred, shall be considered guilty of a misdemeanor, punish- able by fine or imprisonment, in the discretion of the court by which the offender shall be tried. Violations of Article S. ©84 PUBLIC HEALTH— POWERS, 689 ihe Bowery to Grand street ; and thence through Grand street to Wahiut street.; and thence through Walnut street to the East river ; and all such articles brought into the city contrary to the above provision, may be seized and sold by the commissioners of health, for the use of the marine hos- pital. § 19. The board of health or the mayor and commission- Exceptiona. ers of health, may however permit sound hides and skins to be brought* into the city, south of the line last described, in small quantities, and for the purpose of immediate manufac- ture, but not otherwise. § 20. It shall be the duty of tlie master and owner of every ^tX-Kpomd? vessel that shall have brought cotton into the city, between the first day of May and the first day of November, in any year, and the owner and consignee of such cotton, if upon examination, it shall appear damaged or otherwise unsound, to make an immediate report thereof to the mayor and com- missioners of health. § 2L Every master or owner or consignee, refusing or Penaity^for neg- neglecting to perform the duties so enjoined, shall, for each offence, forfeit to the commissioners of healthj the sum of five hundred dollars. § 22. Every person who shall violate an v order or direc- Disobeying order ^ , , 1 /- I 1 1 1 • *^ I • p of board of health tion of the board oi health, made or given in the exercise of the powers vested in them by the first and second sections of this Title, shall be considered guilty of a misdemeanor, punishable by a fine and imprisonment. § 23. Every practising physician,' who shall refuse or neg- Penalty on phj- lect to perform the duties enjoined on him in the sixth sec- tion of this Title, shall be considered guilty of a misdemea- nor, and shall forfeit for each offence, the sum of two hundred and fifty dollars, to be sued for and recovered by the board of health. • / § 24. Every keeper of a boarding or lodging-house, and ^^^^^l^S^ **'^P' every master, owner or consignee of a vessel, who shall ^ousw. refuse or neglect to obey the directions of the seventh and 87 690 PUBLIC HEALTH— 3IARINE hospital. eighth sections of this Titlh, shall be considered guilty of a misdemeanor, and on conviction shall be fined, for each offence, in a sum not exceedingHwo hundred and fifty dollars, or be imprisoned for a term not exceeding six months. TITLE VI. OF TItE MARINE HOSPITAL AND ITS FUNDS. Skct. 1. The marine hospital held by commissioners of health. 2. Commissioners have the superintendence ; health oSIcer, physician. 3. Commissioners to furnish boat for health officer, 4. Care of sick persons ; not to be removed without permit. 5. Persons eloping may be apprehended. 6. Expenses to be paid, by whom, and who not liable therefor. 7. Sums payable as hospital money, from whom. * 8. Hoypital money how applied ; commission for health commissioner. 9. From whom master may recover monies. JO. flow monies payable by masters of coasting vessels; when; where; penalty. 11. Commissioners must account to comptroller ; use of surplus. 12. Sums necessary to keep buildings in repair, part of«annual expenses ; appropria- tion of present balance. Hospital by whom held. § L The hospital erected on the easterly shore of Staten- Island, and the land adjoining thereto, belonging to the state, shall continue to be denominated " The Marine Hospital," and shall, together with all building and improvements, made thereon, he held by the commissioners of health, in trust for the people* of this state, for the purposes specified in this Chapter. Control thereof. §2. The health officer shall, by right of office, be physi- cian of such hospital, and the commissioners of health, in all other respects, have the superintendence thereof; make rules and orders for its government and management, employ mates, nurses and attendants therefor, and provide bedding, clothing, fuel, provisions, medifcine, and such other articles as shall be requisite therein. Boat. § 3. The commissioners of health shall, at all times, fur- nish a convenient boat with sufficient boatmen, for the use of the health officer, the expense of which shall be charged to the funds of the hospital. Sick persons how • kept. §4. Every sick person sent to the marine hospital, -shall be there kept and attended to, with all necessary and proper PUBLIC HEALTH— HOSPITAL money. ' 6»1 care : and no such person shall leave the hospital, until the health officer shall grant a discharge in writing. ^ 5. The health officer may direct, in writing, any consta- ^^^^^g^^i^Se ble or other citizen ^o pursue and apprehend any person, hot sloping, discharged, who shall elope from the hospital, and to deliver such person at the hospital, to be there detained until regular- ly discharged. It shall be the duty of the constable, or citi- zen so directed, to obey such directions ; and every person who shall so elope shall be considered guilty of a misde- meanor, punishable by fine of imprisonment. § 6. All persons sent to the marine hospital, or any other ^^,,fy,f/t"^bepa^id hospital provided by the board of health, other than those who shall have paid hospital money, and such poor persons as the board of health shall exempt, shall pay a reasonable sum for their board, medicine and attendance ; and for the recovery of such sum, the commissioners of health may sue in their name of office. § 7. The health commissioner shall demand, and be cnti- Hospital money •' who to p.-iy. tied to receive, and in case of neglect or refusal to pay, shall sue for and recover, in his name of office, the following sums, from the master of every vessel that shall arrive in the port of New- York, namely : 1. From the master of every vessel from a foreign port, for himself and each cabin passenger, one dollar and fifty cents ; for each steerage passenger, mate, sailor, or mariner, one dollar. 2. From the master of each coasting vessel, for each per- son on board, twenty-five cents ; but no coasting vessel from the states of New- Jersey, Connecticut and Rhode-Island, shall pay for more than one voyage in each month, comput- ing from the first voyage in each year. § 8. The monies so received, shall be denominated *• hos- how applied pital monies," and shall be appropriated to the use of the ma- rine hospital, deducting a commission to the health commis- sioner of two and one half por cent, for collection. § 9. Each master paying hospital monies, shall be entitled to demand and recover, from each person for whom they ^h'xU be Daid, the sum Daid on his account. How recovered bv masters. 692 PUBLIC HEALTH— HOSPITAL money. Coasting vessel when to pay. § 10. Every master of a coasting vessel, shall pay to the health commissioner, at his office, in the city of New- York, within tw^enty-four hours after the arrival of his vessel in the port, such hospital monies as shall then be demandable from him, under the provisions of this Title ; and every master, for each ofhission of such duty, shall forfeit the sum of one hundred dollars. Accounts; sur- plus. § n. The commissioners of health shall account annually to the comptroller, for all monies received by them, or either of them, for the use of the marine hospital ; and if such mo- nies shall, in any one year, exceed the sum necessary to de- fray the expenses of their trust, including their own salaries, and exclusive of such expenses as are to be borne and paid as a part of the contingent charges of the city of New- York, they shall pay over such surplus to the treasurer of the society for the reformation of juvenile delinquents in the city of New- York, for the use of that society. Charges on fund; balances on band. § 12. The sums necessary to keep the buildings and im- provements of the marine hospital in good repair, shall be charged as a part of its annual expenses ; and the balance of hospital monies, now or hereafter in the hands of the com- missioners of health, whether invested in stock, or otherwise, shall remain appropriated to supply any deficiency that may occur, of the annual funds, to meet the annual expenses of the hospital, and to defray the expenses of erecting such other hospitals, or buildings, as the governor shall, from time to time, direct ; and no sale of stock shall be made by the com- missioners, except by the order of the governor. TITLE V. GENERAL PROVISIONS APPLICABLE TO THE CITY OF NEW- YORK. Certain piOTi- aiona how ex- tended. fiiecT. 1. Limited provisions may be extended by proclamation. 2. Proclamation may be revoked. 3. To whom fines, &c. payable, and how to be applied. 4. Commissioners to give information to district attorney, of offences. 5. Suits not to abate on death of officers. a Provisions of Chapter, how far to extend ; not to interfere with common law. 7. Board of health to cause parts of this Chapter to be printed and distributed. 8. Magistrates to aid board of health. § 1. Whenever it*shall appear to the board of health, that any provisions of this Chapter, limited in their operations to PUBLIC HEALTH— GENERAL provisions. 693 a certain period of the year, ought to be extended, the mayor of the city shall issue his proclamation, extending such pro- visions to "such time as shall be mentioned in the proclama- tion ; and such provisions shall thereupon be extended ac- cordingly, and with the like effect, as if the periods mention- ed in the proclamation, had been enacted in this Chapter. § 2. If it shall appear to the board of health, whilst such ^^^ revokej. proclamation is still in force, that the necessity of extending the period therein named has ceased, the mayor, by a new proclamation declaring that fact, shall revoke the proclama- tion first issued, which, from that time, shall cease to have effect. § 3. All fines, forfeitures and penalties, imposed in Chapter, or under the powers delegated therein, sTiall be paid to the commissioners of health, as a part of the funds of the marine hospital ; and such as are recoverable by suit, in- cluding the penalties of bonds taken from persons under qua- rantine, and excepting such as are, or shall be imposed on physicians, shall be sued for by the commissioners of health, in their name of office. . 1 . Penalties how tniS collected ; to whom to be paid. § 4. It shall be the duty of the commissioners of health audof each of them, to give information to the district attor- ney of the city and county of New- York, of all offences against the provisions of this Chapter, that shall come to their knowledge, that he may prosecute the offenders with- out delay, in the court of sessions of the city. * Information. § 5. No suit that shall be brought by the board or the com- '"''^'baT *** missioners of health, or the health officer, in their respective names of office, in pursuance of the authority given in this Chapter, shall abate on account of the death of the officer, or officers, by whom the same shall be commenced. § 6. The provisions of the previous Titles of this Chapter, Extern of^ thii shall extend to all diseases, which, in theopinion of the board of health, shall be deemed dangerous to the public health ; and nothing in this Chapter contained, shall be construed to interfere with the remedies against nuisances, provided by the common law. 694 PUBLIC HEALTH. cha?te?^o'be § ^' The boai'd of health shall, from time to time, cause- rSed!'"'^ *^''' s"^^ P^^ts as they shall deem necessary, of this CJiapter, to be printed, and shall deliver the^ same to the rerpective pilots of the port, for a distribution to the masters of vessels sub- ject to quarantine ; the expenses of such printing shall be de- frayed out of the monies appropriated for the use of the marine hospital. ^" "to a?d.' *^*^' § ^* ^^ ^^^^^1 ^^ ^^^^ special duty of all the magistrates and civil officers, and of all citizens of the state, to aid to the utmost of their power the board of health, and all the health officers mentioned it this Chapter, in the performance of their respective duties. Revised Statutes, Vol. I, p. 115. ofNlw-Y'oTk^ § IT** No person but a licensed physician shall be appoint- ed to the. office of resident physician, health commissionei*, or health officer of the city of New^-York. Either of them maybe removed by the governor during the recess of the senate. ibid. § 18. The board of health may supply any vacancy that may occur in the office of either of the commissioners of health of the city of New- York, whether arising from the temporary inability of the officer to discharge his duties, or otherwise ; but the person so appointed shall hold his office only until such inability be removed, or the sense of the go- Ycrnor, or of the governor and senate be declared. PUBLIC HEALTH— ACT to amend, &c. »« AN ACT to amend the first and fourth Articles of the Second Title of the fourteenth Chapter of the First Part of tlie Revised Statutes^ relating to the Public Health. Passed April 26, 1831, p. 409. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : § 1. All vessels from any place in America, south of Cape Henlopen, and north of the equator, or from either of the West-India, Bahama, or Bermuda Islands, leaving such places at any time before the first day of July, in any year, and pro- ceeding from thence to a healthy port in Europe, and having no case of yellow, pestilential, nor infectious fever on board during the voyage, shall be allowed immediately on her return to New- York, to come to such wharf of said city as the board of health may designate, after such vessel has been subjected to such quarantine and cleansing process as the board of liealth may be of opinion the health of the city requires. § 2. All vessels arriving coastwise at the port of New- York, after the first day of September, in any years, from any port or ports of the United States, or British North America north of Cape Henlopen, and shall have remained in such port or ports for thirty days, and which vessel shall not have been in any place in America south of Cape Hen- lopen, or in the West India, Bahama, or Bermuda Islands, •since the first day of July previous, and having had no case on boardof yellow, pestilential or infectious fever or disease, since said first day of July, shall be allowed to come to the wharf in the city of New- York, if the board of health con sent thereto, after having been examined, pi'onounced healthy and permitted by said board. § 3. All such vessels as are now exempt from quarantine under the fourteenth chapter of the Revised Statutes, shall not be affected by the provisions of this act. 61^6 REGISTER— ms duties. RECORDS— Removal of. AN ACT relative to the Clerks^'Office in certain CourJies, and the removal of Public Records. Passed April 9,181?. 1 Revised Laws, p. 151, Chapter 87, Session 36. ^e^ioved\SN! ^ ^' ^^^ ^^ it further enacted. That it shall be in the power York. Qf ^\yQ person administering the government of this state, or in his absence from the city of New- York, of the common council thereof, to authorize and direct the removal of the public records of the said city to some safe place, and also in case of danger from the enemy, to authorize and direct the temporary removal of the banks, insurance companies, and other monied institutions from the said city, without pre- judice to their charter in any respect whatever ; and the di- • rectors of" said banks, insurance companies, and other monied institutions during such temporary removal, are hereby au- thorized to execute the powers and carry on the business committed to them by law. REGISTER— His Duties. Act to Reduce, ^c— 2 Revised Laws, 1813,;?. 402. Brct. 1.. Register's office established and rights and powers of register. 2. Clerk of New-York inhibited fjroni performing certain acts. 3. Register's fees, and transcripts of records, &;c. 4. Note of incumbrances to be left with register, and his duty in relatiou theroto^- 5. On discharge of incumbrances, register to enter a minute of it, 6. Register to make general and particular index. 7. Fees on searches. 8. Deputy register to be appointed, and his duties. Register's office 1. § CLIX. And he it further enacted, That all that part of the former duty of the clerk, of the city and county of New- York, which appertains and relates to the registering of mortgages, and to the. recording of deeds, conveyances and Mher writings which by law are directed, or hereafter may be directed to be registered or recorded, shall continue to be held, exercised and enjoyed by a person to be ap- pointed as is* herein after mentioned, and be called the re* gister in and for the city and county of New- York ; and REGISTER— HIS DUTIES. 607 Ihat such reo^ister shall be appointed by the person adminis- Register to be ap- " ^ ^ J i. pointed by coun- terinor the government of this state, by and with the advice c*' of appoint- ° o ^ ' •' • ment. and consent of the council of appointment, and shall have and enjoy all the rights and powers, and perform all the ^'^poweri *"** duties which were formerly perfoiTned by the clerk of the city and county of New- York, in relation to the record- ing and registering of deeds, conveyances, mortgages and other writings : Provided, however, That the present register shall continue in oflicc until another shall be appointed as aforesaid.* 2. § CLX. And be it farther enacted, That the clerk of the cierk of N.York ■* "^ inhibited from city and county of New- York, shall for ever hereafter be re- ipertbrming cer- *' -^ tain acta. lieved, restrained and precluded from doing or performing any duties or services, or any act, matter or thing whatso- ever as clerk of the city and county, so far as the same re- lates to the registering of mortgages and recording of deeds, conveyances and other writings which by law are or hereaf- ter may be directed and required to be recorded or regis- tered. 3. § CLXI. And tje it further enacted. That the said register Register's fec». may demand and receive for his emoluments, the like fees and compensations as arc notv allowed by law in similar cases to clerks of counties ; and the transcript of all records Transcriptsof re- ^ cords certified by certified by the said refrister may be read in evidence in any '•"" declared le- •''='•' •'gal evidence, court of this state, without further proof of such deed, con- veyance or other writing so recorded in the said office. 4. § CLXII. And he it farther enacted. That in all cases a note of certain where any assessment, tax, rate, charge, debt, duty or demand rcarTstate"to bS whatsoever in favor of, or payable to, the mayor, aldermen gi^stJn'^ and commonalty of the city of New- York, or to any person or persons, body politic or corporate, shall, by virtue of any act or acts of the legislature of this state, be made or in any manner become and be a mortgage, lien, charge or incum- brance upon any lands, tenements or hereditaments in the * The act incorporating the register's office was passed March 13, 18J2, 6 W. p 363; be- fore that act all thn duties now exercised by the register were performed by the clerk of the city and county of New-York. Sec the general art in relation to the " proof atid recording of conveyances of real estat« and cancelling of mortgages," 1 Rev. St. 755. By the 43d section it is made to extend to the register of the city and county of IVew-York. 88 698 REGISTER— HIS duties. said city of New- York, or any interest therein, it shall be the duty of the 'said mayor, aldermen and commonalty, or other mortgagees or incumbrahcers, to cause a note or memo- randum thereof to be made and delivered to the said regis- °" * Bote. ^"^ ^ ter for registering in his said office, which note or memoran- dum shall specify and contain therein the number of the lot or lots, and the names of the streets and wards wherein the same shall be situated, or other apt and sufficient general designation of the lands, tenements or hereditaments, which shall be subject of such mortgage, lien, charge or incum- brance, and the date of the said mortgage, lien, charge or in- cumbrance, or the time when the same accrued and became chargeable upon the said lands, tenements or hereditaments, and the name or names of the said mortgagees or incum- brancers, and also (where the same shall be known) of the owners and proprietors of the said lands, tenements or here- ditaments, with the grounds or cause of such incumbrance ; SSjttthS" ^"^ ^^ ^^^^^ ^^ ^^® ^^^^y ^^ ^^^ ^^^^ register forthwith to enter and register the said note or memorandum in suitable and proper books, to be provided and kept by him for that pur- pose, and the said register shall immediately on the delivery of every such note or memorandum to him for registry, make a minute or indorsement thereon, of the day, month and year and hour of the day when the same shall be delivered to and left with him, or in his office, for registry, and the registry thereof shall bear date corresponding with, and the same shall be considered as registered at the said time mentioned in such indorsement or minute, and no such assessment, rate, tax, charge, debt, duty or demand, shall in any case or man- ner whatsoever be or operate as a mortgage, lien, charge or incumbrance upon any lands, tenements or hereditaments, or any interest therein, so as to defeat, prejudice, or affect the title or interest of any bona fide purchaser or mortgagee of the same, unless the said note or memorandum of such mort- gage, lien, charge or incumbrance shall have been duly regis- tered as aforesaid, and the said register shall be entitled unto, and shall receive for registering every such note or memo- randum from the person who shall deliver the same to him Fees for register- for re^istrv, the sum of twxnty-five cents: Provided, That ing same. o J ' -' ■, r it shall not be necessary for any note or memorandum of any judgment, order or decree of any court of law or equity to be registered in the said office. REGIS GISTER— HIS DUTIES. 699 5. § CLXIII. And he it further enacted, That whenever any such assessment, rate, tax, charge, debt, duty or demand shall be satisfied or discharged, and a certificate signed by the incumbrancers, their successors, executors, administra- tors or assigns, or any person by them thereunto authorized, bmnce bei"ngdis- and proved and acknowledged in the manner by law required ?o enwJ'a mmute for the acknowledgment or proof of deeds, shall be produced ^^^'^^^°^- to the said register, such register shall enter into the said book of registry a minute of such discharge and certificate, which minute shall be deemed and taken to be a full and ab- solute bar to the first entry of such note or memorandum of such assessment, rate, tax, charge, debt, duty or demand ; but it shall not be necessary for the said register, on ente'ring such minute, or registering any such note or memorandum aforesaid, to record or register the same, or any certificate of the proof or acknowledgment thereof, at length or more fully than herein before is directed ; and the said register shall be entitled to demand and receive from the person pro- ducing such certificate of discharge for entering such minute thereof, the sum of twenty-five cents. 6. § CLXIV. And he it further enacted, That the said re- Register to make 111/'' r index to oach ffister shall make an nidex to each book oi registry of mort- book of .egistry; 1 • 1 II 1 • 1 11 1 and a general in- gages and mcumbrances, and also a general index to all the doxtoaiiofthem said books of registry of mortgages and incumbrances, and shall from day to day, and time to time, as the said mortgages and incumbrances shall be registered or entered as aforesaid, make an entry in the index of the books wherein the same shall be registered or entered, and also in the said general index of the name and names of each and every mortgagor, debtor and owner or proprietor of land, mortgagee, incum- brancer and party named in such mortgage, or in such note or memorandum of assessment, rate, tax, charge, debt, duty or demand, so to be registered or.entered as aforesaid, arrang- ed alphabetically under the initial letters of the name of eacfi and every mortgagor, debtor, owner or proprietor of land, mortgagee, incumbrancer and party named therein, with pro- per references in the said general index to the book of regis- try, wherein the said mortgages and incumbrances shall be entered or registered, to which books of registry and indexes all persons shall have free access for search at all reasona- ble times during the day time, and which the said register shall be bound to exhibit to those who wish to search. 700 REGISTER, &c. to appoint a deput\'. ^larJhes!" '^' § CLXV. And he it further enacted, That the fees of the said register, for searches for deeds and conveyances, or for mortgages and incumbrances, shall be the same as are now, or as may hereafter be allowed and provided for by law for the like services, but that no additional charge shall be made for such indexes, as are herein directed to be made by the said register. CHAP. LVIII. AN * ACT requiring the Register of the City and County of New-York to appoint a Deputy, and concerning Vacancies in said Office, and in the Offices of Sheriffs and Clerks of Counties. Passed February 26, 1830, p. 64. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Deputy register. 8. § 1. It shall be the duty of the register in and for the city and county of New- York, to appoint some proper per- son deputy register of the said city and county, during the pleasure of the said register ; and as often as such deputy register shall die, or be removed from office, or remove out of the said city and county, or become incapable of execut- ing the office, another shall be appointed in his place, by writing, under the hand and seal of the register ; and every such deputation or appointment shall be recorded in the office of the clerk of the said city and county of New- York ; which said deputy register shall, in case of the death of the said register, perform all the duties, and receive the emolu- ments, appertaining to the said office of register, and be sub- ject to the same penalties that the register of said city and county would be liable to if living, until a new register be appointed and duly sworn. Power of gover- § 2. The powcr vestcd in the'^'governor of this state, bv nor to fill vacan- , „ . , . r- • i • i r' i r- ^ i i r^ ," cies. the forty-ninth section ol title sixth of the hfth chapter of the first part of the Revised Statutes, in relation to vacancies in office, is hereby extended to all cases of vacancies in the offices therein specified, where the vacancy shall arise from the death of the incumbent ; and the person so to be appoint- RELIGIOUS MEETINGS— DISTURBANCE of. 701 ed, shall possess all the rights and powers, and bs subject to all the duties and responsibilities, provided for and declar- ed in said section. § 3. The preceding section shall not affect the power now ^^^cSs*"*^ vested by law in any sheriff or clerk of any county, to ap- point under sheriffs or deputies, nor the powers of said under sheriffs or deputies, as now declared by law. RELIGIOUS MEETINGS— Disturbance of. Revised Statutes, Vol. ] , p. 674. ARTICLE SEVENTH. OF THE DISTURBANCE OF RELIGIOUS MEETINGS. Sect. G4. Prohibition of certain acts, disturbing meetings for religious worsliip. 65. Penalty; proceedings to collect ; summary conviction. C6. Duty of peace officers to apprcliend otlenuers against tliis Article, fi". Judicial otficers may order otl't iidors into custody. C8. Proceedings on conviction, if penalty be not paid or secured. § 64. No person shall wilfully disturb, interrupt or disquiet Meetings for re- any assennblage of people nriet for religious worship, by pro- not'lo'L^distS fane discourse, by rude and indecent behaviour, or by mak- ^*^' ing a noise cither within the place of worship, or so near it as to disturb the order and solemnity of the meeting; nor Liquor not to be shall any person within two miles of the place where any re- ligious society shall be actually assembled for religious worship, expose to sale or gift, any ardent or distilled liquors, or keep open any huckster-shop in any other place, inn, store or grocery, than such as shall have been duly licensed, and in which such person shall have usually resided or carried on business ; nor shall any person within the distance aforesaid, shows, &c. not 1 1 1 1 1111 . to be exhibited ; exhibit any shows or plays, unless the same shall have been duly licensed by the proper authority ; nor shall any person nor racing or within the distance aforesaid, promote, aid, or b.e engaged in any racing of any animals, or in any gaming of any de- scription ; nor shall any person obstruct the free passage of "J:'"^"^" any highway to any place of public worship, within the dis tance aforesaid. (91) (91) 2 R. L. p. 194, sect. 4 ; and Laws of 1824, p. 374. gaming. not to be obstructed. 702 RELIGIOUS MEETINGS— disturbance of. Penalty. ^ 65. Whocver shall violate either of the provisions of the Proceedings to foregoiiig sectioii, may be convicted summarily before any collect. justice of the peace of the county, or any mayor, recorder, aldermen or other magistrate of any city, where the offence shall be committed, and on such conviction, shall forfeit a sum not exceeding twenty-five dollars, for the benefit of the poor of the county. (91) Offenders to be § 66. It shall be the duty of all sheriffs, and their deputies, peace officers coroncrs, marshals, constables, and other peace officers, who present. may be present at the meeting of an assembly for religious worship, which shall be interrupted or disturbed in the man- ner herein prohibited, to apprehend the ofiender, and take him before some justice of the peace, or other magistrate authorized to convict as aforesaid, to be proceeded against according to law. (92) Maybe ordered ^ Q'j^ ^\\ iudffcs, mavors, rccordcrs, aldermen, and justices of into custody by ' J & ' ./ ' ' ' j judicial officers, the pcacc, witliiu their respective jurisdictions, upon their own view of any person offending against the provisions of this Article, may order the offender into the custody of any officer in the preceding section named, or of any official member of the church or society so assembled and disturbed, for safe keeping until he shall be let to bail, or a trial for such offence be had. (92) Proceedings if § 08. If any pcrsoH convicted of any of the oflences herein Jaid Jrsecurcd" prohibited, shall not immediately pay the penalty incurred, with the costs of the conviction, or give security to the satis- faction of the officer before whom the conviction shall be had, for the payment of the said penalty and costs within twenty days thereafter, he shall be committed by w^arrant to the com- mon jail of the county, until the same be paid, or for such term, not exceeding thirty daj^s, as shall be specified in the warrant. (92) (91) 2 R. L. p. 194, sect. 4 ; and Laws of 1824, p. 374. (92) 1 R. L. p. 194. sect. 4 ; and Laws of 1824, p. 374. ROADS— PUBLIC. 703 ROADS—Public. [Thirttj'Sixth Session— Vol. 2, p. 423.] CHAP. LXXXVI. AN ACT to reduce, Sf^c— Passed April 9, 1813. REGULATION AND REPAIR OF PUBLIC ROADS.* Sect. 1. Common council appointed commissioners of high\va3's. 2. Authorized to build bridges and causeways, and make ditches. 3. Penalty for injuring and obstructing roads, how recovered. 4. Overseers to remove nuisances and obstructions. 5. Penally for destroying trees in and near roads. 1. § CXCIII. And he it further enacted, That the mayor, ^^J^XY^cSm' aldermen and commonalty of the city of New- York, in com- i^^^^^^t!^ ""^ mon council convened, and their successors, shall continue to be commissioners to regulate and keep in repair the pre- sent roads or highways, and to regulate and keep in repair such other public roads or highways, as shall hereafter be laid out or opened in the said city and county. * The city of New-York being surrounded on all sides by water, but little atten- tion has heretofore been paid to its public roads, at least in comparison to their impor- tance. By a reference to the statute book but very few provisions are to be found in relation to them. They have been made, not perhaps with the best materials, nor has the work been done in the best manner. The principal street in the city is a witness of tlie imperfection of the sysfem of road making, prevailing here, where ample materials can be procured, and the character of the ground is well adapted to making a solid and permanent road. Its continued dilapidated statr^ and the occasion of its frequent repairs would seem to uidicatc the necessity of some improvements in the s\ stem. As the attention of the public has within a year or tvvo [>a9l been directed to this •ubjcct, and as several roads and avenues leading to the city, are now being improved and openedt and as large sums of money have be en appropriated to complete them, the following remarks frcm the New Edinburgh Encyclopedia, No. 31, p. .'^50, ia deemed not inappropriate; "The chausee or paved road, is so universal on the continent, and the proper gravel road so common to the southern districts of England, that foreigners, from the gmoothnei-3 of the Brit'sh roads, give the general appellation of gravel road?,- even to those that are made with small broken stones. The use of small gravel from the sea beach upon pablic roads can hardly be considered suitable, as they seldoni bind or form a compact road like broken metal, which has a number of rough sides and angular points to connect it. Gravel answers very well upon side compartments between the metal bed and lateral drain.", and also for foot paths; but should not be ased for the central parts, unless it be laid nine or ten inches in depth, and of a site which will barely pass through a ring of about one inch in diameter. If it be of a larger size it should be reduced by the hammer, and then it makes a most excellent road. In mountainous districts, a peculiar description of road metal is sometimes found, which is technically termed wwuniain gravel. It occurs along with minute 704 ROADS— PUBLIC. Authofized to 2. § CXCIV. And be it further enacted, That it shall and build bridges and ^ -^ causeways, and ixiay be lawful to and for the said commissioners to cause to make ditches. -^ be made, built and erected such and so many causeways and bridges, and at such places as they shall think necessary, and to cause ditches from such public roads or highways to be made and cut through any person's land where they shall judge proper for conveying the water from and keeping the same roads or highways dry and in good order, and from time to time to appoint one or more surveyors or overseers of the said roads or highways, and to employ labourers and workmen to make and keep the same in repair. portions of earthy or clayey particles, which have the property of binding the whole together, and roakes en excellent smooth road for light carriages. In the selection of road melal, we should alwa^'s give a preference to the several varieties of green Stone. The best kind of these are less friable than granite when broken into small pieces. There is, however, no rule without exceptions, and it is often necessafy, for want of better materials, to use sandstone, common limestone and chalk, even in districts where there is a great deal of traffic ; in som3 instances where coal is abun- dant, sandstone is reduced to a vitreous mass, in kiln«, erected by the road side; but all such road metal is no'.v usedj-ery sparingly in the formation of modern roads, and confined chiefly to the bridle tracks. The distribuion of road melal may be con- sidered as partial and irregular. Throughout Scotland, and even as far south as the approaching sources of the rivers Tees and Ribble, good road metal \a generally to be met with, containing the numerous varieties of granite, greenstone, balast, por- phyry and limestone. South of this boundary, as far as the Trent and the Dee, in Cheshire, the formation is chiefly coalj sandstone, and the softer varieties of limestone. In the southern counties chalk and gravpl soils chiefly occur, affording flint and gravel, both of which, under proper management, make excellent roads. In North- and South Wales, we have all the vareties of road metal which are common to Scotland. In Ireland they have excellent road material?> as granite and limestone are pretty generally distributed. Notwithstanding the improved state of our roads, and that every pains is taken to obtain the best road metal, yet it is impossible to preserve a smooth surface with broken metal, excepting at a great expense. It is quite astonishing in how short a period our best roads get into disrepair. Where there is much tralfic, it requires constant unwearied attention to keep them in good order; and the waste of materials is almost incredible. Of this everyone may satisfy himself even from the quantity of clayey stuff which is occasionally raked off the roads in wet weather, or blown away in a state of dust in dry weather. Indeed, we hesitate not to express our tears that broken metal will be found unsuitable for the thoroughfare of great towns. We have observed where this has been tried, in some instances, in England and South Wales, that the inhabitants complain of having " all the dust of summer and all the dirt of winter." From the difficulty and expense in keeping causeways and streets in a tolerably good state of repair, together with the jolting and jarring noise which attends them, the public has long been in qne«t of a smooth and durable city road. Even cast iron plates, in the fcrm of causeway, have been tried. The small metal system is also in the act of being tried on several of the streets of London, but as yet experi- ence does not enable us to say with what effcl. In London, Dublin, Edinburgh, and other large towns, the streets are generally paved with granite or greenstone- ^ This description of paving is properly of two kinds, the one termed ruble causeway in which the stones receive a very partial chipping or hammer-dressing from the paver. The other, termed aisler causeway, is more carefully dressed. The stones ROADS— PUBLIC. 