Gambar halaman
PDF
ePub

Mayor how to be appointed

Common council

where to be held

the offices chosen on the last Tuesday of September, by death, resignation, removal out of the city, or other disqualification, before another annual election shall be held, it shall be lawful for the common council to direct an election to supply such vacancy in the ward or wards where the same shall happen, and shall duly appoint a time and place for holding such election in such ward or wards, giving previous notice of such time and place in at least three public places in such ward or wards, in manner herein before mentioned; and such election shall in other respects be held and conducted in like manner as the regular elections in the said city are held and conducted; and if there shall happen any vacancies in like manner in any of the officers chosen on the first Tuesday of May, such vacancies may be filled by an election to be held in the ward or wards where such vacancies shall happen, which election shall be held at such time and place as the common council shall direct, and shall be held and conducted in like manner as the regular elections are held and conducted, and the officers chosen shall hold their offices until the next annual election.

5. And be it further enacted, That the mayor of the said city shall be annually appointed by the common council thereof, and shall hold his office for one year, or until another shall be appointed 1871-315 and sworn in his stead; and the aldermen, assistants and chamberlain of the said city shall be sworn into office on the second Tuesday of October in each year, or as soon thereafter as they shall attend in common council: And further, That the common council of the said city shall be held at the capitol therein, unless in case of pestilence, invasion, or if the same shall be destroyed by fire, or the common council cannot conveniently meet at the said capitol, in either of which cases the common council may be held (until the causes suspending their regular meetings be removed or shall cease) at such other place as they shall appoint; and the mayor, or in his absence, the recorder shall preside at any of the meetings of the common council, and if both be absent, a chairman pro hac vice may be appointed by the members present, but such chairman shall be one of the aldermen.

Special meet ings

County clerk

Clerk of the

common

council

6. And be it further enacted, That it shall be lawful for the mayor of said city to call special meetings of the common council, and in case of his death or absence from the city, it shall be lawful for the recorder to call such special meetings; and in case of their deaths or absence from the city, it shall be lawful for any three aldermen to call such special meetings; and a majority of the members of the common council shall at all times constitute a quorum for the transaction of business.

7. And be it further enacted, That the clerk denominated in the charter of the city of Albany the town clerk, now usually called the clerk of the city and county of Albany, shall forever hereafter be relieved, restrained and prohibited from doing or performing any duties or services, or any act, matter or thing whatsoever, as clerk of the common council of said city.

1

8. And be it further enacted, That the mayor, aldermen and commonalty of the city of Albany, in common council convened, shall and may from time to time, and at all times for ever hereafter, choose and appoint a clerk to be clerk of the common council of the city of Albany only, and to remove such clerk, and to appoint

another from time to time, as often as the said common council shall deem fit so to do, which said clerk or clerks so to be chosen and appointed shall receive, have and take charge of, and keep such writings and papers belonging to the mayor, aldermen and commonalty of the city of Albany, as the said common council shall from time to time direct or order to be delivered to and kept by the 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 nothing herein contained shall be construed to prevent the legislature, at any time within their discretion, from altering or repealing this section, and the last preceding section of this act.

Proviso

the poor

Board of mag

9. And be it further enacted, That it shall and may be lawful Overseersof for the common council annually, or oftener, in their discretion, to appoint one or more overseers of the poor or poor masters, and one or more pound masters, and fence viewers, who shall severally possess the powers of overseers of the poor, pound master and fence viewer of any town in this state, subject to any regulations concerning them, to be made by the common council in their discretion: And further, it shall be lawful for the said common council to select istrates from the aldermen and justices of the peace in the said city such and so many as they think proper, to be called "the board of magistrates for the relief and support of the poor," who shall in such case exclusively possess the power and authority of applying and distributing the funds for the support of the poor in such manner as the common council may direct; and the said common council shall yearly determine the sum necessary to be raised by tax for the sup- Poor inoney port and maintenance of the poor of the said city for the ensuing year; and the supervisors of the city and county of Albany being served with a copy of the resolution of the said common council directing such sum, shall cause the same to be raised, assessed and collected according to law; and such monies when collected by tax, shall be paid to the chamberlain of the said city, and shall be drawn for and applied under the direction of the common council: And Alms-house further, it shall be lawful for the common council to pass ordinances correction for regulating the alms-house and the officers thereof within the said city, and to appoint during pleasure all such officers as they may deem necessary for the good government of the said alms-house and the poor within the same; and that the monies directed by law to be applied for the support of the poor within the said city, or any part thereof, may be directed by the common council to be applied to the support of the said alms-house and the poor within the same, in such manner as the said common council shall deem proper: and also for establishing a house of correction for petty offenders within the said city; to appoint during pleasure, a keeper thereof, and so many assistants as may be necessary; to prescribe the duties of the said keeper and assistants, and the compensation which they shall respectively be entitled to receive for their services from the said mayor, aldermen and commonalty, and to pass ordinances for reg ulating the said house of correction, and all other ordinances relative thereto; and it shall be lawful for the court of oyer and terminer and general sessions of the peace in and for the city and county of Albany, and for any court of special session of the peace held in the said city or county, to sentence and adjudge any offender, convicted

and house of

Certain char

ter rights sur rendered

Proviso

Aldermen not

to act as jus tice in civil

cases.