705 S. § CXCV. And be it further enacted, That if any person or j„^,^;^'^Jo£u«c; ^oersons shall wantonty spoil or damage any such roads, '^'"2 roads, bridges or causeways, or fill up or destroy any of the ditches aforesaid, or fence across any of the said rOads or highways, or erect or set up any gates thereon, or put or leave in any are also of a larger size, varying from five (o seven Inches in ihickness, from eight to twelve inches in length, and about a fool in depth. The late introduction of this de- scription of causeway, was considered at the time to be the perfection of this kind df road. But nehvilhstanding many precautions to the contrary, ali dressed cause- way stones are formed with ihe lower end, or that which is set on the ground, some- what smaller than the upper surface. The consequence is, that they too often only touch at or near the top, and when a pressure comes upon one eftd of a stone sO leid, it is apt lo sink, while the other end is proporlionajly raised, and in this man- ner the causeway becomes dislocated, and gels into numerous hollows. This opera- tion is still more rapid in the ruble causeway, which consists chiefly ef small angu- lar pieces of a variety of forms which more easily eive place to the pressure of a carriage wheel than the boulder or rounder stones, of which the Romans made general use, and which are still applied to streets both in England and Ireland. These stones, having a broad seat or bed, are not easily misplaced, though they make a very rougri, noisy, and unpleasant path. Perhaps the finest specimens of the aisler causeway to be met with in the United King- dom, are those of the Commercial Road to London, Great Sackville street, in Dub- lin, and Leith Walk of Edinburgh. The traffic upon the whole of these streets is gre"at. The latter forms almost the only thoroughfare to the port of Ecfinbiirgh. It is regulated by a special trust, and its toll is generally rented at about 5000/. per annum. The cau5e\7ay of Leith W^alk is nearly two m/lts in length, its breadth between the curb stones, -which line off a spacious foot path on both sides may be taken at the average breadth of fifty-seven feet. Khe stones of which it is paved are of a cubical form, of the largest dimensions of aisler causeway, laid upon a bed of sharp sea sand, free of earthy particles, measuring twelve inches in depth. It is now fourteen or fifteen years since Leith Walk was converted from a very bad common road into a spacious causeway, and although its stsrface now exhibits many inequalities, yet it has continued during that comparatively long period, and may continue as long without requiring any consideral)le repair^ Now, if we compare this with the continual repair to which all metal roads, with a traffic similar to that of Leith Walk are incident, we presume that the metal would require to be renewed at least every thir«l year. It must, there* fore, have cost upon the whole, a much greater expense than causeway, indepen- dently of the inconvenience which attends frequent operations of this kind upon such a thoroughfare, and its annoyance from dust, &c. If, therefore, we can suggest a system of road making which shall secure to us all the advantages of a smooth and uniform railway, with the ultimate economy of the aisler causeway, we conceive that much shall have been gained towards the facility of carriage, and the comfort of travelling. This we are to eflect by laying stone tracks, if not throughout the whole extent of certain principal roads, at least upon all the acclivities. These undulations oblige the carrier to modify his load, perhaps to one half of what he could take upon a h-vel road. If, in the same manner, the streets of towns and villages situate on the highway were laid in this manner, the traveller would pass smoothly along at his ease, instead of the thundering noise and jolting motion so irksome to himself, and dangerous and annoying to the respective inhabitants. Nothing is more common than the expre.«sion, *' Now we have got ofT the stones we shall be safe and comfortable." The writer of this article rf?marks in proof of this, that in the course of his numerous journeys, he has been thrice In a rariiage broken down, and upon one of these occasions he was passing along a ciiy road. 89 • 706 ROADS--PUBUC, - of them any unnecessary obstruction without leave of the said commissioners, or if any person or persons shall leave a dead horse or the carcass of kny other beast, or any bro- ken carriage in any of the said roads or highways for any longer time than may be necessary to remove the same, or set up in or near the said roads or highways any thing by which horses are usually affrighted, or shall by any improper behaviour, affright any horse or traveller, on any of the same roads or highways, every such person shall, for every such offence, forfeit and pay to the treasurer or chamberlain of the said city for the time being, the sum of and 'appS! hvc dollars lawful money of this stat6, to be recovered by the same treasurer or chamberlain, with costs of suit, by ac- tion of debt, before any court having cognizance thereof, and when recovered, to be applied to the repairing and improv- ing the said roads or highways as the said commissioners shall think fit : And to prevent as far as possible the evasion of the good purposes intended by this act, that the owners of every dead horse or other nuisance aforesaid, left in any of the said public roads or highways, shall be deemed to have put or left the same thereon, unless he or she prove the contrary. Overseers lo re- move nuisances and obstructions. 4. § CXCVI. And be it further enacted^ That on informa- tion being given by any person whomsoever, to the overseer or overseers of the said roads or highways of any of the said nuisances or obstructions, he shall immediately proceed to the removing thereof, and shall also use his best endeavors to discover the person or persons who committed the same, who upon discovery, shall not only be liable to the penalties herein before appointed, but also to the costs of removing them, and a reasonable compensation to such overseer or overseers, for his or their time or trouble therein, to be re- covered by such overseer or overseers, with costs of suit, be- fore any court having cognizance thereof as aforesaid : And farther. That every overseer who shall neglect or refuse to do his duty according to the true intent and meaning of this act, shall, for every such neglect or refusal, forfeit and pay to the treasurer or chamberlain of the said city for the time being, the sum of twelve dollars and fifty cents lawful money, for every offence, to be recovered with costs of suit, and paid and applied a^ is directed in and by the last preceding section of this act. SALARIES AND FEES. 707 5. 5 CXCVII. And he it further enacted. That in case any gSg^tl^es'^in person or persons shall fell or otherwise destroy any tree or or near roads, trees, standing on any of the said roads, or within the distance of one rod thereof, without the leave of the mayor, alder- men and commonalty, or of the owner of such tree or trees, such person or persons shall, for every such offence, forfeit the sum of seven dollars and fifty cents, to be recovered, paid and applied as last aforesaid. SALARIES AIVD FEES. Revised Statutes, Vol. 1, p. 83. Sect. 1. Compensation of District Attorney. 2. Fees of First Judge. 3. Fees of Recorder. 4. Fees of Circuit Judge. 5. Salary of Recorder. 1. § 95. The district attorney of the city and county of New- compengRtion. York shall receive for his services an annual salary, not less than two thousand five hundred dollars, and not exceeding three thousand five hundred dollars, to be fixed and paid by the common council of that city; and the district attornies of all the other counties in the state, shall be paid for their services in conducting criminal prosecutions, by their respec- tive counties, upon their accounts duly taxed by some officer authorized to tax bills of costs in the supreme court, accord- ing to the rates allowed by law. (49) Revised Statutes, Vol. 2, p. 634. IN COURTS OF COMMON PLEAS AND MAYOr's COURTS. 2. § 23. Fees to the First Judge. nrs't7Jd"e"s^fe2 For signing a license to practice as an attorney or coun- sellor, one dollar. To the first judge of the court of common pleas of the city and county of New- York, seventy-five cents for the first motion in any cause, to be paid on issuing the W]it.(28) M9) Laws of 1818, p. 307, section C ; 1821, p. 91. (28) Laws of 1821, p. 65, ^ 16. 708i Recorder's feess. • SHERIFF. 3. § 24. To the Recorder in the several Mayors Courts. For the first motion in every cause, seventy-five cents, to» be paid on issuing the writ. Fees of circuit judges. Lrws of 1832, p. 188. 4. § 6. The circuit court judges shall be allowed the fol- lowing fees for their services under this act : 1. For hearing every argument upon any matter hereby committed to his jurisdiction, three dollars, to be paid on no- ticing the motion, by the party giving such notice ; and to be taxed and recovered with his taxable costs, if costs shall be recovered : 2. That the trial fee now allowed the circuit judge for the first circuit, be increased to two dollars and fifty cents ; and shall be paid to the clerk of the court when the cause is no- ticed for trial, and before it is put upon the calendar ; but no- more than two trial fees shall be allowed in any one cause : Laws 0/1821, Vol. 5, jo. 64, Section 9. Salary to recor- der^ 5. § IV. And he it further enacted. That the mayor, -alder- men and commonalty of the city of New- York, shall pay out of the treasury of the said city, to the recorder of the said city, for the time being, for his services, the sum of not less than fifteen hundred dollars, nor more than two thousand five hundred dollars, at their discretion, annually, to be.paiA quarter yearly, in equal proportions. SHERIFF. Remsed Statutes, Vol. l^p. 378. Sect. 1. Sheriff to give bond and its form. 2. Amount of penalty. 3. Filing bond and oath of sureties. 4. Sheriff to renew security annually. 5. How chosen and tenure of office. SheriflT to give Iwnd^. 1. § 67. Every person hereafter elected to the ofl^ce of sheriff of any county within this state, shall, within twenty days after he shall receive notice of his election, and before he shall enter upon the execution of the duties of his oflice. 709 Its fornu SHERIFF. execute with sureties, who shall be freeholders, a joint and several bond to the people of this state ; the condition of which bond shall be in the form and to the effect following, to wit : " Whereas the aly)ve bounden hath been elected to the office of sheriff of at the general election held therein, [or * at a special election held therein,'] on the day of . Now, therefore, the condition of the above obligation is such, that if the said shall w^ell and faithfully in all things perform and execute the office of sheriff of the said county of during his continuance in the said office by virtue of the said elec- tion, without fraud, deceit or oppression, then the above ob- lif]ration to be void, or else to remain in full force. 2. § 68. The bond to be executed by the sheriff of the city ^naity. and county of New- York, shall be in the penal sum of twen- ty thousand dollars, with two sureties : and the bond to be executed by the sheriff of every other county in fhis state, shall be in the penal sum of ten thousand dollars, with two or more sureties. 3. § 69. Every such bond shall be filed in the clerk's office of the county for which the sheriff executing it shall have been elected ; and the clerk shall, at the time of filing the same administer an oath to each of the sureties named therein, that he is a freeholder within this state, and worth, if in the city and county of New- York, the sum of twenty thousand dollars, and if in any other county, such sum as shall be pro- portionate to the number of sureties bound in such bond, and the amount of the bond required in such county, over and above all debts whatsoever owing by him ; w^hich oath shall be endorsed on the bond, and subscribed by each of the sureties in the presence of the clerk, who shall, notwithstand- ing, judge of and determine the competency of such sure- ties. Filing of bond ; oath of surctieii. 4. § 70. It shall be the duty of every sheriff, within twenty sheriff to renew '•^ security annually days after the nrst Monday of January in each year, subse- quent to that in which he shall have entered on the duties of his office, to renew the security required to be given by him before entering on the duties of his office ; which renewed 710 STATE PRISON AND PENITENTIARY. security shall be in the same amount, and be given in the same manner, and be subject in all respects to the same regulations, as the original security required from such sheriff. State Prison and Penitentiary in the City or Mew-York. CHAP. CXCVII. Sect. 1. Commissioners autliorized to contract with the corporation of New-York, in rela- tion to employment of female convicts. 2. Male convicts to be removed. 3. Inventory of personal property at the old state prison. 4. Payment of commissioners. 5. Imprisonment of female convicts. 6. Appropriation for transportation, &c. 7. New-York penitentiary. 8. Rules and regulations for the government of female convicts. AN ACT i^especting the State Prison, and concerning the Penitentiary in the City of New-York. P?ssed April 12, 1828, p. 242. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : Female convicts. 1.§1. Thc commissioncrs appointed in and by the Act, entitled " An Act authorizing thc erection of a state prison in the first or second senate district of this state, and for other purposes," arc hereby empowered to contract, in behalf of the state, with thc corporation of the city of New- York, for the support, confinement, government, and employment of the female state convicts, now at the prison or hereafter to be confined in the prison at Greenwich, in the said city. Male convicts to 2. ^ 2. After such coutract shall have been concluded, the be removed. * commissioners shall, as soon as practicable, cause all the male convicts in said prison to be removed to the new prison at Mount Pleasant, and give possession of the old prison to said corporation ; at which time the amount of the purchase money for the said prison shall be payable. Inventory. 3. § 3. The Commissioners shall cause all the personal pro- perty at the old prison, belonging to the state, to be inven- toried and appraised ; and such articles as they may deem STATE PRISON AND PENITENTIARY. 711 necessary for the use of the Mount Pleasant prison, they shall cause to be sent thereto. The residue they shall sell either at private or public sale, and pay the avails thereof into the treasury. 4. § 4. The commissioners shall be allowed for their ser- Pay?<"commi8- •" sioners. vices and expenses, the same compensation as is allowed to them under the above recited act. 6. § 5. This section is repealed by the Repealing Act of December 10, 1828, 3 Vol. (R. S.) p. 129. 6. § 6. The treasurer shall pay to the commissioners such Appropriation, sums of money as they may require for the transportation and support of the convicts to be sent to Mount Pleasant, and for the support of the female convicts in New- York, not exceeding thirty thousand dollars, at such times as the same may be wanted, in sums not exceeding five thousand dollars, and the expenditures thereof to be accounted for before any lurther sums shall be advanced. The seventh and eighth sections are inapplicable. 7. 5 0. The mayor, aldermen and commonalty of the city New-York Pc- of New- York, in common council convened, may, from time '^"*^""^'^' to time, and whenever they shall deem it expedient so to do, by a resolution or order in common council, designate such place or places as they may think proper, within the said city, to be the penitentiary or bridewell of the city of New- York, and to cause all the prisoners then in confinement in the penitentiary of said city, to bp removed thereto, and from and after the passing of such resolution or order, all laws existing in relation to the penitentiary of the city of New- York, shall apply to the place or places so designated as aforesaid. 8. § 10. Such female convicts if kept by said corporation Rui^sfortJiei-e- undcr contract to be made by virtue of this act shall be con- vernmJnt'^ of re- fined and governed in accordance with the same laws, rules, and regulations by which they arc now kept. 712 STEAM FERRY BOATS. STEAM FJERRY BOATS. {Thirty -Seventh Session — Vol 3, h.p. 30.] CHAP. XXIX. Sect. 1. Rates of ferriage at the southernmost ferry at New-York to Brooklyn. 2. Inhabitants of the island may compound for ferriage. 3. Ferry subject to the act of April 9, 1813. 4. Certain powers granted to the corporation of New-York. AN ACT for tlie encouragement of Steam Ferry Boats between the southernmost ferry of the City of New-York and the old ferry at Brooldyn, on the Island of Nassau. Passed March 4, 1814. ' L ftecitai. Whereas the mayor, aldermen and commonalty of the city of New- York, in common council convened, have, by their memorial to the legislature, represented that they have recently entered into a contract with William Cutting and Robert Fulton, esquires, in consequence of which they anti- cipate that one or more steam ferry boats will be in actual operation upon the southernmost ferry from the said city to the old ferry, at Brooklyn, on Nassau Island, by the first day of May next, but that the said William Cutting and Ro- bert Fulton have entered into this contract under the expec- tation and belief, that the legislature will permit the rates of ferriage, on'passengers, across the said ferry, to be increased : and the said memorialists have, in and by their said memo- rial, prayed that the said permission should be granted, and that the common council of the said city should be authoriz- ed to pass such ordinance or ordinances as may be proper to prevent ships and other vessels from interrupting the said steam boats in their passage across the said ferry : And whereas the encouragement of steam ferry boats is highly important to the community, and merits the patronage of the legislature : Therefore, Hates of ferriage. 1. § 1. Beit enacted by the people of the State of New-York, represented in Senate and Assembly, That the rates or prices for carrying persons and articles hereinafter particularly specified and enumerated, from the southernmost ferry from the said city of New- York to the old ferry at Brooklyn, on the Island of Nassau, and from the said old ferry at Brook- STEAM FERRY BOATS. 713 lyn to the said city of New- York in a steam ferry boat, shall be as follows, that is to say, for each and every person who may choose to pass in a steam ferry boat, across the said fer- ry from the said city to Brooklyn, aforesaid, or from Brook- lyn to the said city, the sum of four cents ; for each and every wagon, cart or sleigh, loaded or empty, drawn by not more than two horses, mules or oxen, the driver included, thirty-seven and a half cents ; for each and every wagon, cart or sleigh, drawn by not more than one horse, mule or ox, when loaded, the driver included, twenty-five cents, and When empty, eighteen cents ; for each and every milk cart or sleigh, carrying not more than four kettles of milk, full or empty, the driver or drivers included, drawn by not more than one horse or mule, eighteen cents : Provided always^ That every wagon or cart, loaded with hay or straw, the driver included, and drawn by not more than two horses, mules or oxen, shall be rated at fifty cents, any law to the contrary notwithstanding. Proviso. 2. § II. And be it further enacted, That it shall be lawful tlfetSdinay^ for any of the present or future residents or inhabitants of ferT/age"'^ ^"^ the said Island of Nassau, to compound by the year with the lessee Br lessees of the said ferry, or his or their agent, for the sum of ten dollars per annum, and in the same propor- tion for eight months for each person so compounding for the privileges of passing across the said ferry in steam boats, common barges and sail boats : and if they or either of them shall refuse or neglect to compound with any of the residents or inhabitants as aforesaid, on his or their application in writing, delivered in person, or left at the place of residence of the said lessee or lessees, or his or their agent, the party aggrieved, after the expiration of ten days, shall and may recover the sum of twenty dollars, to and for his or her own use, with costs of suit, from the said lessee or lessees, of his or their agent, or from the person or persons taking fer- riage at the said ferry, in any court having cognizance of the same. 3. § III. And be it further enacted, That the sail boat and Fony snhjpct common barge establishment, shall be conducted andcontinu- o.jS. v. N^!fc PenQlty. VV. r 1 W cd ao:reeably to the directions and provisions of the act, en- s^p 00 I, 35; 714 STREETS— CLOSING of. titled " An act to reduce several laws relating particularly (a the city of New- York into one, act," passed April 9th, 1813 ; and that every article carried across the said ferry in the said steam ferry boats which is not carried in wagons, carts, or sleighs, shall, if not otFierwise exempted, be charged such rates and prices as are specified in and by the said act, any thing herein to the contrary notwithstanding. Certain powers 4. § JY. And he it fuHher enacted. That the mayor, alder- granted to the "^ *^ , 1 1 IT «orporaiionofx\. men and commonalty, m common council convened, shall York. have power and authority to make and pass such by-laws, or" ordinances, as to them shall from time to time, seem meet and proper, to restrain and prohibit the mooring or anchoring of any ships, or other vessels, at such place or places as wil) crowd or interfere with the steam ferry boat or boats, m their passage across the East River, from the said city of New- York to Brooklyn, aforesaid, and from Brooklyn to the said city, and to impose such reasonable fines and penalties upon the owner, consignee, master, pilot, or other person having charge of such ships or other vessels, respectively,^ for the violation of the said by-laws or ordinances, as by them shall be deemed proper. STREETS"Closin^ of. Bbct. 1. CommisBionerff to be appointed'; oath, estimate, and report of. 2. Power of the Supreme Court in the premises. 3. Transcript of estimate where to be deposited, and'notice published. 4. Corporation to pay the amount assessed, aud proceedings in case of neglect> 5. Provision where owners are minors. 6. Vacancies in commissions how filled, and power of surviving eommiissionerr 7. Two of the commissioners may act. 8. Compensation to commissioners. 9. Proceedings to lay out, open, or close any street, &c, 10. Duty and proceedings ot commissioners in such cases. li. Damages when and how deducted from the benefit. 12. Covenants between landlords and tenants when discharged'. CHAP. CCXIII. N ACT authorizing the Mai/or, Aldermen and Commonalty of the City of New-York, to dose Streets and Roads. Passed April 20, 1818, p. 201. Whereas the mayor, and aldermen of the city of New- York, have by their memorial represented to the legislature^ STREETS— CLOSING of. Ili that there are within the said city roads, streets, lanes and alleys, and parts of streets, roads, lanes and alleys, which might be closed without detriment to the public, and that they are willing to pay to individuals all the damages which they may sustain in consequence of closing the same : there- fore, I. Be it enacted by the People of the state of New- York, repre- Proceedings re- sented in Senate and Assembh/, That it shall be lawful for the 'v^^^i *"*• ''** -^^ closed; mayor, aldermen and commonalty of the city of New- York, from time to time, whenever they shall judge proper, to cause application to be made to the supreme court of judicature of this state, for the appointment of commissioners for the pur- pose of performing the duties hereinafter prescribed ; and upon such application it shall be lawful for the said court to whom such application shall be made, to nominate and ap- point three discreet and disinterested persons, commissioners of estimate, for the purpose of performing the duties lierein- after prescribed; which said commissioners, before they en- tfj^^^n'oat" ter upon the performance of the duties of their appointment, shall severally take and subscribe an oath oraflirmation before some person authorized by law to administer an oath, "faith- fully to perform the trust and duties required of them by this act," which oath or affirmation shall be filed in the clerk's office of tlie city of New- York ; and it shall be the duty of Tomakemt -^ " estimate. the said commissioners, as soon as conveniently may be after their appointment, to make a just and true estimate of the loss and damage to the respective owners, lessees, parties, and persons respectively entitled unto, or interested in, any lands, tenements, hereditaments or premises, by or in conse- quence of closing any road, street, lane or alley, or any part of any road, street, lane or alley, and converting the same to the use of the said mayor, aldermen and commonalty, and to report thereon to the said supreme court of judicature And report the without unnecessary delay, and in the said report the com- premecourt.with missioners who shall make the same shall set forth the names terms or such re- of the respective owners, lessees, parties and persons afore- said entitled unto, or interested in the lands, tenements, here- ditaments and premises aforesaid, and each and every part and parcel thereof, as far forth as the same shall be ascer- tained by them, and an apt and sufficient designation or description of the same; but in each and every case and cases, when the owners and parties interested, or 716 STREETS— CLOSING or. their respective estates and interests, are unknown or not fully known to the said commissioners, it shall be sufficient for them to estimate and set fotth and state in their said re- port in general terms, the respective sums to be allow^ed and paid to the ow^iers and proprietors generally, of such lands, tenements, hereditaments and premises, for the loss and da- mage to such owners, proprietors and parties interested, in respect to the whole estate and interest of w^homsoever may be entitled unto, or interested, in the same, by and in conse- quence of closing any such road, street, lane or alley, or any ' part of any road, street, lane or alley, without specifying the names or the estates or interests of such owners, proprietors and parties interested, or any of them, in the premises afore- p^emf coin 7n Said ; and upon the coming in of said report, signed by the said the premises. commissioners, or any two of them, the said court shall, by rule or order, after hearing any matter which may be alleg- ed against the same, either confirm the said report or refer the same to the same commissioners for revisal and correc- tion, or to new commissioners to be appointed by the said court, to reconsider the subject matter thereof; and the said commissioners to whom the said report shall be so referred, shall return the said report corrected and revised, or a new report to be made by them in the premises, to the said court, without unnecessary delay ; and the same on being so re- turned, shall be confirmed, or again referred by the said court, in manner aforesaid, as right and justice shall require, and so from time to time, until a report shall be made or returned in the premises, which the said court shall confirm, and such report when so confirmed, by the said court, shall be final and conclusive, as well upon the said mayor, aldermen and commonalty of the city of New- York, as upon the owners, lessees, and persons and parties interested in, and entitled unto, the lands, tenements, hereditaments and premises, men- tioned in the said report, and also upon all other persons whomsoever, and on such final confirmation of such report When corpora- by the Said' court, the ipayor, aldermen and commonaltv of tion deemed vest- •' ^ -1-r -ir i i n i i i • i ■ " r ed or the road, the citv of Ncw- 1 ork, shall become, and be seized m ice &c. "^ simple, absolute, of all such roads, streets, lanes and alleys, or parts of such roads, streets, lanes or alleys, as they may pray to have closed in the application which they may make as aforesaid : And thereapo7i, the said mayor, aldermen and commonalty, or any person or persons acting under their STREETS— CLOSING of. 717 authority, may at any time or times thereafter, take the sole and exclusive possession of the same. 3. 5 II. And be it further enacted, That the said commis- tiSiIaJe'wheTe'^ sioners of estimate, to be appointed under and by virtue of K'^'^p"^"*^'*- this act, after completing their said estimate, and at least fourteen days before they make their report to the said court, shall deposit a true copy or transcript of such estimate, ia the clerk's office in the city of New- York, for the inspection of whomsoever it may concern, and shall give notice by ad- vertisements, to be published in at least two of the public And notice to be 1 . 1 • 1 • /- -XX -\^ 1 r 1 published, and newspapers, prmted m the said city oi Aew-iork, oi the how. said deposit thereof in the said office, and of the day on which their report will be presented to the said court, and any person and persons, w^hose rights may be affi^cted there- by, and who shall object to the same, or any part thereof, may within ten days after the first publication of the said notice, state his, her, or their objections to the same in writ- ing, to the said commissioners, and the said commissioners, or such of them as shall make such estimate, in case any ob- jections shall be made to the same, and stated in writing as aforesaid, shall reconsider their said estimates, or the part or parts thereof so objected to, and in case the same shall appear to them to require correction, but not otherwise, they shall and may correct the same accordingly. 4. § III. And be it further enacted, That the said mayor, payXsumTal^ aldermen and commonalty, shall within four months after the '*^'^'''^^''- confirmation of the report of the commissioners in the pre- mises, by the court, pay to the respective persons and parties mentioned, or referred to, in said report, in whose favour any sum or sums of money shall be estimated and reported, by the said commissioners, the respective sum or sums so estimated and reported in their favor respectively ; and in case of neg- Pmceedinps m lect or default in payment, of the same within the time afore- dlrauittopay."' said, the respective person or persons, party or parties, in whose favor the same shall be so reported, his, her or their exe- cutors, administrators or successors, at anytime or times after application first made by him, her or them, to the said mayor, aldermen and commonalty, in common council convened, for payment thereof, may sue for, and recover the same, with , awful interest, from and after the said application therefor, 718 STREETS— CLOSING of. and the costs of suit, in proper form of action, against the said mayor, aldermen and commonalty, in any court having cognizance thereof, and in which it shall be sufficient to de- clare, generally, for so much money due to the plaintiff or plaintiffs, therein by virtue of this act, for the premises taken by virtue thereof, and it shall be lawful for the plaintiff or plaintiffs, to give any special matter in evidence, under such general declaration, and this act, and the report of the said commissioners, with proof of the right and title of the plain- tiff and plaintiffs, to the sum or sums demanded, shall be conclusive evidence in such suit or action : Provided, ownerf^are m^ 5. § IV. And he it further enacted, That whenever the nors, femes co- , • . r i i i ^ x i vert or absent, owucrs and proprietors 01 any such lands, tenements, here- ditaments and premises, to be taken by virtue of this act, or the party or parties, person or persons interested therein, or any or either of them, the said owners, proprietors, parties or persons, in whose favor any such sum or sums, or compensa- tion shall be so reported, shall be under the age of twenty- one years, non compos mentis, feme covert, or absent from the city of New- York, and also in all cases, where the name or names of the owner or owners, party or persons entitled unto, or interested in any lands, tenements, hereditaments or premises that may be so taken, shall not be set forth or men- • tioned in the said report, or where the said owners, party or persons respectively, being named therein, cannot, upon dili- gent inquiry be found, it shall be lawful for the said mayor, aldermen and commonalty, to pay the sum or sums mention- ed in the said report, payable, or that would be coming to such owners, proprietors, parties and persons respectively, into the said supreme court of judicature, to be secured, dis- posed of and improved as the said court shall direct, and such payment shall be as valid and effectual, in all respects, as if made to the same owners, proprietors, parties and persons respectively, themselves, according to their just rights, if they had been known and had all been present, of full age, dis- covert and compos mentis : And provided also, That all and in each and every case and cases, where any such sum or sums or compensation so to be reported by the said com- missioners, in favour of any person or persons, and party or parties whatsoever, whether named or not named in the said report, shall be paid to any persons or persons, or party or parties whomsoever, where the same shall of right belong, STREETS— CLOSING o^. n^ and ought to have been paid to some other person and per- sons, or party or parties, it shall be lawful for the said per- son or persons, or party or parties, to whom the same ought to have been paid, to sue for and recover the same, with law- ful interest and costs of suit, from the person or persons, party or parties to whom the same shall have been paid, as so much money had, and received to the use of the said plain- tiff or plaintiffs, by the person or persons, party or parties respectively, to whom the same shall have been so paid. 6. § V» And be it further enacted, That in case of the death, Varancies in resignation or refusal to act of any such commissioners of es- ^^ ^"^''^• timates, to be appointed under and by virtue of this act, it shall and may be lawful for the court aforesaid, or any one of the justices thereof, on the application of the mayor, al- dermen and commonalty of the city of New- York, as often as such event shall happen, to appoint a discreet and disin- terested person, being a citizen of the said city of New- York, in the place and stead of such commissioner so dying, resigning: or refusinpr to act, and that the survivin^: or acting Power of sumv- commissioners, as the case may be, shall have lull power to *="• proceed in the execution of the duties of their appointment, until a successor of the commissioner so dying, resigning or refusing to act, shall be appointed. 7* 6 VI. And be it further enacted, That in all and every Twooftheccw^ ... *' mtssioiicrs may case of the appomtment of commissioners under this act, it act. shall be competent and lawful for any iwo of such said com- missioners so to be appointed, to proceed to and execute and perform the trust and duties of their said appointment, and their acts shall be as valid and effectual as the acts of all the commissioners so to be appointed, if they had acted therein, would have been: And further, That in all cases the acts, pro- Majority to coi^- ceedings and decisions of a major part of such of the commis- sioners as shall be acting in the premises, shall be as binding, valid and effectual, as if the said commissioners named and appointed for such purpose had all concurred and joined therein. 8. § VIL And be it further enacted, That the commissioners Compensation to ' -^ ' commiBsioners. to be appointed under and by virtue of this act, who shall enter upon the duties of their appointment, shall each be cn^ 720 STREETS— CLOSING oP. titled to receive the sum of not more than four dollars, besides all reasonable expenses for maps, surveys, clerk hire and other necessary expenses and disbursements, for each day they shall respectively be actually employed in the duties of their appointment, and the same shall be paid by the mayor, alder- men and commonalty of the city of New- York. Proceedings to Q. § VIII. And be it further enacted, That whenever and as close, &c. and to ' open and lay out, oftcn as the uiavor, aldermen and commonalty of the city of &c. any street, .- ' j j may be united. Ncw-York shall be desirous to open, lay out or form any sti'eet or public place, or to extend, enlarge, streighten, alter or otherwise improve any street or public place, which shall be contiguous to, or in the neighborhood of any lot of ground fronting on any street or part of a street, which they may pray to have closed as aforesaid, that then it shall be lawful for them to unite in such application as aforesaid, an applica- tion to the said court to open, lay out and form any such street or public place, or to extend, enlarge, straighten, alter . or otherwise improve any such street or public place, in pur- suance of the provisions of the act, entitled " An Act to re- duce several laws relating particularly to the city of New- York into one act," and the acts in amendment thereof. cSS.'s"if^The 1^- § IX- ^^^^ ^^ it further enacted, That when applications srh"cil?"''''" to close and to open, extend, enlarge, straighten or alter any street, lane, alley or public place, shall be united in the same application as aforesaid, that it shall be the duty of the said commissioners to proceed to and make a just and equitable estimate and assessment of the loss and damage, if any, over and above the benefit and advantage, or of the benefit and advantage, if any, over and above the loss and damage, as the case may be, to the respective owners, lessees, parties and persons respectively entitled unto or interested in the lands, tenements, hereditaments and premises fronting on any road, street, lane or alley, which application maybe made to close as aforesaid, by and in consequence of closing any such road, street, lane or alley, or opening, extending, enlarging, straightening or altering any such street or public place ; owner., &c: en- and that it sliall not be lawful for the said owners, lessees, 'darnag"eVbovr partics and persons respectively as aforesaid, to recover the benefit. ^^^^^ ^^^^ ^^.^ ^^^^^^^^,^ aldermen and commonalty, any larger sum on account of the premises, than the sum so estimated STREETS— CLOSING or. 721 to be their loss and damage over and above their benefit and advantasre. o 11. 5 X. And he it further enacted, That when applications a^^JseSj.'jJ^ shall be joined as aforesaid, that it shall be the duty of the «d from the bent- said commissioners to deduct from the amount of the damages which may be sustained by and in consequence of opening, laying out and forming any street or public place, or extend- ing, enlarging, straightening, altering or otherwise improving any street or public place, the amount which the road, street, lane or alley may be worth, if any, over and above the sum which the said mayor, aldermen and commonalty may be re- quired to pay for the same as aforesaid, and to assess that vvhen to be as- * ^ •' sess(!a on tlie cor- sum upon the said mayor, aldermen and commonalty, or if poration. the sum which they shall be required to pay for the same as aforesaid, shall exceed the value of the same, that then it shall be the duty of the said commissioners to award to the said mayor, aldermen and commonalty the amount of such deficiency and to assess the same upon the property of those which may be benefited as aforesaid. 12. § XL And be it further enacted, That all cases when betwe^niandioS no part of any lot or parcel of land, or other premises under JJ^^endi'schar^i lease or other contract, shall be contiguous to any road, street, lane or alley, after the closing of a road, street, lane or alley as aforesaid, that all the covenants, contracts and agreements between landlord and tenant, or any other contracting par- ties, touching the same or any part thereof, shall upon the confirmation of such report in the premises, by the said court, respectively cease and determine, and be absolutely discharged. 91 722 STREETS— OPENING and laying out. STREETS— Opening and laying-. out. Act to Reduce, <^^c. — Passed April d, 1813, Vol. 2, j*. 408, Sect. 1. Street?, avenues, and squares how to be opened. 2. On ajiplicatiou of corporation, supremo court to appoint commissioners; their oath and duty. . t 3. Estimate and report of commissioners. 4. When the damage exceeds tlie benefit commissioners to report the excess only. 5. When damage and benefit will be equal, commissioners to leporl accordingly. 6. When the benefit exceeds the damage, excess of benefit to be reported. 7. Lands adjacent to be included in tlie asse^ment. 8. Names of parties and de.*crjplion of land to be set forth in the report. 9. Report how to be made when parties interested, or their estates are not tnown. 10. Confirmation of report. 11, Report confirmed to be.final and conclusive. I IS. Upon coRfirmation of report corporation to take possession of premises. 13. Corporation lands to be asse-sscd. 14. Corporation may agree with parties interested, for the cession of lands required for streets. > \ 15. Duty of commissioners when part of lots are required. 16. Proceeds of sale of such parts of lots how applied. 17. Contracts between landlord and tenant to cease in certain cases. ^ 18. Commissioners to deposit copy of assessment in clerk's office. 19. Damages awarded when to be paid ; neglect ofpaymeut. 20. When money may be paid into court. 21. Monies expended to be assessed on persons benefited 22. Three freeholders appointed, and oath and proceedings. 23. Sums assessed by commissioners to be a lien. 24. May be levied by distress, or recovered by action. 25. Persons paying assessment for others, may recover sum back. 26. Vacancies in office of commissioner how filled. 27. Any two commissioners nmy act. 28. Compensation to be paid to comniissioners. 29. Debts for opening streets may bo funded. 30. Corporation' authorized to run streets over land of private persons. 31. Rights of the state to streets and highways in New- York granted to the corpo- ration* 32. Commissioners' powers extended. 33. Act extended to present as well as future commissioners. 34. Plans and profiles of streets to be furnished by the corporation. 35. Equitable assessments to be made. 36. Compensation for damages how to be made. 37. Powers of corporation to suspend opening streets, &;c. 38. Commissioners may administer oaths. anfstShow 1- § CLXXVII. And he it farther enacted, Tliat whenever to be opened. ^^^ ^g often as the mayor, aldermen and commonalty of the city of' New- York, shall bo desirous to open any street, avenue, square or public place, or any particular part or sec-' tion of any street or avenue laid out by the commissioners of streets and roads in the city of New- York, under and by virtue of the act, entitled " An Act relative -to improve- ments touching the laying out of streets and roads in the city of New- York, and for other purposes," passed April 3d, 1807, and also whenever and as often as so many proprie- STREETS— OPENING AND LAYING OUT. 723 tors of lands fronting on any such street, avenue, square or public place, or any particular part or section, of any such street, avenue, square or public place as shall together own three-fourth parts of all the lands fronting on such street, avenue, square or public place, or on such part or section of any such strefct, avenue, square or public place, shall by pe-, tition, desire the said mayor, aldermen and commonalty to open- any such street, avenue, square or public place, or any such particular part or section of any such street, avenue, square or public place, and the said raayor, aldermen and, commonalty shall deem the opening thereof to be necessary or useful, it shall be lawful for the said mayor, aldermen and commonalty to cause the same to be opened, and the lands, tenements and hereditaments that may be required for the purpose of openins^ the same, may be taken for that pur- Lands, &c. may , ^ ^ . , • "^ , , .be taken for the pose, and compensation and recompense made to the parties purpose or laying and }X)rsons, if any such there shall be, to whom the loss and damage thereby shall be deemed to exceed the benefit and advantage thereof, for the excess of the damage over and above the value of the said benefit, in the manner hereinafter for that purpose directed and prescribed ; and whenever and as often also as it shall in the opinion of the said mayor, al- dermen and commonalty, in- common council convened, be necessary or desirable for the public convenience or health to lay out, form and open any street or streets or public place or places in any part of the said city, not laid out into streets, avenues, squares and public places by the commissioners of streets and roads in the city of New- York, under and by • virtue of the act aforesaid, or to extend, enlarge, straighten, alter or otherwise improve any street or streets or part of a street, or public place or places, already laid out or hereaf- ter to be laid out, and formed or opened in any part of the said city, not laid out into streets, avenues, squares and pub- lic places by the commissioners aforesaid, it shall be lawful for the said mayor, aldermen and commonalty of the city of New- York, to order and direct the same to be done, and to cause the same to be done accordingly in such manner as lliey shall think most advisable, notwithstanding it may be- come necessary for that purpose to remove any building or Buiuiinfrs, &c. •^ 1 1 J J o . may be taken ur buildings, or to take any lands^ tenements, hereditaments or removed, premises whatsoever : And if the said mayor, aldermen and commonalty shall require any Jands, tenements, hereditaments nu STREETS — orENiNG and laying ovr. or premises of any person or persons, or body politic or cor- porate for any such purpose the same may be taken and ap- propriated to such use, and dompensatix)n and recompence made to the parties and persons respectively, if any such there shall be, to whom the loss and damage thereby shall be deemed to exceed the benefit and advantage thereof, for the excess of the said damage above the said benefit, in the manner for that purpose hereinafter mentioned and provided. On application of corporation, sup. court to appoint 3 commissioners to ascertain da- mages, &.C. 2. § CLXXVIII. And be it further enacted, That whenever 3 and as often as any lands, tenements, hereditaments or pre- mises whatsoever shall be required for the said purpose of opening any such public square, place, street, or avenue, or part or section of a street or avenue, in the said city of New- York, laid out by the commissioners aforesaid, under and by virtue of the act aforesaid so to be opened, or for the said purposes of laying out and forming or extending, enlarging, straightening, altering or otherwise improving any street or public place, so be laid out and formed or opened, or so to be extended, enlarged, straightened, altered or otherwise im. proved, in any part of the said city not laid out into streets, avenues, squares and public places, by the commissioners aforesaid, under the act aforesaid, or for any or either of the said purposes, it shall be lawful for the said mayor, alder- men and commonalty, to make application or to cause ap- plication to be made to the supreme court of judicature of this state, for the appointment of commissioners s and it shall be lawful- for the said court to whom such application shall be made, on any such application, to nominate and appoint three discreet and disinterested persons, boing citizens of the United States, commissioners of estimate and assess- ment, for the purpose of performing the duties hereinafter in that behalf prescribed, which said commissioners before they enter upon the performance of the duties of their ap- pointment shall severally take and subscribe an oath or affir- mation, before some person authorized by law to administer oaths, " faithfully to perform the trust and duties required of them by this act," which oath or affirmation shall be filed in the clerk's office of the city of New- York ; and it shall be Duty of cf>mmi»- the duty of the said commissioners, after having viewed the ■ionera. , , "^ it' i • • i lands, tenements, hereditaments and premises so required for the purpose of opening the said public square or place. Commissioners to be swori^. STREETS— OPENING AND LAYING OUT. 725 Street, avenue or part or section of a street or^venue so to be opened, or for the purpose of laying out and forming the street or streets, or public place so to be laid out and formed, or for the purpose of extending, enlarging, straightening, altering, or otherwise improving the street or public place so to be extended, enlarged, straightened, altered, or other- "wise improved, as the case may be, and the lands, tenements, hereditaments and premises, on each side of the same half way to the next street or avenue thereto (if they shall deem such view to be necessary or useful) and after causing all such surveys, maps, profiles, plans and other things as they may judge necessary to be made, done and prepared for their use, to proceed to and make a just and equitable esti- To make eati- , r 1 ^ 11 '^ mate of damage, mate and assessment oi the loss and damas^e, if any, over and benefit to r 1 1 f pa'''J<*s interested and above the benefit and advantage, or of the benefit in land, required and advantage, if any, over and above the loss and da- mage, as the case may be, to the respective owners, lessees, parties and persons respectively, entitled unto, or interested in the lands, tenements, hereditaments and premises, so re- quired for the purpose, by and in consequence of opening such public square or place, street, avenue, or part or section of a street or avenue so to be opened, or by and in conse- quence of laying out and forming such public street or place so to be laid out and formed, or by and in consequence of extending, enlarging or otherwise improving the street or public place so to be extended, enlarged, or otherwise im- proved, as the case may be, and a just and equitable estimate and assessment also of the value of the benefit and>advan- tage of such said public* square oifjftce, street, avenue, or part or section of a street,or avenue so- to be opened, or such street or public place so to be laid out and formed, or of such extension, enlargement or other improvement of the street or public place so to be extended, enlarged, or other- wise improved, as the case may be, to the respective owners, lessees, parties and persons respectively, entitled unto or interested in the said respective lands, tenements, heredita- ments and premises nof required for the purpose of opening, laying out and forming or extending, enlarging or other- wise improving the same, but fronting or to front thereon, or being at and within half the distance of the next street or ^ avenue thereto from the same on each side thereof, and which the said commissioners may deem to be benefited 72G STREETS — opening and laying oxji*. by such j)ul^c square or place, street, avenue, or part or section of a street or avenue so to be opened, or such street or public place so to be laid out And formed, or so to be ex:- tended, enlarged or otherwise improved, in respect to the respective estates and interest of such said owners, lessees, parties and persons respectively, so entitled unto or inter- ested in such said lands, tenements, hereditaments and pre- ^premoToSJt'^' ^^iscs, SO benefited thereby ; and to report to the said su- preme court of judicature "without unnecessary delay ; and nJ^fexcolds^he ^^ Hiakiug such estimate and assessment and report in the sio'S to^'n'plirt premises, it shall be the duty of the said commissioners in all of daniage.*^^^*^^^ cascs whcrc the loss and damage to the owners^ iessees, parties and persons entitled unto or interested in any such lands, tenements, hereditaments or premises, so required for the purpose of any such said operation and improvement that is to say, the operation and improvement of open- ing such said public square or place, street or avenue, or part or section of a street or avenue so to be opened, or the operation and improvement of laying out and forming any such street or public place so to be laid out and formed, or the operation and improvement of extending, enlarging or otherwise improving such said street or public place to be extended, enlarged or otherwise improved, as the case may be, by and in consequence of such said operati6n and improvement, shall in the opinion of the said commissioners exceed the value to him, her or them of the benefit and ad- vantage of such said public square or place, street or avenue, or part or section of a street or avenue so to be opened, or of such street or publK^place so ifo be laid out and formed, or of such extension, enlargement or other improvement of the said street or public place so to be extended, enlarged or otherwise improved, as the case may be, to estimate and re- pott the excess and surplus only, of the said loss and damage over and above the value of the said .benefit and advantage as and for the compensation and recompense, and the same shall be the compensation and recompense to be made to such owner or owners, lessee or lessees, parties and persons re- spectively, for his, her or their loss and damage by and in consequence of the said operation and improvement of open- ing, laying out and forming or extending, enlarging or other- wise improving such said public square, place, avenue, street, or part or section of a street or avenue to be opened, laid STREETS— oPEmNG and laying out. 727 out and formed or extended, enlarged or otherwise improved, as the case may be, and relinquishing? the said lands, tene- ments, hereditaments and premises so required of him, her or them for that purpose ; and in all cases where the benefit ami^beneSr wtii and advantage o£^Ug14 said public square, place, street or ^^^j Jj^JJ^J^ ^^°™- ja^venuc, or part or section of a street or avenue so- to p^" ^"'''^'^^"siy- be opened, or of such said street or public place so to * be laid out and formed, or of suclv extension, enlargement* or other improvement of the street or publi« place so to be - extended, enlarged or otherwise improved, as the case may be, to any owner or owners, lessee or lessees,- party or per- son or persons so entitled unto or interested in any such lands, tenements, hereditaments or premises so required for the purpose of tlie said operation of opening, laying out and forming or e?:tending, enlarging or otherwise improving the same, will in the .opinion of the said commissioners be equal and equivalent to the loss and damage of such owner or* owners, lessee or lessees,*party or person or persons respec- tively, by and in conseqnencc of the said'operation of open- ing, laying out and forming or cxteading, enhirging or other- wise improving the same, and the relinquishment of the lands, tenements, hereditaments and premises required for that purpose, to report that sucli owners, lessees, parties and persons respectively, will sutler no damage by or in conse- quence of making such said operation and improvement, and relinquishing the lands, tenements, hereditaqients and premises so required of him, her or them, respecti»vely for that purpose, the benefit and advantage thereof to him, h'er or Ihem, being equal and equivalent to the loss and damage that will be sustained by him, her or them thereby ; but in all cases where the benefit and advantage of such said ope- wiienthebene- ^ ^ fit exceeds . the ration and improvement to any such owner or owners, lessee •ndcoiwiusive. shall be final and conclusive, as w^ell upon the said mayor^ aldermen and commonalty of the city of New- York, as upon the owners, lessees, persons and parties interested in,, and entitled unto the lands, tenements, hereditaments and premises mentioned in the said report; and also upon all other persons whomsoever ; and on such final confirmation of such report by the said court, the said mayor, aldermen and commonalty of the city of New- York, shall become and be seized in fee of all the said lands, tenements, hereditaments and premises in the said report mentioned, that shall or may be so required for the purpose of opening the said public square or place,, street or avenue, or part or section of a street or avenue so to be opened, or for the purpose of lay- ing out and forming the said street or public place so to be laid out and formed, or for the purpose of extending, enlarg- ing or otherwise improving the street or public place so to be extended, enlarged or otherwise improved, as the case may be, the same to be appropriated, converted and used to and th€^SSn*to*tJke ^"^^' ^^*^^ ^^^^ purpose accordingly ; and thereupon the said J?ISses"requir^ mayoT, aldermen and commonalty, or any person or persons « may have been built, placed or erected, or which at any time hereafter may be ouilt^ placed or erected, in part or in whole> on any such street, avenue, public square, or place laid out by the said commissioners of streets and roads in the city of New- York, under and by virtue of the said last mentioned act : But provided further, That compensation and recom" pence shall be made to the owners thereof, and parties inte- rested therein, for all buildings and improvements, erected, placed or made wholly or in part upon any part of any such street, avenue, square or public place, so to be opened, at any time before the time of the filing of the maps.aforesaid : And further, That it shall be lawful for the said commis- sioners of estimate and assessment if they shall deem it just and equitable under the circumstances to do so, but not other- wise, to assess any part not exceeding one third part of the estimated value of any such bijilding or buildings, but not of «iny other improvement, upon the said mayor, aldermen and commonalty of the city of New- York : And provided also, t^ommissiiohert •' •• • -' to assess a part or That if it should become necessary for the purpose of V'"''''^'"^*^^'''""' ' _ ^ *' ^ A dings on corpora- laying out and forming or extending, enlarging or otherwise ^'O"- improving any stree't or public place in any part of the said city of New- York, not laid out into streets, avenues, squares and public places by the said commissioners of streets and roads in the city of New- York, under and by virtue of the said last mentioned act, to remove any building or buildings, it shall and may be lawful to and for the said commissioners of estimate and assessment at their discretion, if they shall deem it equitable and just to do so, but not otherwise, to as» sess any part not exceedinfr one third part of the estimated Value of such building or buildmcrs upon the said mayor, al- ioii<-'infr tocorpo- 1 1 r ^ ■ r -^T \r i * ration dre requir- dermen and commonalty of the city ol New- York: And ^^^ for aforesaid provided also^ That if any lands, tenements, hereditanrienis missioners are to , . '' assess damage* or premises belonging to the said mayor, aldermen and com- »' benefit m ttt« '■ o o J ' usual niannsri 732 STREETS— OPENING A.VD LAYING OtT^ monalty of the city of New- York, or wherein they may he interested, shall be required for any of the purposes afore- said, or shall be benefited by aj:iy such operation and im- provement as herein before mentioned, the said mayor, al- dermen and commonalty shall be entitled to compensation and recompence for the loss and damage they may sustain^ and shall be bound to allow and pay for the benefit and ad- . vantage they may be demced to acquire thereby, in hke manner as other owners and proprietors of lands and pre- mises required for the purpose of making the said operation and improvement, or deemed to be benefited thereby ; and it shall be lawful for the said commissioners of estimate and assessment, and they are hereby directed in such each and every case, to estimate and assess upon the principles and in, the manner herein aforesaid ; and to report the sum or sums which in their opinion ought to be allowed and paid to or by the said mayor, aldermen and commonalty for the said loss and da- mage, or for the said benefit and advantage, as the case maybe, to the said mayor, aldermen and commonalty, by and in conse- quence of such said operation and improvement of opening the said public square,place, street, avenue, or part or section of a street or avenue so to be opened, or laying out and forming or extending, enlarging 'or otherwise improving the said street or public place so to be laid out and formed, or extend- ed, enlarged, or otherwise improved, as the case may be ; Corporation may And promdecl also, That it shall be lawful for the said mayor, agree with par- -* ' ^ ' ties interested for aldermen and commonalty, at any time or times, either be- cessfon of the ^ ' ^ 1-^"^% ''^'^ '^''c '^ fore or after the appointment of commissioners in the pre- mises, for any of the purposes aforesaid, to agree with the owners, lessees, parties and persons entitled unto or intei'est- ed in the lands, tenements, hereditaments and premises, that either will be benefited by or may be required, for the pur- pose of making the operation and improvement intended to be made, or with any or with either of such owners or other parties interested therein, for and about the cession of lands, tenements., hereditaments and premises required of him, her or^ them respectively, for the purpose of making such said intended operation and improvement, and for and about the compensation and recompence to be made to him, her or them for the same, or for and about the allowance or sum or sums to be allowed and paid by such owners and parties re- spectively, or by any or either of them, for the benefit and STREETS— OPENING AND LAYING OUT. "^33 advantage of tiie public square, place, street, avenue, or part or section of a street or avenue so to be opened, or the street or public place so to be laid out and formed, or the extension, enlargement or other improvement of the street or public place so to be extended, enlarged or otherwise improved, to him, her or them, over and above the value of the lands, tene- ments, hereditaments and premises, that may be required, if any lands, tenements, hereditaments or premises shall be re- quired of him, her or them, for the purpose of opening, lay- ing out, and forming or extending, enlarging or otherwise improving the same, and in case of any such agreement or agreements with part only of the said owners and parties entitled unto and interested in the said lands, tenements, he- reditaments and premises so required for the purpose of mak- ing any such operation and improvement as aforesaid, or to be benefited thereby, the same shall be valid and binding upon the parties thereto, and the said commissioners shall, nevertheless, enter upon and make or proceed with their said estimate and assessment, and make report to the said court as to the residue of the said lands, tenements, hereditaments and premises, required ibr the said purpose of making such said operation and improvement, or to be benefited thereby, concerning which the owners thereof and parties interested therein shall not agree : and the said report, when confirmed, shall be of like force and effect in regard to the matters com- prised therein, as if no such agreement, as to part of the premises, had been made. 15. § CLXXIX. And be it further enacted, That it shall Dutyofconunfi^' •' ^ ' sioiiers when be lawful for the said commissioners so to be appointed by J'^^'^^u'iJed.""'*^ the couri aforesaid, for any of the purposes aforesaid, in all cases where part only of any lot or lots, or parcel or parcels of land, or of any other tenements, hereditaments or pre- mises, shall be required for any of the aforesaid purposes, leaving a residue of such lot or lots, or .parcel or parcels of land, or other premises belonging to the same owner or owners, or parties in interest to whom the said part thereof so required for such purpose shall belong, and they the said commissioners shall deem it expedient and proper so to do, to include and comprise in their said estimate and assess- ment the whole or any part of such said residue of such lot or lots, or parcel or parcels of land or other premises along ^il4 STREETS OPENING AND LAYING OUT*; with the part of the same so required for the said purpose of the said intended operation and improvernent, in like manner as if the said residue or the part thereof so to be included in the said estimate and assessment was required for the purpose of making the said operation and improvement so to be made, and ail the said part and residue of the said lot or lots, or parcel or parcels of land or other premises so in- cluded in the said estimate and assessment, and not required for the purpose of making such said operation and improve- ment, shall, on the confirmation by the said court of the said report of the commissioners, or such further report as may be made in the premises, become, and be vested in the said mayor, aldermen and commonalty of the city of New^-York, and their successors in fee simple, who may appropriate the same, or any part thereof to public uses, and shall and may sell and dispose of the residue thereof, or the w^hole, in case of no appropriation of any part thereof for pubhc uses * Provided; Jpiocecdsofsaie jqr CLXXX. And be it further enacted, That in ease of bf such parts of ^ J ' bte, how applied. ^^^ g^le of the Same, or any part thereof, the net money and proceeds arising aild to be received therefrom, after deduct- ing and paying the charges of such sale, and the proceedings and conveyance consequent thereon, shall be credited and allowed by the said mayor, aldermen and commonalty, to- wards and as part payment of the surplus, if any surplus there shall be, as the amount of the sums estimated, and reported to be paid for damages, by and in consequence of the making the said operation and improvement in the said report mentioned, over and above the amount of the 'sums or assessments assessed and. reported to be paid for the benefit and advantage thereof to those who may be deemeft to be benefited thereby* jeohtracts be- 17. k CLXXXI. And be it further enacted, That in all iWeen I and lord •' -^ tind tenant to eascs wlicre the whole of any lot or parcel of land, or othef tease in certain *' '■ tases. premises under lease or other contract, shall be taken foi* any of the purposes aforesaid, by virtue of this act, all the covenants, contracts and engagements between landlord and tenant, or any other contracting parties, touching the same or any part thereof, shall, upon the confirmation of such re* port in the premises as shall be confirmed by the court afore- said respectively, cease and determine, and be absolutely STREETS— OPENING AND LAYING OUT. 785 discharged ; and in all cases where part only of any lot or parcel of land, or other premises so under lease or other contract, shall be so taken for any of the purposes aforesaid, all contracts and engagements respecting the same, shall, upon the confirmation of such report in the premises, as shall be so confirmed as aforesaid, cease, determine, and be abso- lutely discharged, as to the part thereof so taken, but shall remain valid and obligatory as to the residue thereof; and p^^^ms^to^be^a^p- the rents, considerations and payments reserved or payable, tain other cases. and to be paid, for or in respect to the sam, shall be so ap- portioned as that the part thereof justly and equitably pay- able, or that ought to be paid,- for such said residue thereof, and no more, shall be demanded, or paid or recoverable, for or in respect of the same. 18. § CLXXXII. And be it further enacted, That the said comn)i. to meet and unite with the said fourth avenue and sixth avenue respectively at thirty-fourth street ; the street de- signated on the said map or plan as thirty-first street, shall be extended and continued eastwardly from the seventh avenue through the said land, which, by the said plan was intended to form part of the said parade, so as to meet and unite with the said thirty-first street at the third avenue ; the streets designated on the said map or plan as thirty- second street and thirty-third, street, shall be extended and continued eastwardly from the seventh avenue through the said land, w^hich, by the said plan, was intended to form part of the said parade, so as to meet and unite with the said thirty-second street and thirty-third street respectively, at the easterly side of the eastern post road; the streets designated on the said map or plan, as twenty-fourth street, twenty-fifth street, twenty-sixth street, twenty-se- venth street, twenty-eighth street, twenty-ninth street and thirtieth street, shall be extended eastwardly from the se- venth avenue, through the said land, which, by the said plan, was intended to form part of the said parade, and shall be respectively continued in a straight line to the said sixth avenue so as aforesaid extended and continued ; and the said streets designated on the said map or plan, as twenty- fourth street, twenty-fifth street, twenty-sixth street, twenty- seventh street, twenty-eighth street, twenty-ninth street and thirtieth street, shall be extended westwardly from the 750 STREETS — PUBLIC squaru reduced. third avenue, through the said land, which, by the said plan, was intended to form part of the said parade, and shall be respectively continued in a straight line to the fourth avenue so as aforesaid extended and continued : and the fifth avenue shall be extended southwardly, from thirty-fourth street, through the land, which, by the said plan, was in- tended to form part of the said parade, and shall be continued in a straight line to the said thirty-first street so as aforesaid extended and continued; and instead of the boundaries to the said parade, as directed and prescribed by the said com- missioners, it shall be, and hereby is, bounded northwardly by thirty-first street, continued as aforesaid, eastwardly by the fourth avenue, continued as aforesaid, southwardly by twenty-third street, being the present south boundary, and westwardly by the sixth avenue, continued as aforesaid. inc\udld ?ir'Sr- ^' ^ ^^' ^^^^ ^^ it further enacted, That the several and re- Sev'L'^wrtaiu spective owners and proprietors of the lands and tenements rights, &c. which shall be included in the blocks or plots of ground formed and to be formed by the extension of the several streets and avenues, which, by this act are directed to be extended as aforesaid, shall have, hold, occupy, possess and enjoy the same, in the same manner as they would have been entitled to do if the commissioners had not included such lands and tenements in the said parade, but had laid out the said square, called the parade, in the manner in which it is reduced and designated by this act. Damages on 3. § III. And bc it fiirtker cuacted, That the public square, BtSJfhow'esti" or placc, Called the parade, and the streets and avenues which ™* * ■ are in and by this act, directed to be extended and continued, shall be opened and the damage and benefit estimated, as- sessed and paid in the same manner as the same would have been done if the said square or place, and streets and avenues had been laid out by the said commissioners, in the manner in which the said square is reduced and designated by this act. STREETS— EXTENSION OF. 751 CHAP. CCLXIV. 1. Corporation authorized to extend Mercer, Green, Wocster, McDougal and Lcrris streets. AN ACT authorizing the Extension of certain Streets in the City of New-York. Passed April 19, 1828' p. 338. The People of the State of New-York, rej)resented in Senate and Assembly, do enact as follows : 1. § 1. Mercer street, Greene street, Wooster street, and McDougal street, in the ninth ward of the city of New- York, and Lewis street, in the eleventh ward of the said city, shall and may be extended by the mayor, aldermen and common- alty of the city of New- York, upon their present lines, and of their present respective widths, northerly from their present termination, to Eighth-street, any thing contained in the act, entitled " An act relative to improvements touching the laying out of streets and roads in the city of New- York, and for other purposes," passed April , 3d, 1807, to the contrary notwithstanding ; and whenever the said mayor, aldermen and commonalty of the city of New- York, shall deem it desirable for the public convenience so to ex- tend the said streets, or any of them, as aforesaid, they may order and direct the same to be done in like manner, and the like proceedings shall be thereupon had in relation to the said extension or extensions, as if the said extension or exten- sions were in a part of the said city not laid out into streets, avenues, squares and public places, by the commissioners of streets and roads in the city of New- York, under and by vir- tue of the said last mentioned act ; and all the provisions relative to the extension of streets in that part of the said city not laid out as aforesaid, which are contained in the act, entitled " An act to reduce several laws relating particularly to the city of New- York, into one act," passed April 9th, 1813, and the several acts altering and amending the satne, shall be construed to apply to the said extension of all and every of the before mentioned streets. 752 STREETS— REGULATioNOF. CHAP. CCXXXIX. Srct. 1. Act of April 10th, 1823, repealed. 2. Limits prescribed for vessels. 