uty excise officer

before either of said courts of any petit larceny, assault and battery, or misdemeanor committed within the said city, to the said house of correction instead of the gaol of the said city and county, there to be imprisoned and kept at hard labor during the term of his or her imprisonment.

10. And be it further enacted, That the right heretofore vested by the charter in the common council of regulating the Indian trade, and in the mayor of being coroner of the said city, and of licensing tavern keepers and others out of the said city, and the right under the said charter of holding a mayor's court once every fortnight, and of excluding all but freemen of the said city from trading therein, and of holding the election for charter officers on the feast of St. Michael the archangel, and of three aldermen and three assistants, with the mayor or recorder holding a common council, be and the same are hereby, on the petition and surrender of the common council, respectively abrogated and annulled: Provided always, That one of the coroners of the county of Albany, shall always be a citizen of the said city: And provided further, That nothing herein contained shall affect or prejudice the rights of the mayor of the said city in granting licenses to tavern keepers and others under the said charter within the said city.

11. And be it further enacted, That no alderman shall by virtue of the said charter, try any civil cause to the amount of twentyfive dollars or under, excepting such as are brought for any penalty under any of the by-laws of the said city, in which case he may act as justice in his civil capacity.

12. And be it further enacted, That it shall be lawful for the mayor Mayor may appoint a dep of the said city to appoint, during his pleasure, a person to be called the deputy excise officer, with power to such officer, under the control of the said mayor, to grant licenses to butchers, cartmen, tavern-keepers, grocers and keepers of ordinaries, victualling and oyster houses within the said city, but the said mayor shall sign such licenses, and the salary of such deputy excise officer shall be ascertained and paid by the said common council.

May grant li

censes

13. And be it further enacted, That it shall be lawful for the mayor to grant permitsf or retailing spirituous liquors under five gallons, and for keeping taverns within the said city, at the time and under the regulations prescribed in the act, entitled, "an act to lay a duty on strong liquors, and for regulating inns and taverns," and also to determine the sum which each person applying for a license or permit as aforesaid, shall pay for the same, not being less Excise duty than five, nor more than fifty dollars, as a duty of excise; which sum shall be paid to the said mayor or deputy excise officer by the person applying for such license, and before such license shall be issued as aforesaid, to be accounted for and paid over to the chamberAllowance to lain of said city, for the support of the poor thereof: And further, out of the said excise duties, the sum of five hundred dollars shall annually be paid by the said mayor to the trustees of the Albany Lancaster School, according to their act of incorporation.

Lancaster

school

Petty grocers

14. And be it further enacted, That it shall and may be lawful &cregulated for the mayor, aldermen and commonalty of the city of Albany, in common council convened, to pass ordinances for regulating tavern keepers, petty grocers, keepers of ordinaries, or victualling houses, or where fruit, oysters, clams, liquor or meats shall be sold, in order

to be eaten or drank at such houses within the said city, and for exacting a recognizance of every such grocer, or other person as aforesaid, in such penalty and with such surities as the common council shall deem reasonable, conditioned that he shall not permit any strong or spirituous liquors to be drank in his shop, out-house, yard or garden, nor suffer any kind of gaming within the same, nor sell any sort of strong or spiritous liquors to any servant, apprentice or slave, without a permit from his or her master or mistress; and that no tavern-keeper, grocer or other person as aforesaid, in the said city, shall permit any riotous or noisy persons to be assembled in his, her or their house on the Sabbath day, nor permit at any time, any manner of gaming, quarrelling or other disorderly practice or conduct; nor keep any billiard table, or other instrument or device used for gaming; and that it shall and may be lawful for the mayor or recorder of the said city, in conjunction with any two of the aldermen thereof, to hear and determine in a summary way, any complaint which may be preferred against any tavern-keeper, grocer or other person as aforesaid, for any offence in the premises, and in case they shall judge it necessary to deprive any such tavern-keeper, grocer or other person as aforesaid, who shall offend in the premises of his license: And further, That the recognizances which may Recognizan be required of persons licensed to retail strong and spirituous liquors to be drank in his or her house, out-house, yard or garden, within the said city, in pursuance of the sixth section of the act entitled 66 an act to lay a duty on strong liquors, and for regulating inns and taverns," passed the seventh day of April 1801; and the recognizances of grocers and other persons as aforesaid, to be taken and entered into pursuant to the provisions of this act, instead of being entered into and acknowledged to and in the name of the people of the state of New-York, shall be taken in the name of the said mayor, aldermen and commonalty, and that the said mayor, aldermen and commonalty, in common council convened, shall and may make such orders in relation to prosecutions for breaches thereof as they shall deem proper and necessary to preserve peace and good order, and to promote the welfare of the said city.