3. Cisterns in. AN ACT relative to the act^ entitled " An act to provide for the permanent regulation of certain Streets in the City of New- York" passed April 1 0th, 1823. Passed April 14, 1827, p. 24?. Act of 1823 r^' l> ^ I. Be it enacted by the People of the State of New-York^ pealed. represented iu Senate and Assembly, That the act entitled " An act to provide for the permanent regulation of certain streets in the city of New- York," passed April 10th, 1823, be and the same is hereby repealed ; and that the commissioners therein mentioned to be appointed, be and they hereby are discharg- ed from the trust and duties imposed on them by the said act, and that all or any proceedings which may have been com- menced, carried on or completed, for pitching or pitching and paving any street or avenue in the city of New- York, south of Fourteenth street, and westward of the Bowery, and with- in the purview of the act hereby repealed, under and by vir- tue of the one hundred and seventy-fifth section of the act entitled " An act to reduce several laws relating particularly to the city of New- York into, one act," passed April 9th, 1813, or under any other section thereof, or any other act than that above mentioned, in addition to or amending the said act of the 9th April, 1813, shall be valid and effectual to all in- tents and purposes, in like manner as if the act hereby re- pealed had never been in effect. Limits prescribed 2. § 2. And be it further enacted, That the limits on the East ^or^certain ves- j^'^gj. jj^ relation to vcsscls coming to the city of New- York, as prescribed in the third section of the act to provide against infectious and pestilential diseases, passed March 21st, 1823, be and the same are hereby extended southwardly to a point where Eighth-street meets said river. STREETS. 753 [Foftieth Session— 'Vol. 4. b. p. 18.] CHAP. XXV. Sect. I. Common council authorized to make ciaterna. AN ACT relative to Cisterns in the Streets of the City of New-York. Passed January 31,1817. § 1. Be it enacted by the People of the State of New- York, represented in Senate and Assembly, That whenever in the opinion of the mayor, aldermen and commonalty of the city of New- York, in common council convened, it shall be expedient to make a public cistern in any of the public streetsi roads, or places in the said city, it shall be lawful for the said common council to order the same to be done accordingly in such manner and at such places as they shall think most advisable, and the expense thereof shall be estimated and as- sessed among all the owners or occupants of the houses and lots of ground intended to be benefited thereby, in the man- ner directed in and by the one hundred and seventy-fifth sec- tion of the act, entitled " An act to reduce several laws rela- ting particularly to the city of New- York into one act," passed April 9th, 1813, and shall be binding and conclusive, in the manner therein prescribed, and shall be collected in the man- ner therein directed, or in the manner directed in the two hundred and fifty-ninth section of the said act. [Fiftieth Session— Vol 7, c. p. 295.] CHAP. CCLXVin. Sect. 1. The mayor and commonalty may extend La Fayette Place AN ACT authorizing the extension of La Fayette Place. Passed April 14, 1827. § I. Be it enacted by the People of the State of New-York, ^Power to extend represented in Seriate and Assembly, That the street or place called La Fayette Place, in the ninth ward of the city of New- York, extending from Jones-street northerly to Art-street, and being of the width of one hundred feet 95 La Fayette Placf. 754 STREETS. throughout, shall and may be extended by the mayor, alder- men and commonalty of the citj^ of New-York, whenever they shall deem it desirable for the public convenience so to do, upon its present lines and of its present width, northerly from Art-street through the plot of ground made by the in- tersection of Broadway, Art-street and Eighth-street, to the southwesterly side of Eighth-street, any thing contained in the act entitled " an act relative to improvements, touching the laying out of streets and roads in the city of New- York, and for other purposes," passed April 3d, 1807, to the con- trary notwithstanding ; and that whenever the said mayor, or aldermen and commonalty of the city of New-York, shall deem it desirable for the • public convenience so to extend La Fayette Place as aforesaid, they may order and direct the same to be done in like manner, and that the like pro- ceedings shall be thereupon had, in relation to the said exten- sion of La Fayette Place, as if the said extension of La Fayette Place was in a part of the said city not laid out into streets, avenues, squares and public places, by the commis- sioners of streets and roads in the city of New- York, under and by virtue of the said mentioned act ; and that all the provisions relative to the extension of streets in that part of the said city not laid out as aforesaid, which are contained in the act entitled, " an act to reduce several laws relating particularly to the city of New- York into one act," passed April 9th, 1813, and the several acts altering and amending the same, shall be construed to apply to the said extension of La Fayette Place. CHAP. CLII. 1. Powers of the commissioners of estimate and assessment extended. 2. Certain expenses to be paid by corporation. 3. Commissioners how to proceed. 4. Sections of a former act applicable to opening public squares, defined and explained. AN ACT relative to Public Squares and Places in the City of NeW'Yorh Passed April 11,1815. mambie; Whereas the mayor, aldermen and commonalty of tjie city of New- York have, by their memorial to the legislature, STREETS. 755 prayed, for the reasons therein contained, that the act to re- duce several laws relating particularly to the city of New- York into one act, passed April 9th, 1813, may be amended in the manner hereinafter specified. And whereas such prayer appears proper to be granted: Therefore, 1. § I. Be it enacted hy the People of the State of New-York, Powers of the 77mi 1 commissionera of represented in taenate and Assembly. Ihat whenever and as estimate and a«- r . . 1 r- 1 -111 sessment extend- oiten as commissioners may hereaiter be appointed by the ed. supreme court of judicature of this state, or by one of the justices thereof, under and by virtue of the one hundred and seventy-eighth section, or one hundred and eighty-seventh section of the act hereby amended, for the purpose of open- ing any or either of the public squares or places (other than and except the streets and avenues) laid out by the commis- sioners of streets and roads in the city of New- York, under and by virtue of the act entitled " an act relative to improve- ments, touching the laying out of streets and roads in the city of New- York, and for other purposes," passed April 3d, 1807, or any or either of the said public squares or places, as altered by the legislature, the said commissioners of es- timate and assessment shall not, in making their estimate and assessment of the value of the benefit and advantage of such public square or place, be confined to the lands, tenements, hereditaments and premises fronting thereon and lying within half the distance of the next street or avenue thereto from the same on each side thereof, but on the con- trary thereof, after having made their estimate and assessment of the loss and damage over and above the benefit and ad- vantage, and of the benefit and advantage over and above the loss and damage, and of the equality of the benefit and ad- vantage to the loss and damage, as the case may be, to the respective owners, lessees, parties and persons respectively entitled unto or interested in the lands, tenements, heredita- ments and premises so required for the purpose by and in consequence of opening such public square or place, the said commissioners shall proceed to make a just and equita- ble estimate and assessment of the value of the benefit and advantage of such public square or place so to be opened by the respective owners, lessees, parties and persons respec- tively entitled unto or interested in the lands, tenements, here- ditaments and premises lying out of the limits of such public square or place, and which the said commissioners may deem , 756 STREETS. to be benefited by such public square or place, in respect to the respective estates and interest of such owners, lessees, parties and persons respectively so entitled to or interested in such said lands, tenements, hereditaments and premises so deemed benefited thereby : And the said commissioners shall and may extend their said assessments to any such lands, tenements, hereditaments and premises as they may deem to be benefited by the opening of the said public square or place, notwithstanding such said lands, tenements, hereditaments and premises may be situated without and beyond half the distance of the next street or avenue thereto from such said public square or place, or any side thereof. Certain expenses 2. § II. And be it further enacted. That no such assessment to be paid by the ^ corporation. as is directed in and by the one hundred and eighty-fifth section of the act hereby amended, shall be made after the confirmation of the report of the commissioners, in cases of the opening of such public square or places as aforesaid, but all the excess and balance of the sums or estimates of compensation and recompense that may be reported by the said commissioners in favor of the respective persons and parties entitled thereto, and of the expenses and charges of the estimate and assessment and report that may be made in the premises, and all other expenses, disbursements and charges in the premises over and above the amount of the sums or assessments which may be assessed by the said com- missioners upon the persons and parties, lands and tene- ments, for the benefit of such public square or place, shall be borne and paid by the mayor, aldermen and commonalty of the city of New- York, without any such assessment and collection as is directed in and by the said one hundred and eighty-fifth section of the said act. u_ . . 3. § III. And be it further enacted. That the said commis- Commissioners ^ •' how to proceed! sioucrs shall in all things, cxcept as above mentioned, pro- ceed in the execution of the duties of their appointment in manner direcfted in and by the act hereby amended ; and the report to be made by them shall, except as aforesaid, be made in the manner specified by the said act, and the like proceed- ings shall be had as to the deposit of the said report in the clerk's office of the city of New- York, and notice thereof, and the confirmation of such report by the court, or the re- STREETS. T57 ference back to the same commissioners, or to new commis- sioners, as are prescribed in and by the said act. 4. § IV. And he it further enacted^ That all and singular mer act" apJiiJ^Il the provision of the act hereby amended, as to the conclusive pu*biic° squ\"res^ effect of the report, the rights accruing to and liabilities im- explained ^ posed upon the corporation of New- York thereupon, and all and every the other provisions contained in the one hundred and seventy-seventh, one hundred and seventy-eighth, one hundred and seventy-ninth, one hundred and eightieth, one hundred and eighty-first, one hundred and eighty-second,''one hundred and eighty-third, one hundred and eighty-foui^th, one hundred and eighty-sixth, one hundred and eighty-seventh, one hundred and eighty-eighth, one hundred and eighty-ninth, and one hundred and ninetieth sections of the said act shall be, and they are hereby declared to be applicable to the opening of any public square or place in the city of New- York, excepting only that the commissioners appointed for that purpose shall not be confined in their estimate and as- sessment of benefits to any limit or limits whatsoever, and excepting also the damages awarded by the said commis- sioners, and the expenses, disbursements and charges in the premises shall be borne and paid by the mayor, aldermen and commonalty of the city of New-York, out of the amounts or sums that may be assessed by the said commissioners upon the parties and persons, lands and tenements deemed by them benefited by the opening of such public square or place, so far as such amounts or sums assessed may extend, and the surplus of such damage, expenses, disbursements and charges shall be defrayed out of the city treasury. Revised Statutes^ Vol. 1, p. 75. SUNDAY— Observance of. ARTICLE EIGHTH. OF THE OBSERVANCE OF SUNDAY. Sect. 69. Service of cerlain process, &:c. on Sunday probihited and void, &•. 70. Certain sports and acts, on Sunday, prohibited; penalty. 71. Goods not to be sold on Sunday ; to be forfeited ; proceedingg. 72. Tavern-keepers, grocers. &c. not to sell liquor on Sunday. § 69. No v^rit, process, warrant, order, judgment, decree, cmain procMi or other proceeding of any court or officer of justice, shall In su°ndayi"^* 758 SUNDAY— OBSERVANCE OF. be served or executed upon the first day of the week, called Sunday, except in cases of breach of the peace, or appre- hended breach of the peace, or f^r the apprehension of per- sons charged with crimes and misdemeanors, or the violation of any of the provisions of this and the preceding Article, and except where such service shall be specially authorized Service void, &c. by law. The service of any such process, or proceeding, in all other cases, shall be utterly void, and shall subject the party offending to damages, at the suit of any person ag- grieved. (93) Certain sports on § *70. There shall be no shooting, hunting, fishing, sport- i1ngjaboring';&^ iHg, playing, horsc-racing, gaming, frequenting of tippling- prohibued. houscs, or any unlawful exercises or pastimes, on the first day of the week, called Sunday ; nor shall any person travel on that day, unless in cases of charity or necessity, or in go- ing to or returning from some church or place of worship within the distance of twenty miles, or in going for medical aid or for medicines, and returning, or in visiting the sick and returning, or in carrying the mail of the United States, or in going express by order of some public officer, or in remov- ing his family or household furniture when such removal was commenced on some other 'day ; nor shall there be any ser- Exceptions. yilc laboring or Working on that day excepting works of neces- sity and charity, unless done by some person who uniformly keeps^ the last day of the week, called Saturday, as holy time, and does not labor or work on that day, and whose la- bor shall not disturb other persons in their observance of the first day of tl e week as holy time. Every person being of the age of fourteen years, offending against the provisions of this section, shall forfeit one dollar for each offence. Goods not to be § 71. No pcrsou shall expose to sale any wares, merchan- Boid on Sunday; ^.^^^ ^_^^ hcrbs, goods or chattels, on Sunday, except meats, milk and fish, which may be sold at any time before nine of the clock in the morning; and the articles so exposed-for sale shall maybesdzed ijc forfeited to the use of the poor, and may be seized by vir- aud forfeited „ , i • i • ^- r .i tue of a warrant for that purpose, which any justice ot the peace of the county, or mayor, recorder or alderman of the city, is hereby authorized to issue, upon a conviction of the offender. When seized, they shall be sold on one day's no- (93) 2 R. L. 195, ^ 5 ; 193, ^ 2 & 3. SUPREME COURT COMMTSSIONER. 759 tice being given, and tlie proceeds shall be paid to the over- seers of the poor of the town or city. § 72. No keeper of an inn or tavern, or of anv ale-house, Liquor not to be ^ 1^ . ^^'^ ^'^ Sunday. or porter-house, or grocery, nor any other person authorized to retail strong or spirituous hquors, shall on Sunday, sell or dispose of any ale, porter, strong or spirituous liquors, ex- cepting to lodgers in such inns or taverns, or to persons ac- Exception, tually travelling on that day in the cases allowed by law. Every person offending against this provision, and being thereof duly convicted, shall forfeit the sum of two dollars and fifty cents. SUPERVISORS. Revised Statutes, Vol. 1, p. 368. Sect. 1. Mayor, recorder and aldermen to be supervisors. ^ 1. § 17. The mayor, recorder and aldermen of the city of New-York. New- York, shall be the supervisors of the city and county of New- York ; and all the provisions of this article shall be construed to extend to them respectively, except where spe- cial provisions inconsistent therewith, are or shall be made by law, in relation to the city and county of New- York. (13) Supreme Court Commissioner. CHAP. CXXVIII. AN ACT relating to the Supreme and Circuit Courts. Passed April 13, 1832, p. 188. § 3. No person acting as supreme court commissioner in the city of New- York, shall be authorized to make any order or do any act relative to suits pending in the supreme courts but in the absence from the city of New- York, or sickness of the circuit judge of the first circuit, such duties may be performed by the first judge of the common pleas, or re- corder of the city. (13) 2 Revised Laws, 399, $ 150; Laws of 1823, p. 398, $ 20, 760 SURROGATES.— SWINE. Revised Statutes, Vol. l.p. 382. ARTICLE SIXTH. Bond; Penalty. Sufficiency of sureties. OF SURROGATES. Sect. 87. Surrogates to give bond ; penalty thereof. 88. Clerk of county to judge of sufficiency of sureties, ^ § 87. Every person, hereafter appointed to the office of surrogate of any county, shall, within twenty days after re- ceiving notice of such appointment, execute to the people of this state, with two or more sureties, being freeholders, a joint and several bond, conditioned for the faithful perform- ance of his duty, and for the application and payment of all monies and effects that may come into the hands of such sur- rogate in the execution of his office. The bond of the sur- rogate of the city and county of New- York, shall be in the penal sum of ten thousand dollars ; of every other surrogate in the sum of five thousand dollars. (45) § 88. The clerk of the county for which such surrogate shall have been appointed, shall be the judge of the suffi- ciency of the sureties ; and in case he shall be satisfied by the oath of the sureties, or otherwise, that they are good and sufficient, he shall endorse on the bond, a certificate of his approval, and file such bond in his office, there to re- main a matter of record. (45) SWINE- [Forty-Fourth Session. — Vol 5, c.p. 63.] CHAP. LXXI. Sect. 1. Powers of corporation in regard to swine. AN ACT concerning Swine in the City of New-York. Passed February 27, 1821. § 1. Be it enacted by the People of the State of New-York corporation in represented in Senate and Assembly, That it shall be lawfu' regard to swine. (45) Laws of 1820, p. 65, $ 2, 6. TAXES— COLLECTION OF, '5^61 for the mayor, aldermen and commonalty of the city of New- York in common council convened, or the major part of them, to make and establish, from time to time, such laws and or- dinances as they may deem necessary for the purpose of preventing swine from running at large in any of the streets, alleys, lanes and public places in the said city, and for im- pounding or forfeiting all swine which shall be found so run- ning at large in said city, for such uses and purposes as the said mayor, aldermen and commonalty of the city of New- York in common council convened, may direct. TAXES—Collectioii of. 5ect. 1. Sales for taxp? may be postponed fifteen niunthb. 2. Notice of postponement. 3. Sales how and by wlioni made. 4. Payments. 5. Act wJien to take ctfect. 0. Board of assessors. 7. May adjourn, &c. 8. May make rules, &c. 9. Assessment rolls to be compared. 10. Alterations made by vote. 11. Fair copies to be made. 12. Book of minntcs. 13. Supervisors to examine roils. 14. Pay of assessors. 15. Tavern keepers to give names of boarders. IG. Penalty. 17. Duty of assessors. 13. Supervisors of New-York, tlieir powers and duty. 19. Exemption from taxation. 20. Manner of collecting tax. 21. Provision as to other acts. 22. A certain sectiim extended and assessments declared a lien. 2}. Regulations as to raising and filling up lots. 21. Provision where lands taxed are held by more than one owner. 25. Redemption of lands sold. 2G. Interest when cliargeable on tax. 27. When 14 per cent, to be added on delinquents paying. 28. Taxes how to be levied. * 29. Proceedings where taxes remains unpaid. ^ 30. Lands may be sold for a term of years. 31. Sale may be when warrant of distress issued. 32. This act not to prevent sale of goods. 33. Former provisions shall apply to arrears of taxes. 34. How to be credited. 3.5, 3G. Certain sections of a former law repealed. 37. Mayor, recorder and aldermen to be supervisors of the city of N. Y. 38. Chamberlain to be treasurer of the city, and subject, &c. 39. Kow monies received by him shall be paid. 40. How many to constitute a quorum of supervisors. 41. Penalty on supervisors fof neglect of duty. 42. Collectors of taxes when to pay and exhibit their asaessment roil. 96 im TAXES — coLLEGTiorf or. Sales may be postponed 15 months. Notice thereof. CHAP. II. AN ACT to amend an Act passed April 12th; 1816, entitled " An Act for the more effectual collection of taxes and as- sessments in the City of New-York:' Passed January 13, 1830. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 1. § 1. It shall be lawful for the mayor, aldermen and com- monalty of the city of New- York, wlienever they shall deem it expedient, by a resolution to be passed in common council, to suspend or postpone aiw sale or sales of lands and tene- ments, or any portion thereof, which shall have been adver- tised for sale in pursuance of the second section of the act hereby amended, to any time not exceeding fifteen months from the day specified in any such advertisement. 2. § 2. All sales which shall be postponed or suspended by virtue of this act, shall be made without further advertise- ment other than a general notice of such postponement, to* be published in two or more of the public newspapers in the city of New- York, at Ifeast once a week until the time of sde ; and such sales, when made, shall be as valid and ef- fectual as if the same had taken place at the time for that purpose' first advertised. Sales how and by whom made. 3. § 3. AS sales of lands and tenementsr for assessments' under and by virtue of this act^ or of the act hereby amended, may hereafter be conducted by the street commissioner of the city of New- York, or by his assistant or deputy ; and all such sales for taxes may hereafter be conducted by, the comp- troller of the said city, or by his assistant or deputy ; and it shall not be necessary to employ a public auctioneer for any such sales. paymtnts, 4. ^ 4. All advertisements hereafter to be published prior to any sale of lands and tenements for taxes or assessments, in pursuance of the provisions of the second section of the act hereby amended, shall require the owner of such lands and tenements to pay the amount of such tax or assessment, with interest and charges, as specified in the said act, tc? TAXES — COLLECTION or. 76f such person 'or persons, to be named in such advertisements, as may be appointed by the common council to collect the same, instead of the treasurer or chamberlain of the said city^ as by the said act hereby amended is directed. 5. § 5. The provisions of this act shall be in force and take Act when to tak« effect from and immediately after the passing thereof. CHAR CCCVII. AN ACT to amend an Act passed April 6th, 1825, entitled " An Act respecting the collection of Taxes in the city of New-York:' Passed April 20, 1830. The People of the State of New-York^ represented in Senate and Assembly, do enact as follows : 6. ^ 1. It shall be the duty of the assessors annually cho- Bojird of a«ie». sen in the several wards of the city of New- York, before ^"' they proceed to assess the property in their respective wards, to meet together in the City Hall of the said city, at eleven o'clock in the forenoon, to wit : in the present year, on the first Tuesday of May next, and annually thereafter on the first Tuesday after they shall have been sw^orn into office, and then and there to appoint from among themselves a pre- sident and secretary, and to organize themselves into a board for the transaction of business, to be called the general board of assessors. 7. § 2. The said general board of assessors shall have Their powe«. power to adjourn to meet again at such time and place, and from time to time, as they may think fit; and the secretary thereof shall keep a regular book of minutes of all the pro- ceedings of the said board. • 8. § 3. It shall be the duty of the said general board of To make miw. assessors, either at their first or at any subsequent meet- ing, before the members thereof proceed to assess property in their respective wards, to adopt such rules or by-laws as may, in their opinion, be best calculated to produce equality 764 TAXES—COLLECTION OF. and uniformity in the different valuations of property and assessments in the several ward^. Assignment roiia 9. § 4. After the Several assessment rolls for all the v^^ards to be compared. r i • i • 01 the said city shall have been completed by the assessors for each ward respectively, and before fair copies thereof are made for the inspection of the inhabitants of the said wards respectively, it shall be the duty of the president of the said general board of assessors, to convene the members thereof; and the said board shall thereupon examine and compare the said several assessment rolls, for the purpose of ascertaining whether the valuations in one ward bear a just relation to the valuations in all the wards of the said city ; and they may increase or diminish the aggregate valuations of real estates in any ward, by adding or deducting such sum upon the hundred as may, in their opinion, be* necessary to produce a just relation between all the valuations of real es- tate in the said city ; but they shall in no instance reduce the aggregate valuations of all the wards below the aggregate valuation thereof, as made by the assessors of the said wards respectively. Alteration made 10. § 5. The Said flfcneral board of assessors shall have by vote. ^ ^ _ power, by a vote of the majority of all the assessors, to al- ter or correct any such assessment roll by increasing or di- minishing the valuation of any property or assessment there- in contained. fair eopieatobe H. § 0. After the Said assessmciit rolls shall have been so "^'^^^' examined and compared, or altered or corrected, the same shall be returned to the assessors of the several wards respec- tively, who shall cause fair copies thereof to be made out and left with one of their number, and shall proceed thereupon to give notice according to law, of their having completed ^ such assessments. Bookofminuteg. 12. § 7. It shall be the duty of the secretary of the said general board of assessors, to deliver to the supervisors of the city of New- York, at their first annual meeting, the book of minutes of the proceedings of the said board, and to at- tend before the said supervisors when required. TAXES— COLLECTION OF. '^^ 13. § 8. The supervisors of the said city shall, at their ^^^;»^Re-^^^^^^^^^ annual meetings, examine the assessment rolls of the several wards, for the purpose of ascertaining whether the valuations in one ward bear a just relation to the valuations in all the wards of the said city ; and they may increase or diminish the a'Tf'-reo-ate valuations of real estates in any ward, by ad- OC3 o ... ding or deducting such sum upon the hundred as may, in their opinion, be necessary to produce a just relation between all the valuations of real estates in the said city ; but they shall in no instance reduce the aggregate valuations of all the wards, below the aggregate valuation thereof as made by the assessors. 14. § 9. The compensation to be allow^ed to assessors payor assesaors and collectors of taxes in the city of New- York, for their services, shall be determined by the supervisors of the said city, at such time or times as they may think proper. 15. § 10. All keepers of taverns, boarding-houses, and Tavem-keeptrs, , , , , . , . , , &r. to pivc tlie Other house-keepers, upon their being requested by any as- names of boaru- sessor of the ward in which such tavern, boarding-house or other house may be situated, shall give such assessor -a true account of all persons boarding or lodging, or being tenants in such house, and their several names, if known; to the end that any such person liable to taxation, maybe assessed according to law. 16. § 11. If any person of whom such information is de- p<.nany. manded, shall refuse to give the same, or shall wilfully give erroneous account, such person shall forfeit and pay one hundred dollars to the collector of such ward, who may sue for and recover the same, with costs, in any court having cognizance thereof; and the sums so recovered shall be ap- plied to make good any delinquency in the collectors of taxes in such ward. 766 TAXES— COLLECTION of. [Forty-Eighth Session, fol 7, a. p. 123.] CHAP. LXXXIIL AN ACT respecting the Collection of Taxes in the City of New-York. Passed ApnhS, 1825. DiityofasgessorB. 17. § I. Be it enacted by the People of the State of New- York, represented in Senate and Assembly, That the assessors annually chosen in each ward in the city of New- York, shall on or before the fifth day of May next, after being chosen, proceed to assess the property in their respective wards ac- cording to law : and shall complete their assessments ac- cording to law, on or before the fifth day of July next fol- lowing, and make out one fair copy thereof to be left with one of their board ; and shall thereupon according to law, give notice of their having completed such assessments, and that a copy thereof is left with one of their number, (naming him) where the same may be seen and examined by any of the inhabitants during ten days, and that they will meet at the expiration of the said ten days, at a place in the said no- tice to be specified, to review their assessments on the ap- plication of any person conceiving himself aggrieved ; and such proceedings shall thereupon take place as is by law provided ; and such assessors shall sign the said assessment roll and deliver the same, on or before the first day of Au- gust next ensuing, to the comptroller of the said city, who shall deliver the same to the supervisors of the said city at their next meeting ; and that for any neglect, omission or re- fusal to perform the requiren:ients of this section, the par- ties ofiending shall be liable to the penalties mentioned in the eleventh section of the act of April 23, 1823, entitled " An act for the assessment and collection of taxes." Supervisors of N. 18. § II. And be it further enacted. That the mayor, re- York. aad pow- ^^^^^^ ^^^ aldcrmcu of the city of New- York, shall be the ' supervisors of the said city, and as such shall annually, on the third Tuesday of August, meet together at the City Hall of the said city, or at such other places or at such other times as they shall find necessary, and shall examine the se- veral assessment rolls, and equalize and correct the valua- TAXES COLLECTION OF. 767 tions, and do and perform all other things and acts required by law, and shall cause the assessment roll of each ward when corrected according to law, or a fair copy thereof, to be delivered to the collector of each of the said w^ards, on or before the first day of October thereafter, with warrants an- nexed, directing and requiring them, respectively, to collect the several sums therein mentioned according to law, and to pay the same to the chamberlain or treasurer of the city, on or before the first day of April thereafter, or at such shorter periods as the mayor, aldermen and commonalty of the city of New- York :in common council convened, shall or may appoint or require. 19. § III. And he it further enacted, That the exemption Exemption frosi f ■ r .11 ,- ,1 r • taxation, &c. from taxation of any building for public worship, or any school, under and by virtue of the third section of the said act of the 23d of April, 1823, entitled " An act for the as- sessment and collection of taxes," shall not extend or apply to any such buildings or premises in the said city, unless the same shall be exclusively used for such purposes, and exclu- sively the property of a religious society, or the New- York Free School Society. 20. § IV. And be it further enacted^ That if any person shall Manner of coi-' refuse or neglect to pay the sum or sums at which any real estate, owned or occupied by him or her, or his or her per- sonal estate in the city of New- York, shall be taxed, the col- lector of such tax is hereby authorized and required to levy the tax on the real estate by distress and sale of the goods and chattels, either of the persons owning or occupying the same, or of any goods and chattels in the possession of either such person, wheresoever the same may be found in the said city; and the tax on the personal estate of any person may be levied and collected in like manner, by distress and sale of the goods and chattels of the person taxed, wherespever the same may be found in the said city. 21. § V. And be it further enacted, That nothing contain- rrovision a« ta ed herein, or in the act, entitled, " An act for the assessment ^^^^^ ^'^^• and collection of taxes," passed the 28d day of April, 1823, or any law in addition or amending the same, shall be deem- ed or construed to repeal or affect any of the provisions of ^68 TAXES AND ASSESSMENTS. the act, entitled " An act for the more effectual collection of taxes and assessments in the^city of New- York," passed April 12th, 1816, nor the 21st, i50th, 151st, 152d, 153d, 154th and 155th sections of the act of the 9th of April, 1813, entitled "An act to reduce several laws relating par- ticularly to the city of New- York, iato one act," excepting as it relates to the time of annual meeting prescribed in the aforesaid 150th section: And furllier, That under the said 155th section, the common council therein mentioned, may, as well as the chamberlain or treasurer, require the collec- tors to pay the moneys by them from time to time collected, as often as they may deem necessary, under the like penalty therein mentioned. [Forty -Seventh Session. — Vol. 6, c. p. 39.] CHAR LXXXI. AN ACT to amend an Act, entitled ^^ An Act to reditce seve" ral Laws, relating particularly to the City of New- York, into one act,''^ passed Ajjril 9, 1813. Passed February 21, 1823. I'lTanibie Whereas doubts havc aHscn whether the two hundred and seventieth section of the act above mentioned applies to all the laws and ordinances of the mayor, aldermen and commonalty of the city of New- York, in common council convened, touching any acts, works, or labor to be done and performed, and improvements to be made in the said city, which under that act, or any other act or acts of the legisla- ture, they are authorized to pass, order and direct, and the expenses of which may be estimated and assessed on the owner or occupants of all the houses and lots intended to be benefited thereby, by skilful and competent disinterested persons appointed by the said common council : There- fore, A certain section 22. § I. Be it encictcd by the Peop)le of the State of New- York, represeritcdin Senate and Assembly, That the provisions of the above section shall apply to all and every the laws, ordinances, orders, and directions which the said corporation are authorized to make under and by virtue of any part or TAXES AND ASSESSMENTS. 769 section of the aforesaid act, or of any other act or acts of the egislature ; and that the two hundred and seventy-first sec- tion shall in like manner apply thereto, and that assessments for any such expenses, with interest, may be made as direct- ed in and by the one hundred and seventy-fifth section of said act, and shall be a real encumbrance upon the houses and lots, lands and tenements therein mentioned, which may be sold for any such assessment thereon, and every remedy and proceeding had for the collection thereof, according to the provisions of an act entitled " An act for the more effectual collection of taxes and assessments in the city of New- York," passed April 12, 1816, and any act amendatory thereof. 23. § II. And be it further enacted, That it shall and may be Regulations as to lawful for the said mayor, aldermen and commonalty, in all up iota, cases where they may deem it necessary for the more speedy execution of any by-law or ordinance requiring the owner or joint owners, agent or joint agents, lessee or joint essees, and occupant or joint occupants of any lot or lots, to fill up or raise such lot or lots forthwith upon the passage of such by-law or ordinance, or at any time thereafter, when they may deem it expedient to cause such lot or lots to be filled up or raised, at their own expense, on account of such owner or owners, agent or agents, lessee or lessees, and oc- cupant or occupants respectively ; and the said mayor, al- dermen, and commonalty shall have full power, and are hereby authorized to levy the same, with lawful interest and all reasonable costs and expenditures attending such proceedings, by distress and sale of the goods and chattels of such owners, agents, lessees or occupants, or to recover the amount of every such expense, by action of debt, in any court of record, from the persons respectively on whose account the same shall have been incurred, their respective heirs, executors, or administrators ; in all which actions they shall also recover lawful interest upon the said amount, with full costs of suit. And further. That the amount of the mo- Amount declared nies which the said mayor, aldermen, and commonalty shall have advanced for the above purposes, with lawful interest for the same, shall be deemed a lien on such lot or lots, and that such lot or lots may be sold therefor, according to the provisions of the said act for the more effectual collection of taxes and assessments in the city of New- York, or any act 97 •770 TAXES— COLLECTION or. amendatory thereof, in the same manner as if the said amount ' and interest had been charged on^ the said lot or lots by vir- tue of an assessment. CHAP. CXLIX. AN ACT to amend an act, entitled ''An act for the moreef^ fectual collection of Taxes, and Assessments, in the City of New-York:' Passed March 23, 1821. sFs'^wS 'randa ^^' ^ ^' ^^ ^^ euactcd bij the People of the State ofNew-Yorkf inoS* ^'■^^••^id by represented in Senate and Assemhy, That if a sum of money, owner. f^ gross, has been or shall be assessed or taxed, upon any lands or premises in the city of New- York, by virtue of any Jaw of this state, any person or persons claiming any divided or undivided part thereof, may pay such part of the sum of money so assessed or taxed, and also of the interest and charges due or charged thereon, as the mayor, aldermen and commonalty of the city of New- York, in common council convened, ma}^ deem to be just and equitable, and the re- mainder of the sum of money so assessed or taxed, together with the interest and charges, shall be a lien on the residue of the land only, which may be sold in pursuance of the pro- visions of the act entitled " An act for the more effectual collection of taxes and assessments in the city of New- York," to satisfy the residue of such assessment or tax, in- terest and charges, in the same manner which it could have been, provided the residue of said assessment or tax had been imposed upon the residue of said lands and tenements : Provided always, That nothing herein contained shall be so construed as to release the occupant of any such premises from his liability to pay assessments and taxes upon the whole of the premises, which he is or shall be in the occupa- tion of. Redemption of 25. § II. And he it farther enacted, That the proprietor of any lands, sold or which shall be sold for taxes or assess- ments in the city of New- York, in pursuance of the provi- sions of said act, shall not be permitted to redeem the same within the two years mentioned in the said act, unless he TAXES DELINQUENTS PAYING. '''^l shall pay to the street commissioner of the city of New- York, for the use of the purchaser, his executors, administra- tors, or assigns, in addition to the sum which such purchaser shall have paid for the same, at the time of sale, by virtue of said act, all such sums of money which the said purchaser shall have paid since the sale of said lands for taxes or as- sessments on the same, and also for the costs and charges attending the advertising of the same, and all other costs and charges thereon, together with the interest thereof, at the rate of fourteen per centum per annum, from the time of making such payments. 26. § III. And be it further enacted, That the owner of ,i"^«''^st when ■^ ♦^ ' chargeable on a any lands or tenements in the city of New- York, upon whom, ^^x. or on whose lands, any assessment has been or shall be made or imposed, who shall neglect, or has neglected, to pay the same, for the space of sixty days, after the said assessment was or shall be confirmed according to law, shall be liable to pay inierest thereon, at the rate of seven per centum per annum, to be calculated from the time of the confirn^ation of jaid assessment. [Forty-Third Session, Vol. 5, h. p. 69.] CHAP. LXXXII. AN ACT to enable the May 07% Recorder and Aldermen of the City of New-York, to raise Money by a Tax. Passed March 10, 1S20. 27. § lY. And be it further enacted. That whenever any tax h per cent, to be . . 1 ' 1 '"ifltled to delin- of any description, on the estates, real and personal, ol the quema in paying, freeholders and inhabitants of, and situated within the said city, shall remain unpaid on the day upon which the col- lectors are limited bylaw to account for the collection of the same, and the collector of the ward in which the same shall be charged, shall make such affidavit in relation to the said, tax, as is specified in the eleventh section of the act, enti- tled, " An act for the assessment and collection of taxes," passed April 5th, 1.812, an interest after the rate of fourteen per cent, per annum, to be calculated from the date of the bond of the collector of he ward in which the same was 772 TAXES— COLLECTION of. rormertaxes. charged, sliall be added to the said tax: And further, That &c. how enforo- .,,,/, ^ , ^ * «d. it shall be lawful to enforce the collection of the said taxes and interest, and also all taxes heretofore imposed upon the personal estate of the inhabitants of said city, in the manner prescribed in and by the act, entitled ''An act for the more effectual collection of taxes and assessments in the city of JNew-York," passed April 12th, 1816. [Thirty -Ninth Session, Vol. 4, a, 113.] CHAP. CXV. AN ACT for the more effectual Collection of Taxes and As- sess nents in the City of New-York. Passed April 12, 1816. Taxes hew to be 28. § I. Be' it enacted by the People oj the State of New-York, represented in Senate and Assembly, That whenever any tax, of any^description, on lands or tenements in the said city, shall remain unpaid on the day upon which the collectors are limited by law to account for the collection of the same, and the collector of the w^ard in which the same shall be charged, shall make such affidavit in relation to the said tax as is spe- cified in the eleventh section of the act entitled " an act for the assessment and collection of taxes," passed April 5th, 1813, it shall be lawful for the mayor, recorder and alder- men of the said city, or any five of them, of wdiom the mayor or recorder shall be one, to issue a w^ari'ant under their hands and seals, directed to, and requiring some proper per- son to levy the said tax, by distress and sale of the goods and chattels of the owner or owners of such lands or tene- ments respectively, wheresoever the said goods and chat- tels may be found in the said city, together w^ith the costs and charges of such distress and sale, rendering the over- plus, if any, to the person or persons whose goods and chat- tels shall be so distrained and sold. Proceedings in 29. § II. And be it further enacted, That w^henever any MmaiDunpa?d^^^ such tax shall remain unpaid as aforesaid, and the collector shall make such affidavit as is above ; and also wherever and whenever any assessment upon any lands or ten^njents, in TAXES— COLLECTION OF. 773 the said city, hath heretofore been or hereafter shall be made and confirmed according to law, and the amount of such as- sessment hath not been or shall not be collected: the collector shall make affidavit of his demanding the money two several times of such ow^ner or owners of the said lands or tenements as may reside in the said city, and that they have neglected , or refused to pay the samcj or shall make affidavit that the owner or owners of any such. lands or tenements cannot, upon diligent inquiry, be found in the said city, then and in any such case it shall and may be lawful for the mayor, al- dermen and commonalty of the city of New-York, to take order for advertising the said lands and tenements, or any of j^JJ^ ^'^ '** p"^" them, for sale, in two or more of the public newspapers print- ed in the said city, for three months, once in each week.; and by such advertisements the owner or owners of such lands and tenements respectively, shall be required to pay the amount of such tax or assessment so remaining unpaid, to- gether with interest thereon, at the rate of seven per cent, per annum (the interest on said tax to be calculated from the time of making the above mentioned affidavit, and the inter- est on such assessment to be calculated from the time of the confirmation of the said assessment) to the time of payment, with the charges of such notice and advertisement, to the treasurer or chamberlain of the said city ; and notice shall be given by such advertisements, that if default shall be made in such payment, such lands and tenements 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 or persons shall offer to take the same, in consideration of advancing the said tax or assessment, and the interest thereon as afore- said, to the time of sale, and together vnth the charges of the above mentioned notice and advertisement, and the hereinaf- ter mentioned certificate, lease and advertisement, and all other costs and charges accrued therecn: And if, notwith- i-cnds mny be standing such notice, the owner or owners shall refuse or yca.s!^'^'^ ^"" ° neglect to pay such tax or assessment, with interest as afore- ^^ said, and the charges attending such notice and advertise- ment, then it shall and may be law^ful to and for the said mayor, aldermen and ccmmonalty, to cause such lands and tenements to be sold at public auction, for a term of years, for the purpose and in the manner expressed in- the said ad- vertisements ; and such sales shall be made on the day for 774 TAXES— COLLECTION of. that purpose mentioned in the said advertisements, and shall be continued from day to day, if necessary, until all the lands and tenements, so advertised, shall be sold : And the said mayor, and commonalty shall give to. the purchaser or purchasers of any such lands and tenements, a certificate, in writing, de- . scribing the lands and tenements so purchased, the term of years for which' the same shall have been sold, the sum paid therefor, and the time w^hen the purchaser will be entitled to a lease for the said lands and tenements : And the mayor, al- dermen and commonalty of the city of New- York, shall at least six months before the expiration of two years after any such sale, cause an advertisement to be published, at least once in each week for four weeks successively, in the news- paper printed by the printer to this state, and in one of the public newspapers printed in the city of New- York, in suck form as they shall deem best calculated to give notice of such sale ; and that unless the lands sold be redeemed by a cer- tain day they would be conveyed to the purchaser : And if the person claiming title to the said lands and tenements, or some one on his or her behalf, shall not within two years from the date of the above mentioned certificate, pay t'o the street commissioner of the city of New- York, for the use of the purchaser, his executors, administrators or assigns, the sum mentioned in such certificate, together with the interest there- of, at the rate of twenty per centum per annum, from the date of such certificate, the mayor, aldeniien and commonalty of the said city, shall at the expiration of the said two years, , execute to the purchaser, his executors, administrators or as- signs, a lease, under the common seal of the said city, of the lands and tenements so sold, for such term of years as the same shall have been sold ; and such lease shaH be conclu- sive evidence that the sale was regular, according to the pro- visions of this act: And such purchaser or purchasers, his, her, or their executors, administrators and assigns, shall, by virtue thereof, and of this act, lawfully hold and enjoy the said lands and tenements, in the said lease mentioned, for his, her or their own proper use, against the owner or owners thereof, and all claiming under him, her or them, until such purchaser's term therein shall be fully complete and ended: And the said purchaser or purchasers, his, her or their executors, administrators and assigns, shall be at liberty to remove all the buildings and materials which he, TAXES— COLLECTIOPf OF. 775 she or they shall erect or place thereon, during the said term, within one month after the expiration of the said term, but leaving the lands and tenements, with the streets fronting the same, in the order required by the regulations of the com- mon council : Provided always, That no such proceedings proviso. by advertisement and sale, as aforesaid, shall take place un- der any assessment heretofore made and confirmed, unless in cases where the same now is a lien or charge on the lots assessed. 31. § III. And he it further enacted, That the above men- saiemayhe ., Til- 11 1 ^ made notwitJi- tioned proceeding by advertisement and sale, mav take place standing a war- r ^ ^ . ^ .1 " . , rant of distreB* m any case or such unpaid tax, as is above mentioned, not- issued, withstanding a warrant of distress may have been issued for the collection thereof, in the manner above mentioned, in case the whole or any part of such tax shall be uncollected thereupon. 32. § IV. And be it farthS^ enacted, That this act shall not Tins act not to , , "ill"/' prevent the sale be construed to prevent the collection of any assessment or of goods, &c. assessments by distress and sale of the goods and chattels of the owner or owners, occupant or occupants of any lands or tenements therein or thereby assessed. 33. § V. And be itfitrther enacted, That all the provisions Former provi- herein before made, relative to the sale of lands and tene- ?i°a?rca^jy^ ments, within the city of New- York, for unpaid taxes, shall apply to all such taxes charged on lands and tenements within the said city, as shall appear by the returns of the respective collectors, at any time heretofore to have been in arrear. 34. § V. And be it further enacted. That whenever the ar- Howtobecred- rearages of any tax shall be collected, in manner aforesaid, the same shall be carried to the credit of the ward in which it shall be charged. sections 35. § VI. And be it further enacted, That the one hundred certain and fifty-sixth, one hundred and fifty-seventh, one hundred repeaier*^ '^^^ and fifty-eighth,, two hundred and fifty-ninth and two hundred and sixtieth sections of the act entitled " An act to reduce several laws relating particularly to the city of New-York, 776 TAXES-<^OLLECTION OF. into one act," passed April 9th, 1813, be and the same here- Proviao. by are repealed : Provided hoiceS)er, That such repeal shall not effect any act done, or proceedings had or commenced under the said sections hereby repealed ; but every such act and proceeding shall remain as valid as if the said sec- tions had remained in full force: And provided particularly, That the proceedings for the sale of certain lands and tene- ments, for certain unpaid assessments, which are now pend- ing, shall and may proceed, be continued and completed in « the same manner as if this act had not been passed, but the said two hundred and fifty-ninth section of the said act had remained in full force. [Thirty -Eighth SessioUy Vol. 3, c. 151.] CHAP. CXLIX. . AN ACT relative. to Taxes and Assessment in the City of New-York. Passed April 11, 1815 Whereas the mayor, aldermen and commonalty of the city of New- York, have, by their memorial, represented that a compliance with the law requiring taxes and assessments in the said city to be registered in the office of the register in and for the said city, would be not only very expensive, but also altogether- unnecessary, and have therefore prayed that the said law may be repealed, and whereas the said prayer appears reasonable : Therefore, Certain sections § 36. Be it cnactcd by the People of the State of New-York, Repealed. represented in Senate and Assembly, That the one hundred and sixty-second, and one hundred and sixty-third sections of act, entitled "An act to reduce several laws relating par- ticularly to the city of New- York into one act," passed April 6th, 1813, so far forth as the same relate to any assess- ment, tax, charge, debt, duty or demand whatsoever, in fa- vor of or payable to the mayor, aldermen and commonalty of the city of New- York, be and the same hereby are re- pealed. TAXES— COLLECTION OF. *i^1 [Thirty-Sixth Session.— Vol 2, p. 399.] CHAP. CLXXXVI. AN ACT to Reduce, ^^c— Passed April 9, 1813. COLLECTION OF TAXES. 37. § CL. And he it further enacted, That the mayor, re- l]^JZdelmen^tl corder and aldermen of the city of New- York, shall be the su- fhVdty of New^ pervisors of the said city, and as such shall annually on the ^^^''• second Tuesday of July, meet together at the city-liall of the said city, and at such other times and places as they shall find necessary, and examine and ascertain what sums of mo- ney are by law imposed on the said city in that year, for the J^^^^'^^^y'^*^° maintenance of the poor, for defraying the contingent charges of said city, and for other purposes, and shall cause the same to be raised, levied and collected in the said city, in the manner as the contingent charges of the several coun- ties of this state are directed to be levied and collected, by the act, entitled " An act for defraying the public and ne- cessary charges in the respective counties of this state," and the same shall in like manner be paid to the chamberlain of the said city ; And the said mayor, aldermen and common- alty, and chamberlain shall respectively proceed relative thereto in like manner, and subject to the like restrictions and regulations as the supervisors and treasures of the other counties of this state are by the said act respectively re- quired to do in relation to the contingent charges of the said counties. 38. § CLI. And be it further enacted, That the chamberlain chamberlain to ■^ ./ ' be treasurer of of the said city shall, in respect to all monies so to be levied ^^^l^' *"<^ subject J ' -t^ tolikeregulationw and collected, and also in respect to all monies to be levied ?^ °^^^'' '^"""'^ ' ^ treasurers. and collected in the said city, for the use of this state, per- form the like duties as the treasurers of the several counties of this state, are by the said act required to do and perform, and be accountable in like manner to the said mayor, recorder and aldermen, as the supervisors of the said city, and once in every year, between the third Tuesday of November and the first Tuesday of December, and at such other times and at such places as the said mayor, recorder and aldermen 98 778 TAXES COLLECTION OP. shall direct, exhibit to them his book of accounts, and all vouchers relating to the same, to "be examined and audited ; and shall also before entering upon the execution of his of- fice, give the like security by bond, to the mayor, aldermen and commonalty of the said city, and the obligors in such bond, their heirs, executors or administrators, shall jointly and severally be liable to be prosecuted on such bond, and such chamberlain shall also be liable to such other actions, and in the like cases, as the said treasurers of the other counties are respectively liable to by the said act, and the monies recovered in any such action shall be paid and applied in the like manner ; and in case of the death, resignation or removal from 6ffice of such chamberlain, all the books and papers belonging to his office, shall be delivered to his suc- cessor in office, upon oath, in like manner as in the case of the death, resignation or removal from office of the treas- urer of any other county, and upon refusal or neglect, so to do when lawfully demanded, every person so refusing or neg- lecting shall forfeit the like penalties to the mayor, alder- men and commonalty of the said city, to be recovered and applied in lihe manner as in the case of such refusal or neg- lect, on the death, resignation or removal from office of the treasurer of any other county. How monies ra- 39. § CLII. And be it further enacted, That all monies which ceiven bv him •hall be paid. shall comc to the hands of the chamberlain of the said city, for the maintenance of the poor, and for defraying the other contingent expense^ of the said city, or for any other purpose in the said city, and for any penalties or forfeiture incurred by virtue of this act, and appropriated hereby to the use of the said city, shall be paid by him to such persons and in such manner as the mayor, aldermen and commonalty of the said city in common council convened, by warrant under the hand of the mayor or recorder of the said city, presiding in - such common council, shall from time to time direct ; and His salary. ^\^q gg^jfj chamberlain shall be entitled to retain for his servi- ces, the sum of five hundred dollars per annum ; and he shall Annually to pub- aunuallv ou the first Monday in December, publish in one or lish an account •' •' \ of receipts and jnorc of the public newspapers in the said city, a statement of all monies received by him, for the use of the said city, and the purposes to which the same have been applied, as mentioned in such warrants. TAXES— COLLECTION OF. 779 40. § CLIII. And be it further enacted, That it shall be How many to ' ♦^ , constitute quo- lawful for the mayor, recorder and aldermen of the said citv, mm of supcrvi-. •' " sors. or any five or more of them, .of v/hom the mayor or recorder shall always be one, to do and perform every act which the said mayor, recorder and aldermen, are by this act authoriz- ed or required to do in relation to taxes, and all questions at any meeting shall be determined by the opinion of the m.a- jority of the members attending the same. 41. § CLIV. And be it further enacted, That if any mayor, ^rj;';;^^;^^^^^^^ recorder or aldermen of the said city or county of New- York, ^^ ^*^*y- shall wilfully neglect or refuse to perform any of the duties required of him by the four last preceding sections of this act, he shall for every such offence incur the like forfeiture as in the case of such refusal or neglect by any supervisor in the other counties of this state, by virtue of the said act, and to be recovered and applied in like manner. 40. § CLV. And be it further enacted. That the collectors collectors of „ ... 1 "^ r-vT \7- 1 1 11 n taxes whento pay of taxes m the city and county of New-iork, shall severally monies (•oiiened on the first Monday of each and every month, and oftener if thereunto required by the said chamberlain or treasurer, pay to the said chamberlain or treasurer the monies by them from time to time collected, and shall exhibit to him their respective assessment rolls whenever they shall be so re- And exhibit their ^ 1 1 1 1 r 1 assessment rolls. quired to do by the said chamberlain, for the inspection of the mayor, aldermen and commonalty aforesaid, under the pe- nalty of two hundred and fifty dollars for each default in the Penalty fomeg . , , „ . , . . ^lect. premises, to be sued lor in any court having cognizance oi the same ; and it shall be the duty of the said mayor alder- ^n^JJ^nlTp'ropria?- men and commonalty in common council convened, to prose- ^^■ cute for the same, and to appropriate such penalties when recovered to the support of the poor of said city. 780 VAGRANTS. Enumeration of vagrants. Revised Statutes, Vol. 1, p. 632. TITLE II. OF BEGGARS AND VAGRANTS.* Sect. 1. Persons enumerated who are to be deemed vagrants. 2. Constables when required, to carry vagrants before magistrates. 3. Authority of magistrates; 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 themselves, live without- employmemt ; 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, high- ways, passages, and other public places, to beg or receive alms, shall be deemed vagrants. (24) To be brought be- ^ ^- ^^ ^^^^^^ be tlic dutv of cvcrv constablc or other peace- fore magistrates. Qfl^cer, whcnevcr required by any person, to carry such va- grant before a justice of the peace of the same town, or be- fore the mayor, recorder, or any one of the aldermen of the city in which such vagrant shall be, for the purpose of ex- amination. Proceedings. When vagrants to be sent to county poor- house, when to jail. § 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 cit)^ for any time not exceeding six months, there to be kept at hard labor ; or if the offender be an improper person to be sent to the poor- * Vide Title " Police," act of 1833, p. 602. So early as 13th of May, 1691, V. S. Vol. 1, p. 4, an act was passed in relation to " maintaining the poor and preventing vagabonds." The subsequent enactmenls may be lound in Jones &. V. Vol. 2, p. 2^21 .Gr. Vol. 2, p. 52. K. & R. Vol. 1, p. 123. (24) 1 R. L. 114, $ I. VESSELS SUBJECT TO QUARANTINE. "^^l house, then he shall be committed to the bridewell or house of correction of such city or county, if there be one, and if none, to the common jail of such county, for a term not ex- ceeding sixty days, there to be kept, if the justice think pro- per 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 solicit- iVo^^'^dJit'w^Th"*' ing 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 tiie support of the poor, there to be detained, kept, employed and instructed in such useful labour as such child shall be able to perform, until discharged there- from 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. VE§.§EIjS— Siil>ject to quarantine. Vide Title " public health," p. 608. Revised Statutes, Vol. 1, p. 49. § 8. No vessel subject to quarantine in the port of New- Certain vessel York, shall proceed beyond the place of quarantine on Staten- Jagc- Island, to the village of Brooklyn, without a permit from the health officer of the city of Ncw-Yo.k, § 9. The master of every such vessel arriving in the vil- Duty of maBter.. lage of Brooklyn, simll within six hours after such arrival, de- liver the permit of the health officer to the president of the board of health of the village, or to such person as he shall direct. § 10. Every master who shall violate the provisions of either of the last preceding sections shall be deemed guilty of a misdemeanor, punishable by fine or imprisonment, or both, in the discretion of the court by which he shall be tried ; the Penalties. 782 WEIGH MASTERS^THEiR duty. fine for each offence not to exceed two hundred and fifty dol- lars, nor the imprisonment six months. VICE CHANCELLOR. Sec. 1. To reside in the city of New- York. 2. To be of the degree of councellor, appointment and salary. 3. Jurisdiction of. CHAP. XVI. AN ACT to establish the Office of Vice Chancellor of the First Circuit, Passed January 28, 1831, p. 12. The People of the State of New -York, represented in Senate and Assembly, do enact as follows : § 1. There sliall be an officer of the court of chancery, who shall reside in the city of New- York, and be denomina- ted the vice chancellor of the first circuit. § 2. He shall be of the degree of councellor of the court of chancery; shall be appointed in the same manner, and liold his office by the same tenure as the circuit judges, and shall receive an annual salary of two thousand dollars, to be paid quarterly out of the general fund of the state. § 3. After the first day of May next, he shall have and exercise the jurisdiction and power, and perform the duties which by the Revised Statutes or otherwise, are conferred upon or required to be performed by the circuit judge of the first circuit, as a vice-chancellor of the court of chancery ; and as to such jurisdiction, powder and duties, shall be sub- stituted in the place of the said circuit judge, and all the pro- visions of law which are applicable to the said circuit judge, as a vice chancellor, shall be considered as applying to the vice chancellor of the first circuit, to be appointed under this act. WEIGH MASTERS—Tlicir duty. 1. WeigJi masters to be appointed and their oath. ACT to reduce, <^c.— Passed April 9, 1813,;?. 437. Corporation to 1. § CCXX XVIII. And bc it further enactdd, That the said maC^^'^*'' mavor, aldermen and commonalty, may appoint as many i WEIGHTS AND MEASURES. 783 weighmasters for the said city as they shall from time to time think necessary, and the same displace and appoint others in their stead whenever they may think proper, and also fix and alter the compensation to such weigh masters : and every weigh master so by them to be appointed, shall, before he enters upon the duties of his office, take and sub- scribe the following oath, or affirmation, before the mayor or recorder, of the said city, viz : "I, , do solemnly and sincerely swear Their oath, (or affirm, as the case may be,) that I will faithfully and hon- estly, to the best of my skill and understanding, perform the duties of a weigh master in the city of New-York." WEIGHTS ANI> MEASURES. Revised Statutes, Vol. 1, p. 608. TITLE II. OF WEIGHTS AND MEASUERS. 1. But one standard of weights, &c. throughout the state. 2, 3. 'Standard yard established and precisely defined. 4. Standard yard how to be prepared ; how restored in case of loss. 5. Yard to be divided into feet, inches, &c. 0, Rud, pole or perch ; furlong and mile defined. 7. Acre liow to be measured ; its contents. 8. Standard weight to he the pound ; definition of ounces. 9. Standard pound how to be made; how restored in case of loss. 10. Pound divided into ounces; definition thereof. 11. Standard of raeasuies of capacity, to be the gallon ; definition thereof. 12. Standard gallon how to be made; how restored in case of loss. 13. Ail other measures of capacity to be derived from gallon. 14. Definition of the standard bushel. 15. i6. Bushel to be the standard in heaped measure; how made aud heaped. 17. Dry commodities not heaped, how to be measured, &c. 18. Future contracts to be construed in reference to standards herein established. 19. How liquors paying duties to U. S. may be sold. 20. Original standards where toTie deposited. 21. 22, 23. Copies of standards to be made ; how distributed and compared. 24, 25. Devices to be impressed on copies; how to be recorded. 20. Town sealers to compare ;-opies once in three years. 27. Weights ^nd measures when to be sealed and marked. 28. Fees of sealers. 29. Sealer resigning, &c. to deliver to successor all standards in his possession. 30. Like delivery by representatives of sealer dying. 31. 32. If not delivered, successor to sue ; rule of damages, &c. 33. Liability of persons using weights, &c. not conformable to this Title. S".. Surveyors to make oath to accuracy of chain used by them. 35. Plundred r/eight and ton defined. 36. Standard weight of certain grain established. 37. Load in Kings county, &c. 38. Fees of measurers. 39. Common council of Xew- York may appoint inspectors, &c. 40. Duties and fees of inspectors, &:c- 784 WEIGHTS AND MEASURES, Weights, &€. to § 1, There shall be but one standard of measure of len ^' ' appointed. Pass- for thc mavor, aldcrmeu and commonaltv of the citv of New- ed Marrli 27ih, J ■ * .- 1821, vol. 5, p. 70, York, in common council convened, to appoint an inspector of weights and measures, and as many sealers of weights ,and measures as they may deem proper, in the city and coun- ty of New- York, and at pleasure to remove him or them from office, and to appoint others in their places. f)utiosandffe.sof § 40. V. Aud he it further enacted. That it shall be lawful inspectors and '^ ^t^^'^'^'ow ^^- for the mayor, aldermen and commonalty of the city of New- York, in common council convened, from time to time to pass such by-laws and ordinances as they may deem proper for regulating the duties and fees of the said inspector, and of the sealers of weights and measures, and for imposing such penalties for using weights and measures and scale-beams, (8) 1 R. L. 377, § 10. (9) Laws of 1821, p. 26, $ 3. (10) 1 R. L. 152, ^ 3. WEST STREET. "^^l which shall not have been inspected and sealed, in conformi- ty to such by-laws and ordinances, as the said common coun- cil may from time to time pass and ordain upon the subject : Provided, such by-laws and ordinances shall not be repug- nant to the constitution and law^s of this state or of the Uni- ted States* WEST-STREET. Sect. 1. West-street made a permanent exterior street. 2. Plan of may be changed. CHAP. CXLIX. AN ACT relative to improvements in the City of New-York, relating to West- Street. Passed March 31 ,1828, p. 163. Tile People of the State of New-York, represented in Senate and Assembly, do enact as follows : 1 § I. West-street, along the North or Hudson river, as laid out and approved by the mayor, aldermen and common- alty of the city of New- York, shall be the permanent exte- rior street on the North or Hudson river, from the present northerly termination of West-street to its intersection wdth a continuation of the Great Kil! Road ; and that all grants made or to be made by the said mayor, aldermen and com- monalty, shall be construed as rightfully made to extend thereto, and all the provisions of the act, entitled " an act to reduce several laws relating particularly to the city of New-York into one act," passed April 9th, 1813, and the several acts amendatory thereof, and in addition thereto, shall be construed to apply to said West-street herein and hereby made the permanent exterior street as aforesaid. CHAP. VIII. AN ACT relative to the Line of West- street, between the Al- bany Basi:i and Battery Place, (late Mar he tfield- street,) in the City of New-York. Passed January 18, 1830, p. 8. The People of the State of New-York, represented in Senate and Assembly, do enact as follows : 2. § I. It shall be lawful for the mayor, aldermen and com- monaltv of the city of New- York, whenever West-street "5^92 WELLS AND PUMPS. shall be made between the Albany basin and Battery place, (late Marketfield-street,) in the said city to alter the plan or direction thereof, as heretofore laid out, approved of or agreed upon, in such manner that the line thereof shall run parallel with the line of Washington-street, and that the easterly side thereof shall be one hundred and eighty feet distant from the westerly side of Washington-street, at the termination of the said streets, or Battery place, (late Mar- ketfield-street,) in the said city. WELI.S AMD PUMPS. [Thirty -Seventh Session. — Vol 2, p, 425.] Sect. 1. Wells and pumps to be made and expenses of. , 2. Overseers of wells and pumps to be appointed. 3. Duty of overseers. 4. Penalty for neglect of duty. 5. Overseers to account. 6. Penalty for persons damaging pumps, how recovered. Act to reduce, <^c. — Po.ssed 1813. ., 1. § CC. And he it further enacted, That whenever in the fjommon council ^ -^ ' am?^"um"'g^"o be <^pi^ic>n of the mayor, aldermen and commonalty of the said made. City, in commou council convened, it shall be expedient to make a public well or pump in any street or road of the said city, it shall be lawful for the said common council, to order the same to be done accordingly, in such manner and at such Expense, jimv placc as thcv shall think most advisable, and the expense estimated, assess- ^ *^ n u •«d and paid. thereof shall be estimated and assessed among all the own- ers or occupants of the houses and lots of ground intended to be benefitted thereby, in the manner directed in and by the one hundred and seventy-fifth section of this act, and shall be binding and conclusive in the manner therein prescribed, and shall be collected in the manner therein directed, or in the manner directed in the two hundred and fifty-ninth sec- tion of this act. Overseers of 2. § CCI. And hc it further enacted, That it shall and may tTbeappoiS!" be lawful to and for the mayor, recorder and aldermen, or any five or them, whereof the mayor or recorder to be one, and they are hereby directed and required on the first Tuesday in May tiext, and on the first Tuesday in May in every year thereafter, to nominate and appoint one or more fit person WELLS AND PUMPS. 793 or persons, for each and every of the wards of the said city, being inhabitants of the said city, and actually resident in such respective wards, to be overseers of the w^ells and pumps in such respective wards, for the year next ensuing ; all which persons so to be appointed as aforesaid, shall have the care andcharge of all and every the public wells and pumps, which now are or hereafter shall bs sunk or made in the ward for which he or they shall be so severally appointed overseers as aforesaid, of which appointment so to be made, the said may- or or recorder with three or more aldermen, shall, within three days thereafter, send notice in writing, to each and every of the said persons so by them to be appointed over- seers as aforesaid, and if any public well or pump shall stand in a street where two wards do join, then the aldermen of the two wards so joining, or if they disagree, the mayor or recorder with them, shall direct and appoint which of the overseers shall take the care and charge of such well or pump ; and if any public well or pump shall stand in a street where three wards do join, that then the aldermen of the said wards so joining, or the major part of them, shall direct and appoint which of the said overseers shall take the care and charge of such w^ell or pump. 8. § CCIT. And be it further enacted. That each and every Duty of over- person so to be appointed overseer as aforesaid, shall within eight days next after his being so appointed, and notice there- of to him given as aforesaid, cause all and every the w^ells and pumps whereof he is or shall be appointed overseer as aforesaid, to be viewed, examined, cleansed, and put in good order and repair, and shall so keep and maintain them from time to time as long as he shall continue overseer thereof, and shall also from time to time cause new pumps to be put in such wells as the alderman and assistant of the ward shall iudffe necessarv ; and in case anv one or more of the overse- Vacancies how ** " " , *" filled, ers to be appointed by virtue of this act, shall remove out of the said city, or shall die before the expiration of one year next after his being appointed, or being appointed shall refuse to act, that then and in either of the said cases, it shall and may be lawful to and for the said mayor, recorder and aldermen, of the said city, or any five of them, whereof the mayor or re- corder to be one, by a majority of voices to appoint another or others in his or their room and stead, and so as often as iOO 794 WELLS AND PUMPS. Overseers t« keep true ac such case shall happen '. And further, That all and every the duu"e8°^ ^''P^"' overseers to be appointed by the said mayor, recorder and aldermen, by virtue of this act, shall keep just, fair and exact accounts of all and every sum and sums of money which they or any of them shall pay and expend in, about and to- wards the cleansing, maintaining and keeping in good repair the w^ells and pumps in his or their charge. Penalty for ncg- 4. § CCIIL And he it further enacted, That in case any or either of the overseers, so to be appointed by virtue of this act, shall neglect or refuse to accept the office, or having accepted thereof, shall neglect or refuse to do his duty there- in, as is required by this act, every such person shall, for every such refusal, neglect or delay, forfeit the sum of twelve dollars and fifty cents, lawful money of this state, to be re- How rceovcrcd CO veered by action of debt, with costs of suit, in any court and appropriated r -xi • i • i- • • i r i withm this state havmg cognizance thereof, by any person or persons w^ho shall sue and prosecute the same to effect ; one half of which forfeiture, when recovered, shall be paid to he treasurer or chamberlain of the said city, for the time being, and applied towards repairing such public wells and pumps in the same manner as the other monies to be raised for that purpose are directed to be appropriated, and the other half to the person w^ho shall sue and prosecute for the same to effect as aforesaid. V Overseers to ac- 5. § CCIV. And he it further cuacted, That the overseers montiis. "^ of the public wells and pumps in each of the wards of the said city, shall once in every three months render to the may- or, aldermen and commonalty of the said city of New-York^ in common council convened, a just and true account upon oath, of all and every sum and sums of money by him or them respectively paid and expended in and about the cleans- ing, amending and repairing the wells and pumps aforesaid, together with the vouchers and receipts for the same, to be by them inspected, examined and filed, and the said common council of the city of New- York, shall thereupon forthwith issue their warrant, to be signed by the mayor or recorder presiding at such common council, directed to the treasurer or chamberlain of the said city, for the time being, and re- quiring him to pay to such overseer so producing vouchers WELLS AND PUMPS. 