ces of grocers

ofthe common

cified

15. And be it further enacted, That the said common council The several are hereby constituted and declared commissioners of highways in police powers and for the said city, and shall and may from time to time council spe pass ordinances for the more effectual suppression of vice and immorality; for preserving peace and good order; to prevent forestalling and regrating, and for detecting and restraining every kind of fraudulent device and practice within the said city; to enforce the due observace of the Sabbath day; to suppress and restrain disorderly and gaming houses, billiard tables, and other instruments and devices used for the purpose of gaming; to direct the keeping and returning bills of mortality, and to impose penalties on physicians, sextons and other persons for any default in the premises; to regulate the keeping, carting, conveying and transporting of gun-powder or other combustible or dangerous materials; and the use of lights and candles in livery or other stables; to remove or prevent the construction of any fire place, hearth, chimney, stove, oven, boiler, kettle, or apparatus used in any house, building, manufactory or business, which may be dangerous in causing or promoting fires; to direct the construction of safe deposits for ashes, and to appoint one

or more officers at reasonable times to enter into and examine all dwelling-houses, lots, yards, enclosures and buildings of every description, in order to discover whether any of them are in a dangerous state, and to cause such as may be dangerous to be put in a safe and secure condition; to regulate the guaging of all casks of liquids and liquors; and to appoint one or more suitable persons to superintend and conduct the same; to regulate the place and manner of selling hay, pickled and other fish; to restrain and punish the forestalling of poultry, butter and eggs; to restrain and regulate the purchase of wheat, corn and every kind of grain and other articles of country produce, by persons commonly known in said city, by the name of runners; to prevent and regulate the running at large of dogs, or to impose a reasonable tax upon the owners or possessors. of such dogs; to appoint an examiner of weights and measures, and prescribe his powers and duties; to regulate or prevent the carrying on of manufactories dangerous in causing or promoting fires; to appoint fire wardens with such duties and powers as the common council shall prescribe, and to adopt such measures for the prevention and suppression of fires as the said common council shall deem expedient; to compel the owners and occupants of houses and other buildings to have scuttles on the roofs of any such houses or buildings, and stairs or ladders leading to the same; to regulate the dimensions of chimnies so as to admit chimney sweeps to sweep and clean the same; to appoint watchmen and prescribe their powers and duties; to authorise any magistrate, constable or other person to stop any person riding or driving immorderately through any of the streets of the said city, or otherwise to prohibit such offences; to establish and regulate docks, wharves or whatever may be necessary in and about the same; to appoint and regulate weighers and measurers of hay, fish, iron, cord wood, coal, grain, lime and salt; to abate or remove any nuisances in any street or wharf, or on the lot or enclosure of any person; to regulate the markets; to regulate and license cartmen and porters; to appoint firemen to take the charge and management of the fire engines and apparatus thereto belonging, under such regulations as they shall deem necessary, which firemen shall be exempt from serving as constables or jurors, or in the militia, except in cases of insurrection, invasion, or other inminent danger; to authorise the mayor, recorder, or any alderman or assistant to remove or cause to be removed, and kept away from the vicinity of any fire, all idle and suspicious persons, during such fire, or to compel any persons to aid in the extinguishment thereof, or in the preservation of property exposed to the dangers of such fire; to require the sheriff and his deputies, the marshal, watch and constables to be aiding in the extinguishment of all fires, and in preventing goods from being purloined thereat, and in securing the same, subject to the orders of the mayor, recorder, or any alderman or assistant present at such fire; to require the inhabitants respectively to provide such and so many fire buckets, and in such manner and time as they shall prescribe, and to regulate the use of them in times of fire; to regulate and arrange with uniformity such buildings as shall be erected; to regulate, keep in repair, and alter the streets, highways, bridges, wharves and slips, and to appoint one or more suitable persons to see that the same are conformable thereto, and who shall take an oath faithfully to perform their said trust; to prevent

« SebelumnyaLanjutkan »