7di 5ind making oath to his account, the full amount thereof, out of any monies remaining in his hands for such purpose. And whereas, divers disorderly persons have frequently been guilty of cutting well-ropes and breaking the handles of pumps, and doing other mischief to both, for prevention whereof for the future. 6. § CCY. Be it further enacted, That if any person or fo^„"f^^;^° Pf/j persons shall wilfully or maliciously cut any of the public pumps, &«. well-ropes, or break or injure the handles thereof, or do any other hurt or damage to any of the said wells or pumps, and shall thereof be convicted before the mayor, recorder, or any one of the aldermen of the said city, either by the confession of the party or parties so offending, or by the oath of one or more credible witness or witnesses, he, she or they shall for every such offence forfeit the sum of five dollars, to be re- covered with costs of suit, and levied by warrant under the How recovered, hand and seal of such mayor, recorder or aldermen, before whom such offender or offenders shall be convicted, one half of which forfeiture to be paid to the treasurer or chamber- lain of the said city, for the time being, to be applied as afore- said, and the other half to the person or persons who shall prosecute for the same to effect ; and upon refusal of pay- ^jj^.^l^f"**"'^"''*/' ment of such forfeitures or forfeitures, and want of sufficient f"."J">'"^'^ ^o distress whereon the same can be levied, then the mayor, re- corder or aldermen, before whom such conviction shall take place, is hereby empowered ancl required, by warrant under his hand and seal, to commit every such offender to the bride- well or house of employment of the said city, there to re- main without bail or mainprise, for the space of one month, or until such forfeiture and costs shall be paid ; and if such offence shall be committed by any apprentice, servant or slave, such forfeiture shall be paid by his or her master, mis- ***'•"'■ ''*^'* *"' tress or owner, or in default thereof, such apprentice, ser- vant or slave shall be committed to the bridewell or house of employment of the said city, in manner aforesaid. 795 WHARFAGE AND CRANAGE. WHARFAGE A^D CRANAGE. Sect. 1. Rates of wharfage. 2. Wharfage while vessels are repairing or careening. 3. how collected. I 4. Vessels fastened to another. 5. Persons liable to pay wharfage. 6. Wharfage may be levied by distress. 7. Rates of cranage. 8. Collection of wharfage in the village of Brooklyn. Act to reduce, ^c. — Revised Laws, Vol. 2, p. 429. Passed April 9th, 1813. Rates of wharf- 1. § CCXII. And be it further enacted, That it shall be law- age. ful for the owners of w^harves in the city of New- York, to ask and receive to their ow^n use, the following rates of wharf- age for all ships and vessels using their wharfs respectively* that is to say, for every vessel under the burthen of fifty tons, at the rate of fifty cents per day ; for every ship or other vessel of the burthen of fifty tons and under the burthen of one hun- dred tons, at the rate of sixty-two and a half cents per day ; for every ship or other vessel of the burthen of one hundred tons, and under the burthen of one hundred and fifty tons, at the rate of seventy- five cents per day ; for every ship or other vessel of the burthen of one hundred and fifty tons and under the burden of two hundred tons, at the rate of eighty- seven and an half cents per day ; for every such ship or oth- er vessel of the burthen of two hundred tons and under the burthen of two hundred and fifty tons, at the rate of one hun- dred cents per day ; for every ship or other vessel of the bur- then of two hundred and fifty tons, and under the burthen of three hundred tons, at the rate of one hundred and twelve and an half cents per day ; for every ship or other vessel of the burthen of three hundred tons and under the burthen of thafee hundred and fifty tons, at the rate of one hundred and twenty-five cents per day ; for every ship or other vessel of the burthen of three hundred and fifty tons and under the bur- then of four hundred tons, at the rate of one hundred and thirty-seven and an half cents per day ; for every ship or other vessel of the burthen of four hundred tons and under the burthen of four hundred and fifty tons, at the rate of one dollar and fifty cents per day ; for every ship or other vessel of the burthen of four hundred and fifty tons, and under the burthen of five hundred tons, at the rate of one hundred and WHARFAGE AND CRANAGE. 79T sixty-two and an half cents per day ; for every ship or other vessel of the burthen of five hundred tons and under the bur- then of five hundred and fifty tons, at the rate of one hundred and seventy-five cents per day ; for every ship or other ves- sel of the burthen of five hundred and fifty tons and under the burthen of six hundred tons, at the rate of one hundred and eighty-seven and an half cents per day ; for every ship or other vessel of the burthen of six hundred tons and upwards, to pay twelve and an half cents in addition for every fifty tons in addition to the rate last mentioned, for every da}' such ship or vessel shall use or be made fast to any of the said wharves. 2. § CCXIII. And be it further enacted, That whenever anv wharfago of . "^ • vps.urpose8. ^j^^'j. ^gent or legal representative, and the said common council shall treat with such persons for the same, and if any such person shall refuse to treat for such ground, it shall be lawful for the mayor or recorder and any two or more alder- men, by precept under their hands and seals, to command the sheriff of the city and county of New- York, to empannel and Damages sus- Tetum, and he is hereby required to empannel and return a iwwassessed!' jury to appear before the mayor's court of the said city, at any term thereof, not less than three weeks from the date of such precept, to inquire and assess the damages and recom- pense due to the owner or owners of such ground, and at the WHARVES, PIERS AND SLIPS. SOI same time to summon such owner or owners, or his or their agent or legal representative, by notice to be left at his or their most usual place of abode, to appear before the said court at the time«and place in such precept to be mentioned, which jury 'being first duly swom faithfully and impartially to inquire into and assess the damage in question, and hav- ing viewed the premises, if necessary, shall enquire 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 accor- ding to their several interests and estates therein, and the verdict of such jury and the judgment of the mayor's court thereupon and the payment of the sum or sums of money so awarded and adjudged- to the owner or owners thereof, or tender and refusal thereof, siiall be conclusive and binding against the said owner and owners, his and their respective heirs, executors, administrators and assigns claiming any es- tate or interest of, in or to the same ground, and it shall thereupon Be lawful for the said mayor, aldermen and com- monaltv, to cause the same OTound to be converted to and used for the purposes aforesaid. 2. § CCXX. And he it further enacted, That it shall be law- com. council to ful for the said mayor, aldermen and commonalty, to lay out, a^iiVwimJves' as far as the same has not already been done, and according and Hudson* to' the plan agreed upon for that purpose, regular streets or "^^ wharves of the width of seventy feet in front of those parts of the said city which adjoin to the East river or Sound and to the North or Pludson's river, and of such extent along those rivers respectively as they may think proper ; and that as the buildings of the said city shall be further extended along the said rivers, if shall be lawful for the said mayor, aldermen and commonalty, from time to time to lengthen- and extend the said streets and wharves. 3. § CCXXI. And be it further enacted, That the said streets u^^ ^^^j . made and completed, according to the ^^''^""' ^^^^ or wharves shall be said plan by and at the expense of the proprietors of land adjoining or- nearest and opposite to the said streets or wharves, in proportion to the breadth of their several lots, by certain days to be for that purpose appointed by the said mayor, aldermen and commonalty : and that the respective 101 streets and whnrvesto be made and ad- joining lots tilled up. S02 AVHARVES, PIERS AND SLIPS. proprietors of such of the said Ipts as may not be adjoining to the said streets or wharves, shall also fill up and level at their own expense according to such plan and by the said days respectively, the spaces lying and being between their said several lots and the said streets and wharves ; and shall upon so filling up and levelling the same be respectively en- titled to and become the owners of the said intermediate spaces of ground in fee simple. fa^use su'irio";^ ^- § CCXXLI. And be it further enacted, That if any of the d^efa^uuof pm- ^^^^ proprietors shall neglect or refuse to fill up and level Eover eipenseT ^"^^^ intermediate spaces of ground, by the said days to be /romthsm. g^^ ^^ aforcsaid appointed, it shall be lawful for the said mayor, aldermen and commonalty, to cause the same to be done for and on behalf of the said proprietors, and to charge them with the expense, and if the said proprietors respec- tively shall not repay the said expense, with lawful interest, from the times of the expenditure within one year and six months after the demand for that purpose made by the said mayor, aldermen and commonalty, or any person on their be- half, it shall be lawful for the said mayor, aldermen and com- monalty, to levy the same, together with the interest thereof, and all reasonable costs and expenses attending such pro- ceedings, by distress and sale of the goods and chattels of such proprietors or the occupants of the said lots respectively, or to recover the same from the said proprietors respectively, by action of debt in the supreme court of this state, wherein it shall be sufficient to allege generally that the defendants respectively are indebted to the said mayor, aldermen and commonalty, in a certain sum, for money expended on their account by virtue of this act, and in such action any less sum than the one declared for may be recovered, and full costs shall be taxed for the plaintiffs if judgment shall be given in their favor. Sums expended ^' § CCXXIII. And be it farther enacted, That the said prietor^!to^be-° sums SO to bc cxpeuded on behalf of the said proprietors, tome a lieu on ^^^^ every sum which hath heretofore been assessed among the owners or occupants of any houses and lots in the said city, by virtue of the act, entitled " an act for regulating the buildings, streets, wharves and slips in the city of New- York," passed the sixteenth of April, one thousand seven WHARVES, PIERS AND SLIPS. S03 hundred and eighty-seven, or by virtue of an act, with the same title, passed the third day of April, one thousand eight hundred and one, and not refunded, or shall hereafter be as- sessed by virtue of this act, shall be a lien or charge upon the houses and lots in respect to which such assessments shall have been made, and shall bear lawful interest until paid, and shall be entitled to a preference before all other incumbrances upon the same, and may be sued for and recov- Hofr r»o«Tore*. ered with costs, in like manner as if the said houses and lots were mortgaged to the jnayor, aldermen and commonalty, for the payment thereof: Provided always^ That nothing pwtUo. herein contained shall extend to charge any such houses or lots which may have been bona fide sold and disposed of after the making of such assessment thereon, and before the third day of April, one thousand seven hundred and ninety-eight. 6. 6 CCXXIV. And he it further enacted, That it shall be corporation to ^ , direct piera to b« lawful for the said mayor, aldermen and commonalty, to n.ade byowneri •^ •'of the adjolnme direct piers to be sunk and completed, at such distances and lots, i caiao*^ ^ ' ' Rep. 543. in such manner as they in their discretion shall think proper, in front of the said streets or wharves so adjoining and ex- tending along the said rivers, and the said piers to be con- nected with the said streets or wharves by bridges, at the expense of the proprietors of the lots lying opposite to the places where such piers shall be directed to be sunk, and by such days and times as the said mayor, aldermen and com- monalty, may for that purpose limit and appoint ; and if the said proprietors shall neglect or refuse to sink or make the said piers and bridges according to the directions of the said mayor, aldermen and commonalty, it shall be lawful for the ,?wne?s*!'?orpoiI!!' said mayor, aldermen and corjimonalty, to sink and make the luc"h 1JS«,"^and same piers and bridges at their own expense, and receive to ''^ ** '*»?'<> '• their own use, wharfage for all vessels that may at any time or times lie or be fastened to the said piers or bridges which they shall so make as aforesaid; or it shall be lawful for the Or may gremt the . , 11 1 II , . , - right to any othtu said mayor, aldermen and commonalty, to grant the right of penwn. making such piers and bridges, and the right of receiving profits thereof, to any person or persons, in fee or otherwise, upon such terms as they shall think proper. ' 804 WHARVES, PIERS AND SLIPS. A common inter- 7. § CCXXV. And he it further enacted, That it shall be est in piers may ' -' ' ner^s'of adSiUn- ^^^^^^^ ^^'^ ^^^^ Said mayoi', aldermeuand commonalty, to grant ^°^^- " to the owners of lots fronting on any of the said streets of seventy ieeX, their heirs and assigns, a common interest in the piers to be sunk in front of such streets, in proportion to the breadth of their respective lots, under such restrictions and regulations, and within, such hmits as the said mayor, aldermen and commonalty shall deem just and proper. covenantB in 8. 6 CCXXVI. And hc it further enacted. That every clause. grants to remain ^ i i • , /- i in force. covcnant and condition, in the several grants of the mayor, aldermen and commonalty of the said city, to the said pro- prietors respectively, or those undar whom they claim, to be kept, observed or performed by the grantees respectively, and their respective heirs, executors, administrators and assigns, shall, notwithstanding this act, retain their full force and va- hdity, and shall be in no manner afiected by the same, or by any thing to be done or performed in consequence thereof, and the said mayor, aldermen and commonalty, shall have, possess and be entitled unto the like payments, rights and re- medies, by virtue of the said grants, as they might or icould have had, or would have been entitled to, if this act had never been passed, and shall not, by the performance of shiy thing herein contained, b3 deemed to have broken or infringed any of the covenants or conditions, on their part, contained in the said grants. No buildings to ^- § CCXXVII. And he it further enacted. That no building ari/Ytreetr and of ^-Uy kind or description whatsoever, other than the said w arves. piers and bridges, shall at any time hereafter be erected upon the said streets or wharves, or between them respectively and the river to w^hich they respectively shall front and ad- join. Corporation to \0, ^ CC^^Wll^ And he it further enacted, That it shall form basins at and mav bc lawful for the said mavor, aldermen and com- tbeir discretion. i ** i • *^ • i i i monalty, at their own expense, to cause piers to be sunk and completed in such places and manner as they shall think eli- gible, between the White-hall-slip and the east side of the Exchange-slip, in the said city, so as to form a basin for the safety and the accommodation of sloops and other vessels using the trade of the said city ; and also, at their ow^n ex- WHARVES, PIERS AND SLIPS. 805 peiise, to cause such and so many other public basms, to be formed and completed in the said city as they may deem ne- cessary for the trade thereof, and to take for their own use ^JaiiJge.'^'* ^^^ the slipage or wharfage arising from the same, any law, usage or custom, to the contrary notwithstanding : Provided Proviso. always, That nothing herein contained shall be construed to deprive any persons who may have made piers by the direc- tions of the said mayor, aldermen and commonalty, in pur- suance of the act, entitled " an actfor regulating the buildings, streets, wharves and slips, in the city of New- York," of any legal right which they may have thereby acquired, or to in- terfere with any private property or right or privilege held under grants of the said mayor, aldermen and commonalty, ■or otherwise. 11. § CCXXIX. And be it further enacted, That it shall and ^nrt',7/^sTobeTe' may be lawful for the mayor, aldermen and commonalty, of ^^i'<]'[//arket''S^ the city of Ne-w-York, to reserve all that part of the water adjacent to the wharves of the said city, from the east side of. Coenties slip, to the west side of VVhite-Hall-slip, for the sole accommodation of sloops and other market vessels using the trade of the said city, from the twentieth day of March to the twentieth day of December, in each and every year, and that during the time aforesaid, no registered or sea ves- sel shall be suffered to use the slips or wharves within the above described limits without special permission, any law, usage, or custom, to the contrary notwithstanding. 12. § CCXXX. And be it further enacted, That in all cases corporation may where the said mayor, aldermen and commonalty, shall think it for the public good to enlarge any of the slips in the said city, they shall be at liberty to have full power so to do, and upon paying one third of the expense of building the necessary piers and bridges, shall be entitled not only to the slipage of that side of the said piers which shall be adjacent to such slips respectively, but also to one half of the wharf- age to arise from the outermost end of the said piers. 13. § CCXXXI. And be it fur titer enacted, That in all in certain cascF^ 1 r .^ • J. c ^ j^ ^ ' ' - corporation may cases where any ol the proprietors oi lots lymg opposite to join with indivi. the places or streets where piers shall have been^or may be pi«'-«^ directed to be sunk, pursuant to the powers contained in the 80G WHARVES, PIERS AND SLIPS. acts last aforesaid, or in this act, shall neglect or refuse to join with the other proprietors invsinking and making such piers and bridges thereunto appertaining, or to pay his or their proportion of the expenses thereof, then, and in every such case, the said mayor, aldermen and commonalty, may, at their election, join with the other proprietors in making and finishing the said piers and bridges and shall become portiorof whS- entitled to the proportion of wharfage which the said pro- ^^*^' prietors so neglecting or refusing would have been entitled to if they had joined in making the said piers and bridges. Notice to sink 14. § CCXXXII. A^id hc It furtkcr enacted, That in all iiiors, how lobe . ... ,. , . , . ^ feiTen. cases a notice to the proprietors of lots inserted in two of the public newspapers printed in the said city for six weeks successively, shall be sufficient notice to all the said pro- prietors of tke directions of the said mayor, aldermen and commonalty, for sinking and completing such piers and bridges, without specifying therein the names of the said proprietors, and an affidavit made before a judge of the su- preme court, or master in chancery, of the due publication of such notice in manner aforesaid, shall at all times there- what shall he after be deemed prima fack evidence thereof, and every such loToiV'ihor^^^ proprietor who shall not begin t!ie making of the said piers with. ^j. |3j.[(jggg by the period for that purpose appointed, or who shall not contribute his proportion towards the expenses thereof, as the same shall accrue, shall be deemed and taken to have neglected and refused to comply with the said direc- tions according to the true intent and meaning of the said last mentioned acts, and of this act. Fcnai-y for dis- 15. § CCXXXIII. Aiid he it farther enacted, That if the charging ballast _ , . *^ , i i n upon wharf or mastcr or owiicr Of anv ship or otner vessel, shall cause to into dock, 1 T 1 r "" in • • be dischargea therelrom any ballast, consisting of earth, gra- vel, or stones, into any dock, or upon any wharf within the said city of New- York, vv'ithout the consent of tlic owner or wharfinger thereof, the master or owner of such ship or other vessel, shall, for every such offence, forfeit and pay to the owner of such dock or v^'harf, two dollars and fifty cents, to be recovered Vv'ith costs of suit, before any court having cog- nizance thereof, in the name of the said owner or wharfinger ; and if the master or owner of such ship or other vessel, having discharged any such ballast upon any wharf, without WHARVES, PIERS AND SLIPS/ »07 consent as aforesaid, and after notice for that purpose in wri- ting, shall neglect or refuse to remove the same, he shall for- feit and pay for every day during such neglect or refusal, the same sum as by law shall be chargeable for the wharfage of such ship or vessel : Provided however^ That no rgentor fac- rrmiso. tor transacting business for any person residing out of or ab- sent from this'state, shall be hable to any penalty imposed by this section, unless an account be delivered to, and the money demanded of, such factor or agent personally, or unless the said account be left on board such ship or vessel with the mas- ter, mate, or one of the hands, belonging to such ship or ves- sel. 16. §CCXXXIV. Andhe it fiwlher enacted, That if any ^^^y^^°' „b. person employed in repairing, sheathing or graving, any ship ^/^J^jJ^^^^"" ^"^'^ or other vessel, being in any dock within the city aforesaid, shall cause anv timber or other thin:;: whatsoever, tendins^ to fill up or obstruct such dock, to be tb.rown into such dock, he shall, for every such offence, forfeit and pay to the owner or whargnger of such dock, the sum of five dollars, to be re- covered in manner aforesaid. 1/. ^CLXXaV. And bcitjartlier enacted, i hat li any incnmijering the wharf in the said city shall be incumhercd with lumber or other articles, so as io incommode tlie loading and unloading of vessels, or the passing and re-passing of carts, the owner or wharfinger thereof shall give personal notice, or notice in writing, to be left at the place of abode of the owner of such lumber or other articles, or his Hictor or agent, to remove the same in a reasonable time, and on neglect thereof, or if the owner of such articles, or his factor or agent cannot be found in the said city, and have no place of residence there- in, the owner or wharfinger of such wharf may remove the same and keep them in custody till the charges of removal and storage of the articles removed be paid. IS.^CCX.'^vXYl. Andheitfitrther enacted, That it shall fj,*^™^;^^"^^^^^^ be lawful for the said mayor, aldermen and commonalty, in anJfJJips'. ^''^'^^' common council convened, to make such by-laws and ordi- nances as they shall from time to time think proper for regu- lating the wdiarves, piers and slips in the said city. 808 WHARVES, PIERS AND SLIPS. AN ACT to amend that part of the Act, entitled " An act to reduce several laws relating particularly to the city of New- York, into one act,'' which relates to Wharves, Piers and Slips. Passed April 7,1820, p 131. 19. § I. Be it enacted hi/' the people of the State of New- York, represented in Senate and Assembly, That if the pro- prietors of the lots of land, or land under water, adjoining and nearest, and opposite to the East River or Sound, and to the North or Hudson river, in the city of New- York, shall not respectively make and complete, in proportion to the breadth of their said lots of land at their own expense, regular streets or wharves, of the width of seventy feet, according to the plan w^iich has been agreed upon for that purpose, by the mayor, aldermen and common- alty of the city of New- York, for the formation and regula- tion of South-street and West-street, by certain days, to be for that purpose appointed by the said mayor, aldermen and , commonalty ; and also fill up and level, at their own expense, according to such plan, the spaces lying and being between their said several lots of land and the said streets and wharves called South-street and West-street, and on a level there- with: that then it shall and may be lawful for the said mayor, aldermen and commonalty, to cause the said streets or wharves and the said intermediate lots or pieces of land, or land under water, or any part thereof, to be executed and done, for and on account of the said pro- prietors respectively, and to charge them with the expense thereof; and if the said proprietors respectively shall not forthwith repay the said expense with lawful interest thereon, from the timeof the expenditure, that then it shall be lawful, for the said mayor, aldermen and commonalty, to levy the same, together with the interest thereof, and all reasonable viPd'"ami''^how costs and charges attending such proceedings, by distress and sale of the goods and chattels of such proprietors, or the occupants of tlie said lots respectively, by virtue of a war- rant to be issued by them for that purpose, to any suitable person, or to recover the same from the said proprietors re- spectively, by action of debt, in the supreme court of this state, wherein it shall be sufficient to allege generally that the defendants respectively are indebted to the said mayor, aldermen andcommonalty, in a certain sum of money expend- eollected. i WHARVES, PIERS AND SLIPS. S09 ed on their account by virtue of this act ; and in such action any less sum than the one declared for may be recovered and full costs shall be taxed for the plaintiffs, if judgment shall be given in their favor. 20. § II. And be it farther enacted, That whenever any such ^^2^. ^adrenied sums of money, or any part thereof, shall not be collected, ^°'^"^^- and the person to whom said warrant shall be directed shall make affidavit of his demanding the same two several times of the respective proprietor or proprietors of such lots of land or of land under water, as may reside in said city, and that they have neglected or refused to pay the same, or shall make affidavit that the proprietor or proprietors of such lots of land cannot be fouixl in the said city, then and in such case it shall and may be lawful for the mayor, aldermen and commonalty of the city o^ New-York, to take order for advertising and selling the said lots of land, or any of them, together with all the rights and privileges thereunto appertaining or belonging, in pursuance of the second section of the act, entitled " An act for the more effectual collection of taxes and assessments in the city of New- York," and the said second section of the said act, shall have the same application, and the like force and effect, to all intents and purposes, relative to the premi- ses which it has in relation to the premises therein men- tioned. 21. § III. And he it further enacted, That evcrv clause, co- covenant., &c. . , " , ^ , in former jrrants venant and condition, in the several grants of the mayor, al- "«* prejudiced, dermen and commonalty of the said city, to the said proprie- tors respectively, or those under whom they claim, to be kept observed, or performed, by the grantees respectively, and their respective heirs, executors, administrators and assigns shall notwithstanding this act, retain their full force and va- lidity, and shall be in no manner affected by the same, or by any thing to be done or performed in consequence thereof; and the said mayor, aldermen and commonalty shall have, possess, and be entitled unto the like payments, rights and Remedies, by virtue of the said grants, as they might or could haVe had, or would have been entitled to, if this act had never been passed ; and shall not by the performance of any thing herein contained, be deemed to have been broken or 102 &c. 810 YORK AND JERSEY STEAM BOAT FERRY. infringed any of the covenants or conditions on the part con- tained in the said grant. CHAP. CCXXII. AN ACT for the tetter regulation of the Wharves, Piers and Slips in the Gity of Nevj-York. Passed April IG, 1230, p. '^42. The People of the State of New-York, represented in Sen- ate and Assemhhj, do enact as follows : 22. § 1. The mayor, aldermen and commonalty of the city of New- York, in common council convened, shall have powder to make or pass such laws. or ordinances, as to them from time to time, shall seem fit ; to designate and appropriate such of the public wharves, piers and slips of the said city, as they may deem expedient, and such private wharves and piers in the said city as the owners tliereof rcspectiveh^ may apply to have so designated or appropriated, for the exclu- sive use of steam-boats, or of any other class or description of ships or vessels ; and to restrain and prohibit any ship, steam-boat, or any other vessel or water craft whatever, from coming into, or lying, mooring, or anchoring at or within any wharf, pier or slip of the said city, except such as may be so designated for their use respectively; and to impose such penalties as they may thmk reasonable and proper, for the violation of such laws or ordinances. York and Jersey Stcjim Boat Ferry Company. [Thirty- Seventh Session. — Vol. 3, b. p. 63.] CHAP. LII. AN ACT to incorporate the York and Jersey Steam-hoai Ferry Company. Skct. 1. A wooden ffiiry house may be creeled. 2. Corporation may regulate the lying of vessels, recover back, . . 132 INDEX. IS Further assesment how made, 132 CONSTABLES & MARSHALS, Fees of, regulated, 63, 64, 132 Jiorid of officers in New-York, 132 Mild^e, . . . .132 How to proceed on an execu- tion from a justice's court, 51 CONVrCTS, Employment of, Certain convicts to be employed at discretion of corporation, 134 CONVICTS, Female, Contract respecting female con- victs, .... 135 Where to be confined, . 135 Under whose direction in New- York, . . .135 CONVICTS, Jnsant^and under a»;e, 136 Keeper of tstate prison to re- port the insanity ofconvicts under their charge, and • have them sent to New- Yoric, . . . .137 When to be returned to pri- son, .... 137 Expense how defrayed, . 137 Under age, to be sent to the house of refuge, . .137 Expense how paid, . . 137 To be raised by tax, . . 138 CORONER, How elected, . . . 548 Cases in which coroner is to summon jury of inquiry, 138 Swearing jury, . . . 138 Subpoena for vvitnesses, . 139 How enforced, . .139 Inquisition of jury, , . 139 Proceedings of coroner, 139 Testimony of vvitnesses, 139 Corouer's inquest, . .140 Fees of coroner, , . 140 Certain officers when to act as coroner, . , ,16 CORPORATION of New-York, 145 Responsible for public adminis- trator, . . . .13 Common council to regulate feee on distress for rent, 140 To pass laws for filling up and regulating grounds, yards and cellars, . . . 141 For filling up lots adjoining rivers, .... 141 For "compelling bulk heads to be made, . . . 141 For filling up slips — cleansing privies and sinks, . . 141 For regulating interment of the dead, . . .141 For regulating boarding-hous- es and taverns, . . 141 For preventing the turning up of new made ground, . 141 Common council to appoint inspector of lots, . . 142 Expense of certain works how to be estimated and assessed, . . . 142 Common council to pay one- third part of the expense for - filling ill slips, . . 142 May cause work done and re- cover expense from parties interested, . , .142 By distress and sale, . . 142 Or by -action of debt, . . 143 Such expense a lien on pro- perty assessed, . . 143 Common council to pass laws prohibiting the sale of arti- cles on Sunday, . . 143 Suppressing gaming houses, 143 Regulating hackney coaches, 143 Taxing aud destroying dogs, 144 Sweeping of chimnies, . 144 May impose penalties for breach of by-laws, , . 144 And direct part to be paid to informer, . . . 144 By-laws to remain in force three years, . . .144 Corporation to raise money for the support of common schools, . . . 127 i;td«— " Streets and Wharves." u INDEX. COSTS In suits brought in the name of the peopie, how appropri- ated, . . . .146 Power of the court of sessions in relation to, . . . 605 COUNTY And State Canvassers, When special election is neces- sary, to give notice theteof, 202 When and how given, . . 202 When signed, . . . 202 COUNTY SUPERINTENDENTS, When rnay bind out infants, 28 To be guardians of servants, 34 Their duties as such, . . 34 Duties with respect to bas- tards, . . . .79 To support mother and child, 73 Penalty for neglect, . . 96 Powers of, respecting luna- tics, .... 448 Powers of, respecting poor, 627 COURTS, Circuit, Four circuit courts each year in New-York, . . .146 By whom and how often ad- journed, . . . 147 Sittings in New-York, and by . whom ordered, . . 147 Clerk of, . . . .147 COURTS of Commom Pleas, To regulate fisheries, . . 288 vide title *' Common Pleas," page 122 COURT For the Correction of Errors, 147 COURTS, Criminal, Jruisdiction of, . . . 148 Time for drawing grand jury, 149 Clerk of the court to appoint a deputy, . . . 149 Clerk of special sessions, du- ties of, . . . . 149 Transcript of convinction and sentence, . . .149 Fines, . . . .150 Transcript not to be filed, 150 Courts where to be held, 150 Commoin Council to assign , other places than the City Hall, for common jails, 150 COURT of General Sessions. 154 Duty of recorder in, . .154 Powers of general sessions, 154 Aldermen to attend, . .154 Terms of court, . .154 COURTS of Record, How directed in New- York, 152 Terms of process, . , 152 Adjournment of such courts, 152 Place of holding when court house destroyed by fire, . 153 Spirituous liquors not to be sold in court, . . 153 Penalty, . . . .153 COURT of Special Sessions, 155 Power of court on requisition of prisoner, . . . 155 When to give bail, . . 155 Officers to form the court, 156 Proceedings, . . .156 Right of appeal, . . 156 When to be made, ■. .166 Proceedings thereon, . . 156 Keeping of minutes of trials, 157 By whom held in iMew-York, 157 Judgments how executed, 157 COURTS, Superior, Name, . 158 Justices, . 159 Terms, . 159 Adjournments, . . 158 Actions, , . 159 Causes and motions. . 159 Salaries, . 159 Seal, . . • . 160 Chrk, . 160 Form of process, . 160 Writs, . 160 Teste, . 160 ■ Restrictions, . 161 Writs of subpoena. . 161 Order for removal of ca uses, 161 INDEX. IS "When and how made, . 161 Copy of order to be filed, 161 Order to stay proceedings, 162 Writs of error, ? . .162 Fees of the clerk, . * . 162 Costs, . . . .162 Judgments, . . . 163 Powers of justices at cham- bers, ". . . .163 Writs of certiorari, . .163 Places of holding court may be ch?inged, . . . 164 Clerk may adjourn court, 164 Transfer of actions, . .164 Suits how brought in, . 165 Special bail, . . .165 Jurors, in . . . ,165 . Act when to take effect, .166 Suits how brought in, . 165 • Hearing of non-enumerated motions, . • .165 D DEAF AND DUMB, 166 Preamble, . ... .166 Corporation created, . 166 Officers to be elected, . 167 Directors, . . .167 Power to make by-laws, . 168 Declared a public act, . 168 Admission of indigent deaf and dumb, . . . 168 Provisions as to those already received, . . .169 Public notice to be given, 169 Certificate to entitle admis- sion, .... 169 Indigent pupils to be provided with board, . . . 170 Power of supervisors in cer- tain cases, . . . 170 Duty of collectors, . .171 Act extended to five years, 171 Powers of directors, . 171 Ten thousand dollars appro- priated, . . . 172 Provided the directors raise a like sum, . . . 172 How applied, . . .172 Further proviso, . .172 Powers and duties of direc- tors, . . . .. 173 Additional pupils to be re- ceived, . . . 173 Expense, . • . 173 Shares of literature fund, 173 Keturn of pupils to be made, 174 Act continued in force five years, . . .174 Central asylum, . . 174 Subject to visjtation from su- perintendent of common schools, . . . 174 DEATHS, in New- York, 175 Physicians and surgeons to per- form certain duties, 686, 175 Penaky for neglect, . 689, 175 Duty of sexton before inter- ing dead bodies, . . 175 Penalty for neglect, . . 176 Regulating the interment of thedeadj . . • 141 DEBT, Abolishing Imprisonment for, Imprisonment for debt abol- ished, . . . . 312 Exceptions, . . . 312 Plaintiff may apply for warrant to arrest detendant, . 312 Evidence to be adduced to the officer in support of appli- cation, - . . . . 312 Warrant may be issued, . 313 How executed, . . . 313 Persons arrested may contro- vert facts on which war- rant issued, . . . 313 Power of officer conducting .s the inquiry, . . . ,313 In what cases defendant may be committed, . . 314 In what cases not to be com- mitted, .... 314 To remain in custody, . 315 Person committed may peti- tion for assignment of his property, . . .315 To deliver list of creditors and inventory of estate, . 316 It INDEX. To serve notice on plaintiffs, 316 Creditors may oppose such application, . . . 316 Officer niay adjourn hearing for thirty days, . .316 Assignees may be appointed, 3] 7 Their right and powers, . 317 General provisions, . . 317 Proceedings in cases of per- sons imprisoned when this act takes effect, . . 31S How imprison'ed persons may proceed, . . .318 Fees, . . . .318 Bond, to what to apply, . 318 Ainount of recovery when bond is forfeited, . .319 Not to apply to debts ,of fifty dollars, . . . .319 Puni;shinent for removing pro perty. 319 Proceedings in cases of con- victions, . . .319 In cases of perjury of wit- nesses, .... 320 In case of bill in equity, . 320 Executions, in what form to be issued, . . 320 Warrant, in what case to issue, .... 320 In cases of non-resident plain- tiffs, . . . .321 Of non resident defendants, . 321 Suits by attachment before justices, .... 321 In what cases to be summon- ed, .... 322 Attachment, how to be served, 322 . Proceedings when personally served, . . . .322 When not personally served, 322 Judgment to be presumptive evidence of indebtedness, 323 Condition of bond, when ex- ecuiion cannot be issued against body, . . . 323 Repeal of three sections of Revised Statutes, . . 323 Costs allowed on two sum- monses only, . . . 324 Certain provisions of Revised Statutes to apply to this act, 324 Persons imprisoned when act takes effect to be dis- chaKged, . . . 324 How ealitled to discharge, . 324 DEEDS, Recording of hij Clerk of Couniy, Deeds to be recorded, and effect of, . . . . 176 Duty of clerk, . . .176 Index to be made, . . 177 Free access to be allowed, 177 Register's duty with respect to the recording of deeds and his fees, . . 178, 179 DEPUTY CLERICS, Deputy clerks to be appoint- ed, ... 149, 179 To take an oath, . *. i80 Powers of, . . .180 Duties of, . . .180 Certain deeds to be recorded by, . . . 696, 178 Register to make an index to each book of record, 179 Fees for recording, 696, 179 df:puty clerk OJ Cily and County, , .179 By whom appDinied, . . 179 To take an oath, ' . .180 Powers of deputy clerk, . 180 Duties and emoluments of, . 180 Clerk in chancery may appoint deputy to perform certain duties, .... 181 DISCHARGE Of persons imprisoned under the act abolishing imprison- ment for debt, . .324 DISORDERLY PERSONS May be committed to the peni- tentiary for six months at hard labor, . . 22, 603 Enumeration of, . 182, 603, 604 Proceedings against ihem, . 183 Surety for good beha- viour, . . . 183, 603 INDEX, 17 Record of conviction and commitnnent, . Breaches of recognizance, Prosecutions iherefor, . Consequences of recovery, . Two justices may discharge in certain cases. Jail keeper to exhibit lists, &c. Court may discharge or au- thorize to bind out, . Effect of indenture,* May commit to jail, Disorderly persons compel- led to work. Expense, how defrayed, Disposition of proceeds, ac- counting for, . , . Proceedings against persons intoxicated, DISORDERLY Practices, . . 186, 603, Discharge of fire arms on cer- tain days. Gaming tables at parades, elections, &c. prohibited, . To be destroyed. Gaming, &c. in taverns and vessels prohibited, . Penalties for, . . How collected, . Penally for riding or driving at a greater speed than five miles an hour, . DISTILLED SPIRITS, Inspection of, Distilled spirits to be inspect- ed, .... Standard, .... Pimishment for adulterating . For altering inspected spirits. Number of inspectors in New- York, . Their duty. Inspection, Fees, • Penalty, Duty of inspector general, To report, . In case of dispute, Fees of, . . 183 188 183 183 184 184 184 184 1S4 185 185 185 eo3 604 186 186 187 187 187 187 603 388 389 389 389 389 390 390 390 390 391 391 391 392 DISTRESS. Certain articles loaned by insti- tutions free from seizure, . 188 A receipt to be taken for said goods, . . . .188 And the evidence thereof, . 189 DISTRICT ATTORNEY, Duty of, ... 419, 562 How appointed, . . . 541 Salary of, . . . . 541 vide " Salaries," DOCKS Harbor masters to enforce the law relative to cleansing, . SOI DOGS Common Council to pass ordi- nances relative to the tax- ing and destroying of, . 164 DRUNKARDS, Habitual, Delivery of liquor to drunkards prohibited, Penalty for disobeying notice, Charge may be contested, Proceedings, Venire, .... Jury, . . Effect of verdict, Costs, . . . *. Overseers how paid for ser- DUELLING, Punishment for fighting duels, 193 Sendftg challenges, &c. 194 ( ffenders to testify, . .194 Disqualification for office, 194 Inhabitants giving challenges out of the State, . , 194 Place of trial, . . .195 Former conviction, . .195 DUTIES On auction sales, . 67 3 IS INDEX. ELECTIONS, General and Special, General elections defined, AVhen held, Duration, Special elections, . Vacancies, How ordered, Proclamation, Elections how held, Inspectors, Governor's election. Publication, When and how given. How signed, Notice to inspectors. Publication, Inspector's notice to electors, 203 Contents, . . . 203 How posted, . . . 203 Board to be formed, . . 204 Chairman, . . . 204 Clerks, • . . .204 Poll opened, . . .205 Adjournment, . . . 205 Ballot, .... 205 Its form, . . . .206 Endorsement, . . . 206 Contents, . , . 206 Stale, . . . .206 Congress, » . . . 206 County, .... 206 Challenges, . . .207 Oath, . . . .207 Challenge as a convict, 207 Ballot boxes, . . .207 Ballots deposited, t . 208 Poll lists, . . .209 Comparison of poll lists, 209 Inspectors to challenge, . 209 To preserve order, . .210 Canvass when made, . 210 " how made, . .211 Proceedings thereat, . 211 Statement of result, .211 Poll list to be destroyed, 212 "What ballots to be preserved, 212 Board how cosmpoed, . 213 197 198 198 198 198 198 199 199 199 199 200 201 202 202 202 Oath, . . , .214 Quorum, : . , . 214 Statement of votes, , , 214 Howcenified, . . 214 Duty of board, . .214 Certificates, . . . 215 Publication, . . . 215 Presidential electors, , 215 If inspector cannot attend his duty, . . . 215 Duty of those who attend, 215 County clerk to deliver state- ments, &c. . . 21& To procure them, . .216 To record them, . . 2l6 To prepare copies, . . 216 liists to Secretary, . .217 To record statements, . 217 Special messengers, . . 217 To notify State canvassers, 218 Charter election. . .233 223, 233, 196 When to meet, Secretary, 213 213 ELECTORS, Qualification of, " of persons of color, 196 Persons convicted of crimes prohibited voting except pardoned, . . . 197 Privileges, . . .197 Oath, . ... 233 Penalty, . . .233 ELECTORS of President and Vice President. TVhen chosen, . .222 How, . . .222 District canvassers, . 222 .Their meeting, . . 222 Their proceeding, . . 222 Election by general ticket 223 Ballot box, . . 224 Duty of county clerk, . 225 ELECTIONS, Special, 234 How to be conducted, . . 234 Provisions as to collectors, 234 EXECUTIVE OFFICERS, Governor and lieutenant gover- nor, . . . 535 In case of equality of votes for governor, . . 636 INDEX. 19 The like for lieutenant gover- nor, . . . 536 Qualifications of governor, 536 State officers how and when appointed, . . 536 Tenure of their office, 537 Treasurer, . . 537 Nomination of State officers, 537 Proceedings in case they • agree, . . . 537 In case they disagree, . 537 State printer, . . 537 Governor's private secretary, &c. . . . 537 EXECUTORS, When may bind out minors, 27 May assign certain indentures with consent, . . 37 When executor, widow, or relative are entitled to let- ters of administration, . 6 F FATHER AND MOTHER Of Bastardsj Proceedings against, 78 to 97 FEES, Assistant justices fees, . 54, 64 Constables and marshals fees, . . . 55, 64 Jurors fees, . . .55 Witnesses fees, . . .55 Inspectors of beef and pork fees, . . . .359 County clerks fees, . .103 Collectors, . . .119 Clerk of oyer and terminer, . 115 Clerk of general sessions, . 115 Clerk of police, . . .115 Clerk of the supreme court, . 116 Constables and marshals, 63,132 Coroner, . . . .140 Clerk of the superior court, . 162 Inspector of distilled spirits, . 390 Inspector of fish, . . 370 Inspector of fish and liver oil, 372 Inspector of fldx seed, . 3h3 Inspector of flour and meal, . 353 Measurer of grain, . . 295 Measurer general, . . 296 Harbour master, . . 300 Inspector of hops, . . 388 Inspector of hides and skins, 308 Inspector general, . . 392 Inspector of pot and pearl ashes, .... 366 Inspector of sole leather, . 385 Inspector of staves and head^ ing, . . . .379 Inspector of tobacco, . 393 Jailor, . . . 495, 399 Inspector of lumber, . 374,376 Justices of the marine court, . . . 493, 494 Jurors, .... 495 Witnesses, . , . 495 Justices of police office, . 597 Clerk, . . . .597 Pilots fees by way of Sandy Hook, . . . .586 Pilots fees by way of Hell Gate, . . . . 688 Fees of pound master, . 652 FENCES, Common Council to regulate, 238 FENCING OF LOTS. vide >' Streets," FERRIAGE, . . . .240 Disputes about, how settled, . 245 Rates to be put up, . . 24J5 Penalty for taking more than lawful ferriage, . . 245 Rates of ferriage, 240 to 243 Larger quantities in the same proportion, . . . 244 Ferriage for articles not spe- cified, . . . .241 Persons refusing to pay, . 245 Corporation of New York en- titled to the ferriage, . 245 ing more than lawful, . 245 Penalty for taking or demand- Ferry masters duties, . . 245 FERRY BOATS How to be employed, . . 246 To be lettered with the own- ers name, . . , 216 Hours of, . . . . 246 20 INDEX. How to be kept, . . 267, 268 Passengers not to be delayed more than five minutes, . 246 lohnbitants of Brooklyn may transport their goods in their own boats, . . 246 FERRY HOUSES, Wooden buildings for ferry houses may be constructed, 249 ERRY MASTER Duties of, . . . .245 Penalties relative to ferries, how ^recovered, . . 248 FIXANCES Of the city, 249 JNew York recital respecting its finances and application, 249 Bonds given by the corpora- lion, .... Certificates to be given, Comptroller's duty, Stock 10 be created, 250 251 281 253 FERRIES Penalty for detaining passen gers. Boats not to be employed in other business, Ptatea of ferriage between JSew York and JNassau Island, .... persons refusing to pay to forfeit triple, . Disputes concerning ferriage, how settled, Corporation of New York en- titled to the ferriage, Penalty for taking more than lawful, .... To post up the rates of fer- riage, .... Ferry boats to be lettered with the owners name. Ferry boats to be employed only on the ferry. Hours of, . Pa sage not to be delayed more than five minutes, . Inhabitants of Brooklyn may transport their goods in their own boats, . . 246 !No person but corporation of INew Yoik to keep ferry, . 247 Number of men to manage a ferry boat, . . . 347 Barges for passengers, . 247 Size of barges, . . . 247 Number ot passengers to be admitted, . . . 247 Harbor master to inspect the boats, .... 248 439 . 239 240 245 245 245 245 245 246 246 246 246 FINES Provisions concerning collecting fines, . . . • 254 Duties of clerks of the courts of record, . . • 254 Duties of the clerks of courts of mon pleas, . . .254 ho w re- FIRES Prevtniion of Buildings to be of hrick and stone, . . . 264,276 Outside and party walls, 264, 275 Roof, . . Timbers, C'himnies, . Front and rear walls, Gutters, . , . Scuttles, Plate pieces. Anchors, Buildings subject to the pro- visions of this act. Buildmgs damaged. paired, . Damages, . Roofs of steeples, &c. Public buildmgs. Privies, Penally, Certain buildings from. Provision of act. Ash holes, . \\ ooden sheds, . Wooden buildings. Penalty, When comrmon sance. Gunpowder, . 204 264 264 264 264 265 265 265 265 . 265 . 266 polas, 266, 275 . 266 . 266 . 266 exempt . 266 . 266 . 267 - . 267 . 267 273, 274 nui- 274, 267, :272 . 267 cu INDEX, 21 Penalty, . . . .268 Powder to be landed from vessels, . •. . . 268 Transshipment of powder, . 268 How to be carried through the strt-ets, . . . 269 Where to be stowed when for- feited, .... 269 Notice to be given of seizure, 269 iSearch warrant may be issued in certain cases and seizure made, .... 269 Actions to recover powder, how and when brought, . 270 This act not to apply to ships of war, .... 270 Seizure of powder during any fire, . . . . .271 Sulphur, and in what quanti- ties to be kept, . . 271 Penalty, . . . .271 Pitch, tar, &c. . . . 272 Suits to recover penalties, . 272 Parts of a former law repeal- ed 275 Buildings fronting Harman- street, .... 276 Said provisions not to apply in cases of leasehold es- tates, .... 276 Buildings erected contrary to this act, to be deemed com- mon nuisances, . . 277 As to buildings already erect- ed, .... 277 Public buildings, and may be covered with boards or shingles, . . . 277 Penalty for firing guns, and in parts of the city, . . 278 How recovered and applied, . 278 JVl aster answerable for offen- ces of his slave, . . 278 Duly of the sheriff', deputy she- riff, constables, &c. in case of fire, . . . .279 Common Council to order in- habitants to provide fire buckets, .... 279 And to impose penalties for neglect, .... 280 Loss of fire buckets, when and how borne by the cor- poration, . . . 280 Lost buckets, to whom to be- limg when found, . . 280 In case of fire the mayor may order buildings to be pulled down, . . . . 280 Damages sustained thereby, how ascertained, . . 281 And to be paid by corporation ^ to persons sustaining loss, 281 Idle and suspicious persons may be removed from fires, 281 Damages for pulling down buildino-s in time of fire, to be borne by the common council, . . . . 281 Common Council to pass or- diiiiinces respecting fires, . 281 Certain buildings required to be fire proof, . . . 282 Proviso, .... 283 A certain section repealed, . 283 Materials for building in cer- tain districts prescribed, . 284 Proviso, .... 284 Certain penalties, . . 204 FIRE AKMS .... 186 Discharging of on certain days prohibited, . . . 186 FIRE BUCKETS, Common Council to order in- habitants to procure, . 279 Loss of, when and how borne by the corporation, . . 280 Lost buckets, to whom to be- long: when found. 280 FIRE DEPARTMENT, Members of fire department, 255 Firemen maimed on duty how provided for, . . , 255 Chief engineer to decide claims, .... 256 Fines, how recovered, . 256 <' recoverable with costs, 256 Competency of witnesses in certain cases, . . , 257 22 INDEX. Fire department continued as a body corporate, . .261 FIRE LIMITS EXTENDED Buildings vvitiiin certain limits to be of stone or brick, . 258 Act passed April 15th, 1815, extended, . . . 2i:S Fire limits defined, . . 259 FfREMEN, Privileges of. Certificates to be signed by clerk of common council, . . 261 Fire department continued as a body corporate, . .261 What term of service, except in certain cases, . .261 To be appointed by common . council, .... 278 Exemptedfrom certain duties, 278 Their names to be registered, 279 Common Council may re- move them, . . . 279 Common Council to make rules for their regulation, . 279 FIRST JUDGE May hold the court of general / sessions, . . . 154 May hold the court of special sessions, . . . 166 May hold the court of oyer and terminer, . . . 556 May hold the court of com- mon pleas, • . . 122 FISHERIES, Use of coculus indicus prohibit- ed, .... 286 Penalty, . . . .286 Penalty for taking salmon at certam times, . . . 286 When fish not to be taken on Sunday, . . . .287 Fishing with seines, &c. on Sunday, . . . .287 Penalty tor violating two last sections, . . . 287 Drift nets in certain waters, . 287 Fishing at Saratoga or fort Millel^s falls, . . .287 Penalty for violating two last sectums, . . . 288 Spearing pike in certain pla- ces, .... 288 Certain nets may be used in Hudson river, . . 288 Poles, &c. connected there- with may be set, kc. . 288 Suits* or penalties, . . 2Sq Powers of common pleas to re- gulate fisheries, . . 288 To [)rescribe penalties, . 2s9 Duration of orders, &c.. . 289 Pre-requisite to any order, . 289 JSotice of application for or- der, . . . . 289 When orders to take efliect, . 290 Expences, by whom paid, . 2^0 FISH, Inspection ojy Fish, when to be inspected, . 367 . Store and yard, . . . 367 Barrels, how made, , . 363 Fish to be salted and brand- ed, .... 368 Proceedings of inspector, . 368 Weight of salmon, . . 369 Shad, . . . .369 Fish in Suff\>lk County, . 369 Penalty, , . \ . 370 Fees, . . . 370, 371 Extra compensation, . . 371 Limitation, . . .371 FISH OIL, Jnspeclion of, Liver oilio be inspected, . 371 Duty of inspector, . . 371 Duty of person offering oil, . 372 Penalty for counterfeiting brands, .... 372 Powers of inspector, * . 372 Fees of inspector, . . 373 Certain oils exempt, . . 372 FISHING, Penalty for fixing nets, &c. in certain places, . . 290 Free hauling places, . . 29 INDEX. 23 Hedges, &c. may be remov- ed, .... 291 Persons prohibited from fishr ing on Sunday, . . 292 Casks, how marked, . . 382 Duly of inspector, . . 382 Penalty, . . . .383 Deputies, .... 383 Prohibition, . . .303 Fees of inspector, . . 383 FLOUR AND MEAL, Inspector of, Flour and meal, when to be in- spected, . . . 347 How packed, . . . 347 Size of casks, . . . 347 How marked and branded, . 347 Inspector to inspect, . . 347 His duty, .... 348 Indian meal, . . . 349 Flour or meal taken from casks in inspecting, . . 349 Flour sold in New York, when to be inspected, . 349 Penalties for shipping flour and meal not inspected, . . 349 Power and duties of inspec- tor, . . • 349, 352 Penalty for selling when tare is undermarked, . . 350 For undermarking tare, &c. 350 For exporting light casks, . 350 For neglect to have flour or meal inspected, . . 350 For counterfeiting marks, . 351 For selling minced flour, . 351 For transporting indian meal on deck, . . . 351 Inspector not to deal in flour or meal, . . . . 351 Inspector to give certificate, 351 Certificate, how endorsed, . 352 Assistants, . . . 352 Fees, .... 353 Repeal, . . . . 353 FOREIGN CONSULS . To be noticed by public admi- nistrator previous to the takifig out letters of ad- ministration of the effects of foreigners, . . 9 FLAX SEED, Inspection of, Flax seed to be inspected, How put up, FORFEITURES. vide title. '* Penalties," 382 382 230, 573 G GAME, Killing of heath-hens, quails, partridges and wood-cock, at certain times, Penalty, .... Evidence of having incurred penalty, Kilhng musk-rats prohibited at certain times. Suits for penalties, &c. GAMING HOUSES, Common Council to suppress, GAMING TABLES, At parade, elections, hibited. To be destroyed. &c. pro- 292 292 293 293 293 143 186 187 GENERAL and Special election, 197 GENERAL PROVISIONS, Inspection, Articles not claimed, . . 395 To be sold at auction, . 395 Account of sale to be ren- dered, .... 395 Inspector to report, , . 396 Report to be accompanied by oath, .... 396 Aflidavit required, . . 396 Penalty for neglect, . . 396 Penalty for delaying to in- spect, . . . .397 Punishment for fraud, . 397 Opposing inspector, misde- meanor, . . . 397 Counterfeiting brands, . 397 Penalties how sued for, . 397 Inspectors to report to Legis- lature, .... 398 Penalty for neglect, . . 398 'inspector," term of, defined, 388 24 INDEX. GENERAL SESSIONS, Power of, in relation to appren- tices, . . .36, 37 Further powers, . . 617 vide tiile^ <' Sessions General and Special," GRAIN, Measuring of, , . .294 Measurer general and measur- ers, .... 294 To keep an office, . . 294 To decide in case of dispute, 294 His pay, . . . , . 295 Restriction, . . . 295 Measuring how regulated, 295 Suspension, . . . 295 Annual report of measurers, 296 Pay for services and expenses, 296 Additional measurer, . 296 When act to take effect, 297 GRANTS, Of Land under icaler, TVhen and to whom made, 297 Notice by applicant, and how, 298 GRAND JURT, Lists of grand jurors, . . .412 Who to be placed on lists, .413 Who to be omitted, . . 413 Contents of lists, . . 413 Duty of county clerk, . 413 Increasing number of jurors in New- York, . . .414 Duty of supervisors, . 414 Time, ike, of drawing grand jurors, .... 414 Mode of drawing, . .415 How summoned and returned, 415 Fines for not attending, .415 Discharging them, . .415 Returning ballot to box, . 415 Destroying it, . . .415 Same person drawn on both juries, .... 416 Adding names to box by county judge, . . . . 416 How and when to be deposited and drawn, . . .416 Drawing and summoning, 417 Supplying deficiency in j ur ors, 4 1 7 Precept for grand jury at ses- sions .abolished, , . 417 Number of jurors : foreman, 417 Challenges to jurors, . . 418 No others to be allowed, . 418 Foreman to administer oaths, 418 Clerk of grand jury, . .418 Disclosures by grand jurors, 4 18 District attorney attending grand jury, . . .419 Deliberations to be private, 419 W^hen new jury may be order- ed, .... 419 GROUNDS, Corporation to pass laws for the filling up and regulating grounds, yards and cellars, 141 GUN POWDER, How to be kept, . . 267, 268 Penalty for keeping, &c. 267, 268 Powder to be landed from vessels, . . , 268 Transshipment of powder, 268 How to be carried through the streets, . • . . 269 Where to be stored when for- feited, .... 269 Notice to be given of seizure, 269 Search warrant may be issued in certain cases tor, . 269 And seizure made, . . 209 Actions to recover powder how and when brought, 270 This act not to apply to ships of war, . . . 270 Seizure of powder during any fire, . . . .270 GUNS, Prohibited from the discharging of, on certain days, . 186 GUTTERS, Of Houses, Provision concerning, H . 265 HACKNEY COACHES, Owners, &c. to be licensed, 298 INDEX. 25 Part of a section repealed, 298 Common Council to regulate, 143 HARBOUR MASTERS, Two harbuor masters to be ap- pointed, . . . 299 Their duty, . . .299 To r'gulate and station ves- sels, . . . .300 Their fees, . . .300 Fees when to be paid, . 301 Harbour master to enforce the laws relative to clean- ingdocks, . • . 301 Powers defined, . . 302 To inspect ferry boats, . 24S HARBOURING SERVANTS, Penalty for, . . .33 HAWKERS AND PEDLARS, To obtain license, . . 303 How a[)plied for, . . 30;^ Duties to be paid, . . 303 License how and when to be granted, . . . 304 Penalty for pedling without license, . . . 304 Penalty for refusing to pro- duce license, . . 304 Proceeding thereon, . . 304 Costs, .... aob Limitation of suit:^, . . 305 Pleadmg and evidence, . 305 Common Council to regulate^ 606 HEALTH, BOARD OF, Duties, . 103, 104, 656, 084 Officers of, ... 654 Powers of, ... 679 Place of quarantine of vesels and persons, . 664 to 667 Duties of pilots in relation to, . . . . 667, 668 Regulations concerning the treatment of vessels, 668 to 692 HEALTH COMMISSIONERS, Duties of, 103, 101, 656, 754 Who appointed health com- missioners, . . .551 HEALTH OFFICER, Duty of in certain cases, 655, 665 Number of, in the city of New Yoik, 530 HEATH HENS, Killino; of heath-hens, quails, partridges and wood-cocks at certain times prohibited, 292 Penalty, .... 292 Evidence of having incurred penalty, . . . 293 Killing musk-rats prohibited at certain times, . . 293 HEMP, In what quantities to be kept, 271 Penalty, . . . .271 HIDES AND SKINS, Jnspeclion oj, Inspector to be a leather-manu- fucturer, . . . 307 To lake an oath, . . 307 To execute a bond, . .307 When and how to inspect, 307 Stamps, .... 307 Deputy, .... 308 His fees, . . . ,308 Notice 308 Labels, . . . .308 Inspector to report, . . 308 Regulations as to butchers in New- York, . . .309 HOPS, Inspection of^ Hops to be inspected, . 386 Provision as to xllbany. 386 Hops lo be put in bags. 386 Bags to be marked. . 3S6 Duty of inspector. . 387 Fees of inspector, , 388 HORSE RACING, Prohibited, . . . . 25 Bettins on. . 26 HUDSON RIVER, Prohibition against obstructions in the channel of, . . 309 Obstructions at and below 26 INDEX. New-York, . . .310 Penalty for violation of, .310 Last section qualified, . 310 Further provisions againf^t the ohstruction of the channel of the Hudson River, . 310 IMPRTSOXMENT FOR DEBT, Ahtili-hment of, . . . 312 When lh»^ pirty is in prison, 318 Warrant, in what case to issue, 321 vide *' Debt" abolishing of, &c. INDENTURES OF APPREN- TICESHIP, Certain indentures where to be deposited, . . .29 " to be acknowledged, 30 " how assigned, . 30 Indentures when invalid, . 34 INDIAN CHILDREN, How to be bound out as appred- tices, and by whom, . 28 INFANTRY Of the City and County of JYew- York, To parade three times a year, 327 Officer's meetings, . . 327 Certain sections of preceding title to apply to iNew-York, 327 Certificate, . . .327 Removal of persons holding certificate, . . . 227 Notices and how served, 328 Brigade court martial, . . 328 "Vacancv, . . . 328 Duty of commandant of bri- gade, . . . 328 When court to assemble, 329 Marshal, his duty, . . 329 Summons, subpoena, &c. 329 Persons not appearing, . S29 Default when opened, • 329 Approval of sentence, . 3?0 Appeal, .... 330 Penalty for absence, . . 330 Fines to be reported, . 330 List of persons fined and Duty of jailor, . . . 331 Warrant, . . . SZO Return of warrant, . .331 New warrant, . . .331 Duty and fees of officers, 331 Pre&ident of court martial to account, . . .331 Monies how applied, . . 332 INFANTRY AND ARTILLERY, Weapons, .... 333 Exemption from execution, . 3 i3 Officers, when exempt, . 333 Non-commissiondd officers and privates, when exempt, 333 Reduction in taxes, . . 333 Exemption from juries, . 333 Regiments, how often to be ordered out, . . . 334 Officers to be exercised, . 334 Military stores, . . . 334 Inspection to review, . . 334 Light artillery to be ordered out, . . . .335 Officers, how warned, . . 335 Yerbal orders, when suffi- cient, .... 335 Return of delinquents, . 335 Return of inspection, . . 335 Forms of returns, . . 335 Alterations therein, . . 336 Brigade court martial, . . 336 power thereof, . . . 336 Former article of this title ex- tended, . . . 336 Penalties and fines, . . 336 Fines how collected, . . 337 How applied, . . . 338 Compensation of members, . 338 Costs ol prosecution, . . 338 Last section qualified, . 338 Commandants to account for monies, .... 338 Those monies, how applied, 339 Privileges and exemptions, 339 INHABITANTS OF NEW YORK, To register their names and pla- ces of abode in time of pes- tilence, . 103 INNS AND TAVERNS, Rtgulaiions of, Recognizance from tavern keep- ers, how taken, . 340 k Common Council to prose- cute for breaches thereof, And to make ordinances re- tmg to, . Commissioners for collecting excise, &c. in New Yoik, Selling without license de- clared a misdemeanor, 341, Price of license, License required for -selling above five gallons, . Duration of, Compensation of aldermen attending the issuing of li- cences, . Oood character and citizen- ship required, . License money to be applied for support of poor, . ' Duty of tavern keepers. Licences, when suppressed, Jurors, witnesses, &c. Penalties, how recoverable, . Section 2d, Act of Aprd lOih, 1824, amended, Duty of aldermen and assist- ant, . . , . Penalty for selling without li- cense, .... INSPECTOR GENERAL, Duties of, . . . 391. I N DE X. ^7 INSPECTORS OF ELECTIONS, 340 Board of^ Common Council to appoint, 235 340 Board to be formed, . 204 Chairman, . 204 341 Oaths, . 204 Clerks, . 204 , 345 Poll opened, . 205 342 Adjournment, . 205 342 INSPECTOR OF FISH, 342 Proceedings of inspector, . 368 Fees of inspector, . 370 Extra compensation, . . 371 342 Limitation, . 371 Number of in the city of New 342 York and Jefferson, &c. . 630 343 INSPECTOR 345 Of Fish or Liver Oil, 343 Duty of inspector. . 371 343 Powers of inspector, . . 372 343 Fees of, . . 372 Number of in the city and ' 344 county of New York, . 530 345 INSPECTOR OF FLAX SEED, ; Duty of inspector, . . 362 345 j Deputies, . . . .383 i Prohibition, . . . 383 ; Fees of inspector, . , SyS 391 Number of in New Yprk, . 530 INSPECTORS Of Beef and Pork To give bond, . . . 355 Compensation of inspector, . 359 Prohibition, . . . 359 INSPECTOR Of Dislilled Spirits, Number of, in New York, Their duty, Fees, .... Penalty, Duty of inspector general. Fees, Number of, in the city New York, of S89 390 390 391 391 392 530 INSPECTORS OJ Flour and Meal, Flour and meal, when to be inspected, . . . 347 How packed, . . . 347 Size of ca-k, . . . 347 How marked and branded, . 347 Inspector to inspect, , . 348 Indian meal, .... 349 Flour or meal taken from cask when inspecting, . . 349 Flour sold in New York, when to be inspected, . . S49 Penalty for shipping flour and not mspected, . . . 349 Power and duties of inspec- tor, . . . 346, 349 Penalty for selling when tare is undermarked, . .350 «ft INDEX. For undermarking tare, &c. 350 For exportinf;^ light casks, . 350 For neglect to have flour and n»eal inspected, . . 350 For counterft itini( marks, . 351 For selling mixed flour, , 351 For transporting indian meal on deck, .... 351 Inspector not to deal in flour or meal, . . . .351 Inspector to ^ivo certificate, . 351 Cerlificaie, how endorsed, . 352 Assistants, . . . 352 Power of inspector in New York, .... 352 Fees, . . . .352 Repeal, . . . .352 Number of inspectors for New York, . . .629 INSPECTOR Of Hides and SkinSf How appointed, . . . 306 To be a leather manufacturer, 307 To take oath. . 307 To execute a bond. . 307 When to inspect, . 307 And how, . . 307 Stamps, . 307 Deputies, . . 308 His fees, . 308 Notice, . 308 Labels, . 308 Inspector to report, , 308 Regulations as to butcl lers in New York,. . 309 INSPECTOR OF HOPS > Duty of, . . 387 Penalty, . 387 Fees of inspector, . 3SS Number of, in the ( Mty of Ncw-York, . . 530 INSPECTOR OF LOTS, By whom appointed. . 142 His power and duty. . 142 Number of in the city and county of New York, . 529 INSPECTOR Of Pot and Pearl .Rshes, Duly of inspector, . . 362 Penalty for violation of duty, 363 Powers of inspectors, , . 364 Penalty on inspector, . . 365 " for misdating invoi- ces, , . 365 Assistants, , . 366 Compensation, , . , . 366 Extra allowances. . . 366 INSPECTOR OF LUMBER For inspecting without au- thority, .... 374 Fees of inspector, 374 Number of, in the city of New York, ' . . .529 INSPECTOR of Sole Leather, Duty of inspector, . . 384 Manner of inspection, . 385 Fees for inspecting, . . 385 Prohibitions in certain coun- ties, . . . ■ . 385 Number for the city of New York, Albany, Troy, Hud- son and Schenectady, 529 INSPECTOR of Staves and Heading, Duty of inspector general, 378 Duty of Cullers, . . 378 Inspector's fees, . . 379 Culler'b fees, . . . 379 Powers and duties of inspec- tor-general in New-York, 380 Further duty, . . . 381 Number of in the city of New- York, . . . .529 INSPECTOR of Tobacco, Inspector to appoint deputies, 392 Four qualities of tobacco, 394 Inspector's fees, . . 393 Penalties on inspector and deputies, . . . 394 Number of in the city & coun- ty of New-York, . . 530 INTELLIGENCE OFFICES, To be regulated, and by whom, 399 JAIL of the City, ... 21 Who to be confined therein, 21 INDEX. 29 Keeper to be appointed, and by whom, . . .21 " To leceive prisoners, 22 " To eAhibit lists, &c. 184 JAILS and Public Prisons, Jajl for persons confiiifd on civil process nniy be erected, 400 Other buildings may be built or appropriated, . 400,401 Common Council may assign, 150 JAILOR, in New- York, Fees of in certain cases, JAIL LIBERTIES, 399 401 I JUGGLERS, Penalty for performing puppet shows, itc. or allowing them to be performed, 402 For exhibiting paintings animals, &;c. without li- cense. 402 JURORS, Rfiturn and Summoning cf, Who are to make jury lists, . 403 Who to be selected as jurors, 403 Property qualifications in cer- tain counties, . . 404 last of jurors where to be filed, . . . .404 Ballots to be made by county clerk, .... 405 Term of service, . . 405 New lists in every third year, 405 Proceedings of town officers, 405 Duty of county clerk, . 405 Lists from wards in New- \ork, . . . .405 Proceedings to obtain them, 405 Lists in oiher cities, . . 406 When jurors to be drawn, . 406 Notice of drawing, . . 406 Duty of sheriff and county judge, .... 406 When justices to be notified of, ... . 407 Who to be present at drawing, 407 Mode of drawing, . . 407 Box to be shaken, . . 407 Number of slips to be drawn, 407 Each name drawn to be en- tered, .... 407 Names of pers'ns dead, &c. to be destroyed, . . 407 Other names to be drawn, 407 Proceedings to be continued, 407 Minute to be signed and filed, 408 Certified list to be given to sheriff, . . . .408 Summoning and returning jurors, < . . . 408 Copies of lists to applicants, 408 Fines on jurors for default, 408 Persons who are to be dis- charged from serving, . 408 Ballot to be destroyed, . 409 Jurors when to be excused, 409 Ballots how disposed of, . 410 Certain lists to be delivered to county clerk of New- York, 410 His duty thereon, . .410 Drawing from second box, 411 When old ballots to be de- stroyed, . . .411 Circuit judge may order more jurors, . . . . 411 Order when to be served, . 411 New panels in New- York, 411 Former jurors to be discharg- ed 412 *' To be selected in a jus- tice's court. JUVENILE DELINQUENTS, Preamble, and corporation crea- ted, . . . . Style and proviso. Concerns to be conducted by thirty managers. First managers. Elections, Power and duty of managers. Certain clauses to apply to this act, By-laws, , . . . Annual reports to be made. Public, and may be altered, Delinquents to be received from any county in the State, .... 59 420 420 421 421 421 421 422 422 423 423 423 30 INDEX. Health commissioner to ac- count, .... 423 Transportation of delinquents, 424 Appropriation of $8000 an- nually, .... 425 License for theatres, . . 426 Amount to be paid for the same,. .... 426 Account to be rendered, 426 Allowance lor collecting mo- nies, .... 426 Annual payment to treasurer of the S(»riety. . . 427 Repealing clause, . . 426 2000 dollars payable annually, 427 H KILLING GAME, Heath-hens, partridges, wood- cocks, mush-rats and quails at certain times prohibit- In Wa|labout bay, . 432, 433 LANDS unclaimed. Corporation to take possession of land sold for taxes, . 434 To pay over to owner the pro- cet^ds, deducting for taxes and improvement. 435 LAND under water. Letters patent to be issued to the corporation, . . 435 Tompkins declared the exte- rior street on the East Riv- er, ... 435, 436 Permanent exterior street along the East Kiver, 436 ed, 292, 293 KNOKCERS, Penalty for injuring, . . 428 How recovered, . '. 428 LAMPS, &c. Preservation oj^ Penally for injuring lamps, windows, knockers, &c. 428 How recovered, . . 426 On refusal of payment, offen- der to be committed to bridewell, . . . 429 Master liable for servant, 429 Offenders whose names are unknown to be delivered to sheriff and to give informa- tion of offences, . . 429 These proceedings no bar to suit for damages, . . 430 "Who to be deemed guilty, 430 Informers not liable for penal- ties,* . . . .430 LANDS in the city of New- York, Jurisdiction ofy In the city of New-York, 431 LANDS under water. Grants oj, When and to whom. Certain waters, Notice by applicant, 437 437 437 43S LEASES in New-York, . 438 Duration of certain agreements in New- York, . . 438 LEGISLATIVE OFFICERS, Senators, and terms of office, How chosen, Qualificati(jn of. Ineligible to certain offices, U. t5. officers, further ineligibility to office. President pro tern of the sen- ate how to be chosen, "When act as governor, LETTERS of Administration, Granting of may be contested. When executor, widow or re- latives entitled to letters. Effects of such letters, Leiti rs when to be granted to public administrator. Notice of administration when to be given, 534 534 534 534 534 535 535 535 LICENSES, Penalty for selling liquors without. spirituous . 341,344 INDEX. 31 LIQUORS, Spirituous, Penalty for selling without li- cense, . . 341, 345 Further provision, 342 to 344 LOAN OFFICERS, Powers of Mayor, Aldermen, &c. in New- York, . . 438 Mortgages may be assigned, 439 Officers to account, . . 439 LOTTERIES, Licenses by whom to be granted, 440 " To be recorded, . 440 Contents and etfect, . , 440 Licenses t6 certain persons without bond, . . . 400 Certain sums to be paid by all other venders, . . 441 And bonds to be executed by them, .... 441 PenHJty and conditions, . 442 Bonds where filed, . . 442 Fees for license, . . 442 Prosecution of bonds, . 442 Payment over of recoveries, 442 Application of monies receiv- ed in New-York, . . 442 ** '* in other cities, 443 Hudson, Troy, and Lansing- burgh, .... 443 Licenses when forfeited, &c. 443 Certain lottery tickets may be divided into .shares, . 443 Liv^t thereof to be made and filtd 444 Penalty for sellinnr, &c. any other shares of tickets, 444 Evidence in prosecution under this article, . . . 444 Forgery of lottery tickets, 444 Grand juries to be charged respecting this article, 445 LOTS, Common Council to pass laws for the filling up of lots, . 141 LUMBER, Inspection of, Timber, plank, &c. to b© in- spected, . . . 373 How measured, . . 373 How marked, . . . 373 Mahogany or square timber, 374 Penalty for shipping unin- spected lumber, • . 374 Cypress shm^les, . . . 374 For inspecting without au- thority, .... 374 Prohibition, . . . 374 Fees of inspector, . , 374 Shingles sold in this state, . 375 Bundles to be branded, . 375 Duty of owners of shingles, . 376 How to be packed, . . 376 Penalty, . . . .376 Fees, . . . .376 LUNATICS, Safe keeping of Lunatics having property to be confined, &c. by their com- mittees, .... 445 Not having property, to be confined by certain rela- tives, .... 446 Duty, how enforced, . . 446 ]iUnatics, how secured, . 447 Duty of overseers, . . 447 How and when lunatics may confined in jails, . . 447 In what manner, and for what time to be confined, . 447 Powers of two justices in se- curing lunatics, . . 447 Lunatics may be sent to New York Asylum, . . . 447 Expense thereof, and lu- natics support, . . 447 Penally for confining lunatics, 448 Powers of chancery not to be aflTected, .... 448 Committees of a lunatic, how to confine him, &c. . 448 Powersof couniy superintend- ants, . . . . 448 M MAP OR PLAN OF New York, . 455, 456, 457 Stuyvesant street declared a pub- lic street, . . . 458 32 INDEX. Certain rights of the mayor and commonalty saved, . 458 Parade, .... 459 Fifih avenue extended, . 459 Rights ofihe owners of lots, 459 Assessment, . . . 460 Land, called children of ne- cessity, abandoned, . . 460 Certain alterations made in the map, . . . 461 Privileges of certain owners, 46 1 Width of certain avenues re- duced, .... 462 Union Place reduced, . 463 Broad-way not to be continu- ed beyond Tenth-street, . 463 Block or plot of ground ex- tended, .... 464 Market place, alterations, . 464 Provisions in relation to own- ers of blocks and plots, . 464 Damages, how estimated and assessed, . . . 465 Union Place altered and en- larged, .... 466 Termination of Fourth Ave- nue, .... 467 A new street between Third and Fourth Avenues, de- clared public, . . . 467 vtde " Streets." . . .715 MARINE COURT, When trial by jury may be de- manded in, . . . 469 Duty of the clerk. . . 469 Jurors, how drawn, . .469 One justice authorized to hold a court in ^ew Yoik, . . 471 A certain act not to apply in New York, and powers of as!*istant justices, . . 472 Act authorising the arrest of ves- sels extended, . . 473 Justices court authorized to take cognizance of, . . 474 Style of justices court chang- ed, ... .474 Jurisdiction in certain cases taken from assistant justi- ces, . . . 473, 475 Where to be held, . . .477 Juris(fiction of, . . 477, 484 court declared a court of record, .... 477 Clerk to be appointed, , 479 Court to be open daily, , 479 Clerk to keep a register of the proceedings of the court, . 479 Process, how tested, signed and sealed . . 480 Proceedings against joint- debtors, . . . 480 First process when by sum- mons or warrant, 47-.', 480, 481 Form of summons, . . 481 Process how to be served, 481 No summons against non-re- sidents, . . . 481 Clerk to administer oath on is- suirg warrant, . .481 Process by warrant, . . 481 Form of wariant, . . 481 Process to be served by con- stable or special deputy. 481 Deputation how made, . .481 JSo deputation on jury pro- cess or execution, . . 482 Defendant arrested to give bail for appearance, . 482 Proceedings thereupon, . 482 On refusing to give bail to be committed to jail, . . 482 Not to be detained more than forty-eight hours, . . 483 Plaintiff may commence suit on bail bond, . . . 483 Or sue the constable er mar- shal for an escape, . . 483 Clerk to take security for de- fendants appearance next court day, . . . 483 Defendant committed on ne- glect to give security, . 483 Security may be examined on oath,' .... 483 Power of justices courts, . 484 Court, when to proceed to trial, . . . .434 Defendant to give security on adjournment if made with- out plaintiff's consent, 484, 486 I INDEX. ii Time of adjournment, Further provision as to ad- journments, Proviso as to non-resident plaintiff, .... Defendants to set off their de- mands if any, . Neglecting so to do, to be barred of action therefor, . Unless balance exceed $50, proceeding in action of tres- pass, . . Officer serving warrant to hold defendant in custody until discharged by court, Officer to accompany defend- ant to obiain security. Jurors, witnesses and consta- bles oath, ... Penalty on witnesses for non- attendance, How recovered, . . . How appropriated, Judgment given against plain- tiffin certain cases, . Plaintiff not recovering more than twenty-five dollars, ex- cept in marine causes shall not have costs. But costs shall be awarded to defendant. Proceedings thereupon. Plaintiff recovering more than twenty-five dollars may have execution, &c. Against defendant's body and goods, .... Execution against goods, how proceeded upon. Against the body, how to be executed, Executions, in certain case not to be issued under sixty days, .... Execution not to issue against freeholders and inhabitants having families, under sixty days, .... Unless party prove danger of losini; his debt. Proceedings thereupon, 486 485 486 485 485 435 486 486 487 487 487 487 487 488 488 488 488 486 489 488 489 490 490 441 491 Cases where execution may issue, .... 491 Register of justices court legal evidence, . . . 492 Justices court declared a court of record, . . 492 Justiv^es powers ay conserva- tors of the peace, . . 495 Justices may take affidavits to be read m supreme court, . 493 Justices fees, . . 493, 494 Constables and marshals fees, 395 Jurors fees, . . . 495 Witnesses fees, . . . 495 Jailors lees, . . . 495 Constables or marshals, in what cases to be prohibited from serving process, . 486 Certiorari, how to be obtained 496 MARINE HOSPITAL, Hospital, by whom held, . 690 Controul thereof, . . 690 Boat and boatmen of, . . 690 Sick persons, how k( pt, 685, 690 Proceedings against those eloping from, . . .691 Expenses, by whom paid, . 691 How applied, . . . 691 How recovered by masters, . 691 Coasting vessels, when to pay, 692 Accounts' surplus, . . 692 MARKETS. Public markets may be erected, 468 Proviso, .... 468 MARSHALS & CONSTABLES, Duty of marshals, ICu, G02, 607 Fees regulated, . . 132 Bond of officers in New- York, 133 " " in assistant justi- ces courts, . 61, 62, 64 MASQUERADES, . 505 MASTER and Wardens, . 502—505 MASTERS IN CHANCERY, Tenure of their office, . . 539 Qualifications of, - . 539 Not to act in certain cases, 539 84 INDEX, MASTERS OF VESSELS, Duty of musters of vessels to remove persons who are • likely to become charge- able, .... To make report of passen- gers, .... Penally, . , . . 569 567 568 MAYOR, "When to give bills of health to vessels sailing from New York, . . . .102 Duty of, . . . .614 Power of, incase of fire, 2S0 Fees and salary of, . . 5C7 Further provisions, 5C6, 5li7, 5Ut5 MECH\NICS, Jictfor the bttler securily oj, Unsettled accounts to be pre- sented to the owner of buildings, Owner to furnish the con- tractor with a copy, Arbitrament, Account how to be finally set- tled, .... Liability of owner in case of collusion, . . . 510 When act to take eflfect, . 510 508 509 509 509 MOTHER of a Bastard, When compelled to support her bastard. Further provisions. N 84 89 EW-YORK, City of J Boundaries oj. 1st. Ward, . 517 2d. do. . . 517 3d. do. . . 51& 4th. do. . . 518 5th. do. . . 518 6th. do. . . 518 7th. do. . . 519 8th. do. . . 519 9th. do. . . , , b\9 10th. ^o. .... 619 llih. do 520 12th. do ... . .')20 ]:^th. do. . , . . 520 14th. do 520 15th. do 621 Charter of amended, . . 505 NEW-YORK, Caiinly ojy , Boundaries of, . . . 521 Jurisdiction over certain wa- ters, .... 522 IVew York an origi^nal county, 522 Members of assembly in, . 522 NLVTH WARD, . . . 521 When act to take eflTect, . 521 NOTARIES PUBLIC. By whom appointed, and num- ber of, .... 623 Re|)eal of Rev. Stat, thai limits the number, . . 62S Power of Public Notaries, 623 'i heir pr«>tests when evidence, 524 Memorandum by them, . 624 NOTICE, Of pub ic administraiorf When to be jiiven^ How s<;rved. Affidavit, .... Eflfect of filing an affidavit of, Notice to be given to fereiga consuls, o OATH AND BOND, Of public administrator. Of clerk of assistant justices court, .... Bond of auctioneers, Oath, .... Bond of commissioners of excise, .... 60 69 73 37 INDEX. 35 OFFICERS Administrative, '. 528 (.'anal officers, . . . 52^^ May.r, . . . .528 Couoiy treasurers, . . ^20 Loan offii-ers, . . . 5^8 Salt sj)rings, , , . . 529 Harbour masters, . .529 Auctioneers, . . . 529 Inspectors of-flour, . . 52u Inspector of beef and flour, . 529 ** « ashes, . . 529 "** ^* lumber, . . 629 " *" staves and head- ing, . . . .529 CulL-rs of staves and heading, 529 Inspector of sole leather, . 529 " *' flax seed, . . 530 " <* tobacco, . > 5o0 *' "fish, . . .530 '* « oil, . . . 530 ** *' spirits, . . 530 " "hops, . . 530 Weigher, . . . .530 Health oflicer, . . « 530 Bank directors, . . . 5I?1 Wreck masters, . . .531 County sealers, . , . .')3l Inspectors of turnpikes, . 561 Indian offirers, . . .531 Keceiver of J5ag Harbor, . 531 Commissioners of deeds and notaries in certain cities, how limited, . . . 531 Commissioners of deeds in towns, . . . 532 Oflices when vacated, . . 532 When no new appomtments t(» be made, . . . 532 Circuit judges, and how far local officers, . . 532 County judges and recorders, 532 Surrogates, . . . 532 Justices, .... 533 Commissioners of deeds, . 533 ^Notaries, .... 533 Sheriflf*s, &c. . . . 633 Admirtistrative officers, o 530 OFFICERS, Executive. Governor and lieutenant go- vernor, . . . .535 In case of equality of votes for governor, . . . 536 The hke for lieutenant go- vernor, .... 536 Quaiitications of governor, . 536 State oiiicers, how appointed, 536 And when, .... 636 Tenure of their office, . . 537 Treasurer, .... 537 Ts'omination of state officers, 537 Proceedings in case they agree, .... 537 In ca>e they disagree, . . 537 State printer, . . . 537 Governor's private secretary, 537 OFFICERS, Legislative, Senators, &c. term of office, . 534 How chosen, "... 534 Qualification of senators, . 534 Ineligible to certain offices, . 534 United i*^tates officers, , 535 Temporary picsident of the senate, when to be chosen, 535 When to act as governor, . 553 OFFICERS, Public, Classification oj\ Classification of the civil offi- cers. . 525 Legislative, , . . 525 Executive, . 525 Judicial, . 525 Chancery, . 525 Supreme Court, . 526 Court of Errors, . 526 Reporters, . 526 Circuit Courts, . . 527 County Courts, . < . 527 Clerks, &c. . 627 Coroners, . 627 New-York, . 627 Recorders, . 627 Clerks of cities. . 627 Special justices. . 627 Justices, . 627 Commissioners of deeds, 627 Notaries Public, . 528 Counsellors, . 528 36 INDEX. OFFICERS, J>i ominations and Commissions of, Nominations lo be written, &c. 554 Kesolution of concurrences, 554 ResoltJlion of removal, 5o4 Commissions how made out, 654 How forwarded, . . 565 Certificate of canvassers, 555 Commissioners of deeds, 555 Commissions of other officers,556 OFFICERS, Oath, and Official Bond oj. Oath of office, . . . 556 When to be taken, . . 556 Before whom, . . . 556 W ith whom depo>ited, . .')57 Deputies oath, . . . 557 Official bond, . . . 55H Notice of neglect, . . f/SS Effect of bond, . . . 558 Penalty for acting without oath or bond, . . 558 Legislature, . . ' . 559 OFFICERS, Resignaliony Vacancies, Remo- vals, <5'f. Resignations to whom to be made, .... 559 "When oflices become vacant, 560 Notice of conviction, . 560 Duty of governor, . . 560 Notice of vacancy, . . 560 Governor's power of removal, 561 Breach of otfici-ij bond, . 5ol Removal of . fficers appointed by governor and secretary, 561 561 561 562 562 563 564 564 564 Temporary appointment. Removal of sherixT's clerks, &c. .... District attorney to inquire into charges. Proceedings thereupon, Delivery of papers to their successors, how enforced. Proceedings, When person may be com- mitted, .... Search warrant when issued, Proceeydings thereupon, . 664 Books and papers how ob- tained when officer dies, 564 OFFICERS, Appointments of judicial, &c. Chancellor, &c. how appoint- ed, .... 638 Tenure of certain officers, . 638 Can hold no other office, . 538 Judges of county courts 639 Vacancy of, in office of first judge, . . . .639 Masters and examiners in chancery, . . . 639 Qualifications of master in chancery, . . . 539 Master and examiners not to act in certain cases, . 6S9 Surrogate, &c. how appoint- ed, . . • . 639 Tenure of their offices, . 540 Supreme court commissioner, 540 Marshals of Hudson and Troy, . . . .540 Clerk of Oyer and terminer in JNew York, . . . 540 Other <-lerk- of courts, . 541 Dis.rict attornies, how ap- pointed, . . . . 541 Clerks and district attornies. Tenure of their office, . 541 Register in chancery . . 541 Reporier, .... 540 Counsellors, . . . 541 Their authority, . . . 542 Tenure of iheir office, . , 542 Counsellors, their removal, . 542 Who mny not practice, . 642 Oiher officers of courts, how appointed, . . . 643 OFFICERS, Appointment by the local authorities, Commissioners of deeds, how appointed, . . . 543 Who ineligible, . .' . 544 Tenure of office, . . 544 Removal from office, . . 544 Justices in New York, . 644 INDEX. 37 OFFICERS, Administrative, how appointed, Commis.-ioners ofiarsd office, 54S Commissioners ofcanal fund, 548 Canal commissioners, . . 548 Canal board, . . . 549 Superintendant of canal re- pairs, .... 549 Collectors ofcanal toll, • 549 Canal appraisers, . . 549 Trustees of state library, 569 Superintendant of common schools and state sealer, . 550 Mayor of cities, . . . 550 County treasurers, . . 550 County sealers, . . . 550 Commissioners of loans, &c. how appointed, . . 550 Tenure ot their offices, . 550 Health officers of JNew York, 551 Loan officers, . . . 651 Inspectors of hops, &c. . 551 OFFICERS, Elected by the people. Justices in towns, . . . 545 Kemoval from office, . . 545 Justices in new towns, . 545 Islotice of meeting to deter- mine classes, . . . 546 Classes, how determined, . 546 JVeglect to attend, . . 546 Certificates of drawing, . 546 When more than four justices may hold their offices, . 547 Proceedings when number re- Officers to hold over, 553 OPENING AND CLOSING Of streets, . . 715, 720,722 Powers of the corporation in relation to, . . 716, 730 Duties and powers of com- missioners in relation to, . . 715, 719, 733 Duties and powers of the su- preme court, . .716, 724 Effect upon contracts be- tween landlord and tenant, 734 Transcript of estimate of, where to be recorded, . 717 Provision where owners are minors, &c. . . . 718 Damage & benefit of 720, 725, 726 OPENING and laying out of Streets, One person paying for ano- ther to recover back a- gam. . 737,741 duced. 547 Proceedings when elected for unequal terms, . . 547 Sheriffs, &c. in New York, . 547 Disabilities of sheriffs, . . 647 Coroners, . . • , 548 Sheriffs in new counties, . 548 OFFICERS, Qualification, duration, &c. Commencement of office, . 652 Appointing power, . . 553 Deputie-5, and by whom to be appointed, . . . 553 Their number, . . . 553 Their powers, . . . 653 Duration of certain offices, . 5^3 Monies to be assessed on per- sons benefited, . 737, 746 Who to be appointed asses- sors for that purpose, . 738 Assessments, 739, 746, 747, 749 How to be recovered in de- fault of payment, . . 744 Agreement between landlord and tenant, not affected, 731 Yacancy in office of commis- sioner, how filled, . . 741 Any two commissioners may act, .... 741 Compensation of, . . 742 Council may be founded, . 742 Powers of corporation with respect to streets, . . 743 State right of streets granted to corporation] Powers ers, of 743 commission- . 744,748 ORDINANCES, Mode of proving ihun, How to be read, , . , 665 Charter of the city, . . 665 Proceedings of Common Council, . . . 665 Licenses, . . . 666 38 INDEX. Board of health, proceedings of, . . . \ 566 Proclamations, . . , 566 OVERSEERS of the Poor, Their duties, May bind out poor children, 28 When to bind children, . 31 When and how to bind out Indian children, . . 27 Their duties with respect to bastards, • , .86 Further duties, . . .96 Penalty for neglect, , . 96 OYER AND TERMINER, Courts of Oyer and Terminer when and by whom to be held, . . . .566 In New-York, . . . 566 Power of Oyer and Terminer, 617 PASSENGERS, Master or commander to make reports of passengers, 567 Penalty, . . . .668 Sureties may be required in certain cases from master, 568 Duty of masters to remove persons likely to become chargeable, . . . 569 Duty of persons coming to New- York to report them- selves, .... 669 Penalties to be sued for and applied, ... 569 Liability of vessel to seizure, 570 Repealing, . . . 570 False swearing declared per- jury, . . . .570 PAUPERS, Requirtd to work, . . 23 To be suppoited by relatives, 623 How compelled, . . 623 PAWN BROKERS, Common Council to regu- late, . . . 571, 60S Common council to regulate rates of interest, . . 571 Pawn brokers to enter into re- coixnizances, . . 571 Search warrants for property pawned, . . . 572 How to be exenuled, . . 572 Properly seized to be dis- posed of, ... .^72 Bond to be given by claimant, 572 PEDLARS, See title. Hawkers and pedlars, 303 EXALTIES, Jn relation to Elections^ False swearing. . 230 Procuring it. , 230 Neglect of duty. . 230 Bribery, . 2.i0 Calling out militia, . 231 PEJVALTIES fn general. Suits for penalties how to be brought, . . . 573 Inhabitants competent wit- nesses in cases where cor- poration is interested, . 573 Fees of justices and officers, 575 Penalty for horse-racing, 25 " on owners of horses and persons betting, . 26 Penalty for apprentices ab- senting themselves from service, . . .34 For public administrator omit- ting to publish statemfnts, 13 Penalty on boarding-house and tavern keepers for neg- lecting to report the death of transient persons, . 14 For trading with servants, 32 Harbouring servants, . 33 !• or jurors and witnesses non- attendance in assistant jus- tices' court, • . .49 For illegal auction sales, . 60, 70, 72, 78 Superintendents and overseers relative to bastarc^s, . 96 INDEX. On physicians, surgeons and sextons respecting dead bodies, .... 176 For fiihiing duels, . . l94 Penalties relative to ferries, 248 Penalty for budding contrary to law, . . 266—7 Concerning jum-powder, 268 Concerning fisheries, 286, — 288 Concerning the game laws, 292 — 3 For peddling without license, 304 For shipping beef or pork without inspection, . 355 For counterfeiting inspectors' brands, . . 394, 372, 6 Penalties how and when sued for, . ■ 397—8, 574—5 Respecting U)tfery venders, 444-5 Cn masters of ve sels lor not reportmg passengers, . .')6S Execution to collect, . 574 CertiHcate of conviciion, 575 Penalty on overseers of the poor, . . . .641 PENlTENTIARr Of N» w York, ... 20 Who may be confined therein, 21 Under whose charge, . .21 Keeper to be a|)pointed, by whom, . . . .21 Tenure ..f his office, . .21 Keeper to receive prisoners, 22 Disorderly persons may be committed for six months to, . 22, 603, 604 PERISHABLE PROPERTY, When to be sold by public ad- min strator, . . . .6 Notice, when to be given, . 6 How served and published, . 6 PERJl^RY At elections, .... 230 Procuring it, . . . 330 Perjury in a justices court, . 58 PHYSICIANS, To report to board of health, 685 — 6 PHYSICIANS AND SURGEONS. Required to perform certain du- ties, . . . .175 Penally for neglect, . . 175 PILOTS, To hail vessels. In bringing vessels into port, duty of, .... Penalties, .... Branch pilots to be appointed, A committee to be chosen by the pilots to report de- linquents, &c. JMeetujgs of the board. Hell Gate pdots. Licences may be annulled, . Board may i.^ake rules. Apprentices to be examined, Licences to be under seal, . Deputy pilots may be ap- pointed, .... ear 667 683 676 577 578 578 578 578 680 6ol 682 582 To enter into recognizance, , N<»t less than five boats to be kept by way of Sandy Hook 583 ParttHirship of pilots regulated, 583 Penalty for misbehaviour, . 684 Puni^hment of pdot for losing a vessel, . . . 584 On suspension, to deliver up license, .... 584 None but pilots or deputies to be concerned in the boats, 585 Printed instructions to be gi- ven to pilots and deputies, 585 Pilots allowed extra fees in relieving vessels in dis- tress, . . . .585 Penalty for refusing to receive a pilot on board a vessel, . 585 Allowance to pilots carried to sea, .... 586 Fees allowed pilots by way of Sandy Hook, . . . 586 Fees on taking charge of a vessel at a certain distance from land, . , . 587 Fees for detention of pilot, . 688 Fees of pilots through Hell Gate, . . . .588 49 INDEX. Apprentices to be engaged, . 588 Persons to be employed by way of Sandy Hook, . 588 The lead to be rtgularly hove, 689 Amount of pilotage to be tax- ed by the wardens in case of dispute, . . . 589 Penalty for intoxication, . 590 Certain monies to be paid to the pilots charitable socie- ty, 690 Fines, &c. how to be appro- priated, .... 591 Branch pilots by way of San- dy Hook, . . .591 Branch pilots by way of Hell Gate, . . . 591 ^ Hell Gate, . . . .592 Penalty, .... 592 Half pilotage, . . . 592 Penalty for refusing to em- ploy a pilot coming into port, . . . . 593 And going out of port, . 593 Pilots may be witnesses, . 593 PITCH AND TAR, . . 572 In what quantities to be kept, . 371 Penalty, .... 271 POLICE OFFICE, Police office established, . 595 Who may act therein, . . 595 Three special justices to be appointed, . . . 595 Clerk of the police, . . 595 Recognizances, depositions, &c. to be lodged there- in, ... 595,617 Duties of the clerk, . . 596 Copies of certain recognizan- ces to be lodged in the said office, .... 596 Recognizances, when to be entered into the exchequer, 597 When to be delivered to the common council, . . 597 Salary of the justices, and fees, .... 597 Salary of the clerk, . . 597 Expenses of the officer, how defrayed, . - . 597 Clerks fees, . . . 579 Special tjustices duty respect- ing the property of certain intestates, . . , 598 Justices, when and how to ac- count for monies, goods, &c. unclaimed, . . 598 Upon proof of property, to restore same to owner [on payment of expenses, . 598 Unclaimed property to be sold at public auction, and pro- ceeds paid into the city treasury, . . .599 Officers to attend police of- ofice, . . . 599, 607 Watchmen to obey the orders of the justices in certain cases, . • . . 699 Duty of the justices as to per- sons detained by watch, . 600 Justices to discharge watch, 600 Disorderly persons, how dis- charged on bond of recog- nizance, .... 600 Bonds of recognizance, where to be lodged, . . . 600 Special justices have powers as justices of the peace in other counties, . 600, 601 Further powers of special jus- tices, .... 601 Common council to direct where police office to be kept, . 601 Addiiional justices to be appointed, . . . 601 Office to be north of Grand- street, .... 602 Marshals, . • . 602 POOR, Paupers to be supported by rc- latives, . . 623 How compelled. . 623 Powers of courts . 624 Order of court, . . . 624 How enforced, . . 625 Suits by overseers, . 625 Effect of warrant. . 625 Duty of overseers, . 636 Proceedings by general ses- sions. . 626 i n INDEX. 41 Warrant, when justices may discharge, . Powers and duties of over- seers, .... Of county superintendants, To be ap|)ointed, To be a corporation, . To provide places, To make rules, . To employ keepers, &c. Allowance for bringing pau- pers, .... Payment of allowances. To decide disputes. To direct and commence suits, .... To draw on county treasurers, to account and pay over mo- nies, .... County poor houses. Expense limited, Superintendants of county poor houses, Excise money, when to be paid to county treasurer, Penalty, . . . . Is' otice of supervisors, Poor to be a county charge in certain cases, . When to become so in other counties, IVotice to be given. Excise money to be paid to county treasurers, . Poor of other counties, how supported, Settlements, how gained. Minors and married women, Paupers not to be removed, how supported. Proceedings, . . , Towns, how compelled to support poor, . Accounts and estimates to be read at town meetings, Expense of supporting poor, how defrayed, . . . Cotnpensation to overseers, . Penalty for removing paupers. Proceedings, Liability, how contested, Neglect to contest, 626 626 627 627 627 628 62b 62s 628 628 62b 629 629 629 629 629 630 630 631 631 631 632 632 . 632 633 633 633 633 634 635 641 641 642 642 643 643 653 Suits, when to be brought, . 644 Penalty on superintendants, . 644 Payment over of penalties, and their appropriation, . 644 Overseers to sue for penalties, 644 Allowances therefor, and for costs, .... 645 Certain paupers, . . 645 Town poor houses, . . 645 Poor houses exempt from taxes, .... 645 Keepers exempt from juries, Idiots and lunatics, . . 646 Reports by county superin- tendants, . . . 645 Reports by county supervi- sors, .... 646 Duty of clerk cf supervisors, 647 Penalty for neglect, . . 647 Reports by secretary of state, 637 Money, how to be appropri- ated, . . . .648 School fund, . . . 648 Money and securities to be delivered to school com- missioners, . . . 648 Suits, . . . .648 Permanent school fund, . 649 Loans on bond and mortgage, 749 Foreclosure of mortgage, . 649 Literest, how to be applied, . 649 Commissioners to account annually, • . . 649 Penalty, .... 650 How applied, . . . 650 Children to be taught, . • 651 Expense, .... 651 J\ot to be returned in school report, . . . .651 POOR CHILDREN, May be bound out by commis- > sioners of the alms-house to persons in the ^tatet, . ;^f),;^j9i;£ ^^^^ ^ J ;' lit: ; J^ i:} i*^ -i; III POOR, Overseers of; \u:ry:i. // When to bind out children,,, 0,1^,4 8 salaries, -.,.!•,;', !ti^'.i'.-/ ^2 D u ty with' rei atiojqi , j .^o ; ]^^ ( > tMrds, ;.;,,,. ^.,;/,^ udoT79 , Further duties, . .i, Ho j.if ^3 Powers of, . 626 6 49 INDEX. POT& PEARL ASHES, Inspection of^ Ashes when (o be inspected, 361 ** how to be put up, . . 362 Puty of inspector, . . 362 Penalty for violation of duty, 382 Weijih note, .... 363 Defection of cask?, . . 363 Casks when to be condemned, 364 Fntries to be made, . . 364 Ashes to be kept dry. . 364 Powers and duties of mspecton«, 364 Penalty on owner, &c. of a vessel, . . .365 Prohibition, . . . 365 Penalty for counterfeiting brand, . . . 365 For misdating invoices, . 365 Assistants, .... 366 ('•ompeiisation, . . . 366 Extra allowances, . . 366 POUNDS, To be kept in each city and town. 651 Common Council to support pound masters, . .651 Their fees, . . .652 When and by whom paid. 652 If not paid, how and when to be sold, .... 652^ Surplus to be paid t'> the own- er if none appear to be, paid for the use of the poor of the town, . . . 652 POWDER, How and where to be kept, . 268 Transshipment of, • . 268 How to be carried through the streets, . . .2681 Seizure of, . . . 270 Acltons to recover, . 266, 270 Pi^OCESS, In assistant justices courts, . 43 Warrant, , .• . . 42 S^iWfiKm^, , '.' . , 43 "■^ Against freeholders, J . . 44 Ofie^Bc^ian, V ., > 51 ^^ To be issued nnfi signed, \fy, . -^^ ihecterk, ' r-oiU:'\'''-^''l^j60 How to be served, and by Whom, . . . . 51, 62 In Marine cJiurt, Warrant, . . 472, 480,481 Summons, . . . 474 By whom and how serv- ed, . . . 489, 490 Of execution when and how issued, . . . 489, 490 In superior court. Form of process, . 160,161 PROFANE Swearing and Cursing. Penalty for, .... 653 Proceedings if pr nalty be not paid or secured, . . 653 PUBLIC HEALTH, Health officer to visit vessels, 668 His power, . . . 669 Purifying vessels, , , 669 Who n»:iy come to the city, 669 Cargoes to l)e dischaied, . 670 Certain articles exempt, . 67U Carg ), when admitted to the to the city, . . . 670 Crew passengers, &c. when admitted, when prohibit- ed, , . . 670, 678 Certain articles to be destroy- ed, .... 670 West India produce to be landed, . . .671 Raigs, h^des, and skins, when landed and how kept, . . . 671, 668 When to be shipped, . . 672 V hen may h^' sent lo the city, 672 Boats not to land, . . 072 I Lighters, .... 672 Further provisions, , 673, 675 Certa n vessels restrained to certain bounds, . . 675 Inspectors duty, . . 676 Certain cargoes may be land- ed, ... . 676 Certain vessels may come to the wharves, . . . 676 Cargoes not to be brought to tne city without permis- sion, . . . 677, 678 Permit, when granted, . 677, 678 I N DE X. 49 Clothing, &c. not to be brought to ihe r^ity, , 678 Proclamation of iniectrd pla- ces, ... . 678 Peiuilfies for violation of health law, 679, 60, 81, 82, 689 EiUcring qiir.rantine ground anJ (.^loping froru, . . 683 When offenders detained, . 682 J^votice of offences, . . 682 Futrid articles to be destroy- ed, . . . '. 635 I>I asters of vessels, . . 686 Proceedings for neglect, . 667 halted provisions, . - 687 To he r< ported and how re- moved, 688 Damaged cotton to be re- moved, . . . 689 PUBLIC HEALTH, i tficf-rs nf, Boiird of health, . . 656—6 Comtnisxinrji rs of health, 645 Health ofiicer, . . . 655 His assistant, . . . 655 ItesiJent physician, . , 555 Health commissioners to give bond, . , . , 555 Q QUARANTINE, An'-horage ground, Vessels siihject to, 664 665 682 t83 Entering qnarafine ground, . Eloping (rofn quarantine. Place of quarantine of vessels and per^sons, . . 664 — 667 ECORDF.R, Duties of, , , , 154 Power- of, . , 124 May hold the court of general ' sessions. . , 154 Of special sesions, . , 156 Of oyer and terminer, . 566 Salary of, . . . 696 RECORDS, PUBLIC, M.iy be removed from the city, 696 REGISTER, Office established, . . . 696 Con)mon coii, cil to appoint, 697 liights and powers of, . 697 Fees of, .... 697 Certified tiansrripts of re- cords legal evidence, . 697 Note of incumbiances on real estate to be directed to, . 697 Registers duty in relation thereto, .... 698 Fees for registering same. . 698 IVliutute to be entered up- on the discharge of, . 698 Incumbrance, . . . 699 To make an index, . . 699 I'\;es fur searches, . .700 Deputy register, . . . 7oO Power ot governor to fill va- cancies, .... 700 Shcnfis and under clerks, . 701 RELIGIOUS MKETLNGS, Not to be disturbed, . . 701 Liquor not to be sold, at . 701 Shows, and not to be exhibit- ed, .... 701 Nor racing nor gaming, . 70 i Highways not to be obstruct- ed 701 Penaly .... 702 Offttnders to be apprehended, 702 REPORTS Of commissioners on opening streets, .... Ht>w made, . , , 729 'J'o be confirmed . . 7z;9 ^Vhen to be final and conclu- sive, .... 730 Assessments by, 715 — 735 Where to be deposited, . 7 .5 May be corrected, . . 735 REPRESENTATIVES in congress When chosen, . . ,221 44 INDEX. Resignation of, . * .221 Death of, . . . .221 RESIDENT PHYSICIAN, Duties of, . . . . 656 ROADS, Common council to appoint commissioners of, . . 763 1 Authorized to build bridges, j &c. . . . .7041 Penahy for injuring or ob- structing, . . . 705 How recovered and applied, 7U6 Overseers to remove nuisan- ces, &!C, . . . 706 Penalty for destroying trees in or near roads, . . 707 | s Names of justices, . « Duty of secretary of state, . Further daty of, . To record statement of elec- tions, . .• . . If statements be not received to dispatch special messen- gers, .... To noiify state canvassers, . Further duties of, To grant licence to hawkers and pedlars. 220 225 226 217 217 217 226 304 SALES, For unpaid taxes, SALARIES of public officers. Public administrators's salary. Of assistant justices, . Justices of the superior court Of commissioners of excise. Of mayor, . . . 507, Of special justices of police oftice, . . • . Of the clerk. Of the district attorney, Of the recorder, . Of the Mayor, . SCHOOLS, . . . . SCUTTLES, Provision concerning, SECRETARY of State, To record proceedings of can^ vast^ers, .... To deliver certificates. Certificate of persons chosen to congress, 773 2 60 159 237 508 597 597 7U7 704 50» 126 265 220 220 220 SENATORS in Congress, Election of, When chosen, . . . 229 Vacancy in office of, . . 229 How chosen, , . . 229 Evidence of election, . . 229 Term of office of, . ' . 534 SERVANTS Certain children of slaves to be servants, . . .30 For what time, . . .31 Such servants to be instruct- ed, .... 31 Effect of neglect, . .31 Trading with certain servants prohibited, . . .32 Penalty, . . . .32 Penalty for harboring ser- vants, .... 33 SESSIONS, General, powers of,j In relation to apprentices, slaves and servants, 36, 37, 617 General sessions, bv whom held, . . ' . 154 Duty of Recorder, . .154 Powers of, . . .454 Aldermen to attend, . . 154 Term of court, . . . 154 SETTLEMENT OF POOR, Settlement, how gained, . . 633 Minors and married women, 633 Proc< edmgs to determine who are county paupers, . 635 In counties wliere there are no poor houses, . . 636 Decisions of superintendants, 636 INDEX. 45 Expence of removal and tem- porary support of, . » 637 Relief to paupers who cannot be discharged, . . G38 Where to be given in certain ca.^es, .... 638 Fuither provisions, . 639, 640 See iille, " Poor," . . 620 SET OFF, vide title, "Assistant Justices," pages. . . 46, 485 SEWERS, COMMON, Corporation to cause them to be made, streets filed, &c. . 131 Expences thereof, how esti- mated and assessed, . 131 Assessments to be ratified by common council, , . "132 And in default of payment to be levied, by distress and sale, ... . 132 Agreement betw^een landlord and tenant not affected, . 132 Persons paying for others to recover back, . . .132 Further assessments, how made, . . . .132 SEXTONS, Duties before intering dead bo- dies, .... 475 Penalty for neglect, . . 475 SHERIFF, Duty With respect to electors, . 202 Sheriff, by whom chosen, , 547 Disabilities of, . . . 547 To give bond, , . . 708 Its form, .... 709 Amount of Penalty, . . 709 Filing of bond, oath of sure- ties, . . . .709 To renew security annually, 709 SHINGLES, , . . . 374 Regulation as to inspection of, . . . . 375, 376 SINKS, Provisions concerning, . .141 SLAVES AND SERVANTS, Certain children of slaves to be servants, . For what time. Length of service of such children. Such servants to be instruct- ed, .... Effects of neglect. Affidavit to be filed. When to be bound out by overseers. Slaves of emigrants to be ser- vants, .... How long. Such servants to be instruct- ed, . . . . When to be bound out by the overseers of the poor. Trading with servants prohi- bited, .... Penally for, Pennlty for harboring, &c. . Indentures, when invalid. County snperintendant to guardians of, . Their duties as such, . Penalty on apprentices and servarUs abusing their masters, 30 31 31 31 31 31 31 31 32 32 32 32 32 33 34 34 34 34 SLIPS, Filling up of, . ; .141 Common council to pay one thud part for filling up, . 142 SOLE LEATHER, Inspection of. Duty of inspector, . . . 384 Manner ot inspection, . . 3b5 Amount of penalty, . . 709 SPECIAL ELECTIONS, In cases of equality of votes, 198, 234 How to be conducted, 198, 234 Past and lulure cases, . 234 Provisions as to collectors elected, .... 234 SPECIAL. SESSIONS, When and what accusation court may try, 155 48 INDEX. Persons who are to compose the coiirr, . . 156, 157 Proceedings;, . . .156 Kiputcs, how decided. 379 Inspectors fees, . 379 Cullers fees. 379 Powers and duties of inspec- tor g» neral of New York, . 380 Of cullers. 389 Proceedings, 3^0 Penally on shipper, 381 On inspectors and cullers, . 381 Duty of inspector general, . 3S1 Annual report. S81 STEAM FERRY BOATS, Rates of ferriage, , 712 717 7l7 718 1,3 Inhabitants of the Island may compound for ferriage, . 713 Powers of common council, 714 STREETS, closing of Proceedings relative to, 715, 720 Commissioners to take oath, 715 To make an estimate, 715, 715 To report, . . . .715 Powers of supreme court in the premises, . . . 716 Corporation when vested of roads, streets, &c. . . 716 Vrhere tv. deposit transcript of estimate, . . .717 Notice to be published, , 7l7 C orpora ion to pay the same assessed, Proceedings in default. Provisions as t) owners who are minors, ieme covert, or absent, .... Opening of, . . 450, Assessment for, . 451, 453 ComHiissioner's estimate, 451,456 Plans of, . . 450, 456 Vacancies in commissioners. Power of commissioners, . 719 Two of commissioners may act, . . . .719 Duty, and the compensation of, .... 719, 720 Further provisions^ . 720,721 Opening of streets avenues squares, . . • . Lauds may be taken, and buildings removed, . Corpor.ition to apply to the ju- dicature to assent com- missioners to ascertain da- mages, .... Commissioners to be sworn, Duty of, 724, 730, 733, 735 Powers of corporation. . 730 Duty of C(»mmissio:iers when parts of lots only are re- qu red, .... 733 Proceeds of sale of such parts of lots, , . . .734 722 723 724 7^4 INDEX. 47 Contracts between landlord anri tenant to cease in cer- tain cases, Rents to be apportioned in certain costs, . Persons afiected by assess- ment may object thereto, . Damages, when to be paid by corporation, Parties may sue in case of ne5»id street> asid wharves, 804 Co'poiation to tiiik piers and l)a>ms at their discretion, . 804 And receive \vhaira«,e, . b09 Certain whaives and slips to be re.^erved for sloo|)s and market boats, . . . 805 Corporation may join with in- d.viduals to tnak • piers nnd receive a portion of the wharfage, . . b05, 806 INDEX. 01 Notice to sink piers, how gi- ven, .... 806 Penalty for throwing obstruc- tions into docks, . . 807 Remedy against incumbering the wharves, . . , 807 Monies, how levied and col- lected, .... 808 Lots, when, and how adver- tised for sale, . . 809 Covenants &c. in former grants not prejudiced, . 809